The two primary mechanisms involve allowing putative class members to either opt out of or opt in to class membership.
Opt-out classes, which include all members who do not opt out, tend to be more inclusive than opt-in classes, which include only members who affirmatively opt in. Because of inertia, an opt-in regime would result in "drastically reduce[d]" numbers of class members.
Those who want to opt in are likely to do so, and the class then will be composed of only those claimants who have expressly consented to aggregate litigation.
And self-identification in an opt-in class in which only those who opt in are potentially included in the class gives both the court and the defendant an effective opportunity to determine whether those who have opted in really do fit within the class definition.
As long as the number of class members who opt in exceeds around forty, (138) and as long as joining them together would be impracticable, then the class will have met the numerosity requirement.
An opt-in option for class actions
Don't make it appear as though checks or recurring debits won't be covered if the customer doesn't opt in to the ATM/debit card program.
Don't trick them--don't imply that their ATM/debit card won't work unless they opt in, and don't offer better account terms if they do (that is a violation of the rule).
Watch how you market those overdraft programs
Linford believes instead that "
opt in"--prohibiting companies from adding addresses to lists unless their owners have given their specific consent--is the key to effective anti-spam legislation.
The spam wars: how should the Internet deal with junk mail?
I "opt in" because I Want to know when the Gucci Hobo Bag is discounted, if ever.
For example, let's say I visit a site that sells vitamins and I opt in to receive additional information.
Where's the retention.com?
We also see this as potentially your most fragile segment--they trust you with highly personal location data and expect two things in return: high-value utility from the app (give them a reason to
opt in that makes the app experience richer), and judicious use of their information.
Urban Airship: the price of free: understanding the new metrics in the mobile value exchange
"Our expectations were to build somewhere north of 10,000 likes, and we hoped some reasonable number of those would actually register and
opt in," Lindseth adds.
The doctor gets a social prescription: YouBeauty enlists Extole to launch a social media campaign
Perhaps the best way to guarantee your customers want to hear from you is giving them the opportunity to opt in to receive information about you.
If you choose to be with us, please click here.'" In the end, after customers were given the opportunity to opt in, The Right Start was left with 25,000 legitimate customers.
Cast a narrow net: marketers can't afford to target every fish in the sea. With better aim and finely honed tools, they can take more time to invest in their customer relationships to create highly compatible lists
If the same mailer got a response rate of 2 percent by selecting only the
opt ins, its cost per order would be $25.
Giving consumers a choice