Class Actions in the Age of AI

Commentary Class actions have played a major role in transforming society since the modern class action was born in 1966. That was when the Federal Rules of Civil Procedure in the United States were amended to create the “opt-out” mechanism. Until then, class actions had required individuals to proactively sign up for a class action […]
Class Actions in the Age of AI

The modern class action emerged in 1966 with the U.S. Federal Rules of Civil Procedure’s “opt-out” mechanism. Previously, class actions required individuals to proactively opt in, which hindered disadvantaged groups. This shift enabled the poor, marginalized, and illiterate to participate more easily in lawsuits.

  • The modern class action was born in 1966 with an amendment to U.S. Federal Rules of Civil Procedure.
  • The amendment introduced the “opt-out” mechanism for class actions.
  • Before the “opt-out” mechanism, individuals had to proactively opt into class action lawsuits.
  • The prior opt-in system impeded participation from disadvantaged groups like the poor and marginalized.
  • The opt-out mechanism made it easier for individuals to join class actions without prior knowledge or fear of retaliation.
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