(1)(1)(a) (1)(a)(i) (1)(a)(i)(A) A defendant in a class action may file a written settlement offer.
(1)(a)(i)(B) If the settlement offer is not accepted within a reasonable time by a plaintiff class representative, the defendant may file an affidavit reciting the rejection.
(1)(a)(ii) (1)(a)(ii)(A) The court may determine that the settlement offer has enough merit to present to the members of the class.
(1)(a)(ii)(B) If the court determines that the settlement offer merits presenting, the court shall order a hearing to determine whether the settlement offer should be approved.
(1)(a)(iii) The court shall provide at least 60 days advance notice of the hearing:
(1)(a)(iii)(A) to the division; and
(1)(a)(iii)(B) to the extent practicable, to each member who can be identified through reasonab
Free access — add to your briefcase to read the full text and ask questions with AI
(1) (1)(a) (1)(a)(i) (1)(a)(i)(A) A defendant in a class action may file a written settlement offer.
(1)(a)(i)(B) If the settlement offer is not accepted within a reasonable time by a plaintiff class representative, the defendant may file an affidavit reciting the rejection.
(1)(a)(ii) (1)(a)(ii)(A) The court may determine that the settlement offer has enough merit to present to the members of the class.
(1)(a)(ii)(B) If the court determines that the settlement offer merits presenting, the court shall order a hearing to determine whether the settlement offer should be approved.
(1)(a)(iii) The court shall provide at least 60 days advance notice of the hearing:
(1)(a)(iii)(A) to the division; and
(1)(a)(iii)(B) to the extent practicable, to each member who can be identified through reasonable effort.
(1)(a)(iv) The notice described in Subsection (1)(a)(iii) shall specify the terms of the settlement offer and a reasonable period within which members of the class who request to be included in the class are entitled to be included in the class.
(1)(a)(v) (1)(a)(v)(A) The statute of limitations for the members that are excluded in accordance with this Subsection (1)(a)(v)(A) is tolled for the period the class action has been pending, plus an additional year.
(1)(a)(v)(B) Within 60 days of receipt of the notice required by this Subsection (1)(a), the division may intervene in the class action for the limited purpose of objecting to the settlement offer.
(1)(b) (1)(b)(i) If a member who has previously lost an opportunity to be excluded from the class is excluded at the member's request in response to notice of the settlement offer during the period specified under Subsection (1)(a), the member may not thereafter participate in a class action for damages respecting the same consumer transaction, unless the court later disapproves the settlement offer or approves a settlement materially different from that proposed in the original settlement offer.
(1)(b)(ii) After the expiration of the period of limitations, a member of the class is not entitled to be excluded from the class.
(1)(c) (1)(c)(i) If the court later approves the settlement offer, including changes, if any, required by the court in the interest of a just settlement of the action, the court shall enter judgment, which is binding on all persons who are then members of the class.
(1)(c)(ii) If the court disapproves the settlement offer or approves a settlement materially different from that proposed in the original settlement offer, notice shall be given to a person who was excluded from the action at the person's request in response to notice of the settlement offer under Subsection (1)(a), and the person is entitled to rejoin the class and, in the case of the approval, participate in the settlement.
(2) (2)(a) On the commencement of a class action under Section 13-11-19, the class representative shall mail by certified mail with return receipt requested or personally serve a copy of the complaint on the division.
(2)(b) Within 180 days after the receipt of a copy of the complaint, but not thereafter, the division may intervene in the class action for purposes of participation as an interested party in litigation of the class action.