Jun. 14, 2003

Attorneys Can Send Notices to Possible Class-Action Plaintiffs

Focus Column - Litigation - By Michael D. Singer - Class-action counsel now may communicate freely with proposed class members before class certification without court approval. The 2nd District Court of Appeal, in Parris v. Superior Court (Lowe's H.I.W. Inc.) , 2003 DJDAR 5759 (Cal. App. May 29, 2003), ruled that pre-certification communications with potential class members, including dissemination of written notices, constitutes speech protected by the First Amendment for which no prior court approval is necessary.