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Notice is discretionary if the claim is for injunctive or declaratory relief. It is also discretionary if the claim is to avoid inconsistent adjudications. Under these circumstances individual notice under due process is not required if the class representation is adequate. Individual notice is mandatory if the action is based on a predominant question common to the class and the action is based at law (damages). Rule 23 does not require or establish any specific manner or form of giving notice to class members. Notice may be by letter or bulletins mailed or circulated to the members of the class. Notice must advise class members of the suit, the claim, the relief requested, provisions for the costs of maintaining the suit, the identity of the persons suing on behalf of the class, and advise each member of the option to opt out or be bound by the judgment (only for predominant questions). Rule 23(b)(3) suits involve predominant questions. Notice under these suits allows the notified person to terminate their participation in the suit. The plaintiff must pay for the cost of notice. Under federal class action suits for issues other than a predominant question, notice in these types of ...
