By Steve Levine · Updated May 29, 2026 · 8 min read
Quick Answer
A Notice of Pendency of Class Action is the official letter, email, or postcard telling you that a class action lawsuit has been filed, is currently pending (ongoing), and that you appear to be part of the affected group. It is not a bill, a scam, or a sign you did anything wrong. Read it, write down every deadline, and keep it — it usually has a unique ID you'll need later. You generally have four choices: stay in and do nothing, stay in and file a claim to get paid, opt out to keep your right to sue on your own, or object if you think the deal is unfair.
Notice of Pendency of Class Action is the court-approved notice sent to class members telling them a class action lawsuit has been filed and is currently pending, that they appear to be a member of the class, and what their rights are. "Pendency" simply means the case is pending — in progress and not yet resolved. The notice exists because courts require that the people whose rights are affected by a class action be given the "best notice practicable" so they can decide what to do.
What "Pendency" Actually Means
"Pendency" trips a lot of people up, but it's a plain idea dressed in legal clothing. A case is "pending" when it has been filed and is moving through the court but hasn't reached a final result yet. "Pendency" is just the noun form — the state of being pending. So a Notice of Pendency of Class Action is, in everyday English, "a notice that a class action lawsuit is currently going on."That's the whole mystery. The document is telling you: a lawsuit exists, it's still in progress, and you're one of the people it affects.
When You Get One — and Who Sends It
You typically receive a Notice of Pendency at one of two points in a case:• After the class is certified. Once a judge agrees the case can move forward on behalf of a whole group instead of just the named plaintiff — a step called class certification — the court usually orders that notice go out to everyone in the class. This is the classic, "pure" Notice of Pendency.
• When a settlement is proposed. If the parties reach a deal, the court grants preliminary approval and orders a notice to be sent describing both the case and the settlement. This combined version is often titled "Notice of Pendency of Class Action and Proposed Settlement."
The notice is almost never sent by the court itself. It's handled by a neutral settlement administrator (sometimes called a claims administrator) — the company hired to manage the mailing list, run the official website, and process claims. The notice can arrive as a mailed letter or postcard, an email, or sometimes as a published ad if individual addresses aren't known.
Why you, specifically? Because records indicate you fit the class definition — for example, you bought a certain product, held a certain bank account, or used a certain app during the dates the lawsuit covers. Receiving a notice doesn't mean you're being sued or that you did anything wrong. It means a court approved letting you know about a case that affects your rights.
What's Inside the Notice
Notices vary, but a court-approved one almost always covers the same ground:• The case caption and number — the official name of the lawsuit (e.g., Smith v. Big Co., Case No. 2:24-cv-12345) and the court it's in.
• The class definition — who is included, and the time period (the "class period") that qualifies.
• What the case is about — a short, neutral summary of what the plaintiffs claim and what the defendant denies.
• Your rights and options — whether you can stay in, opt out, object, or appear through your own lawyer, and the deadlines for each.
• How to file a claim — if there's money available, where and how to submit a claim, and by when.
• A unique identifier — many notices include a Claim ID, Notice ID, or PIN tied to you. You'll often need it to file online, so don't toss it.
• The official website — where to read the full details, court documents, and frequently asked questions.
Your Four Options
When a Notice of Pendency lands, you generally have four paths. You can pick only one of the last two (you can't both opt out and object).• 1. Stay in and do nothing. Class actions are "opt-out," so if you fit the class definition and take no action, you're automatically a class member and bound by the result — good or bad. You keep your spot, but in most settlements doing nothing means you won't actually receive a payment.
• 2. Stay in and file a claim. To turn eligibility into an actual check, you usually have to submit a claim form by the deadline. This is the step most people miss.
• 3. Opt out (request exclusion). If you'd rather pursue your own lawsuit — usually only worth it when your individual losses are large — you can opt out. You'll get nothing from the class case, but you keep the right to sue on your own.
• 4. Object. If you want to stay in but think the case or settlement is unfair, you can file an objection for the judge to weigh at the final approval hearing.
For the large majority of consumers with modest losses, options 1 and 2 are the realistic choices — and option 2 (filing a claim) is the one that actually gets you paid.
Pendency Notice vs. Settlement Notice vs. Claim Form
These three get mixed up constantly. Here's the clean version:• Notice of Pendency — "A class action is happening and you're part of it." It tells you the case exists and explains your rights. On its own (before settlement), there's nothing to claim yet.
• Settlement notice — "The case has settled; here's the deal." It describes the money, who qualifies, and how to claim. Often bundled with the pendency notice as "Notice of Pendency of Class Action and Proposed Settlement."
• Claim form — the actual document you fill out to get paid. The notice tells you a claim form exists; the claim form is the thing you submit.
Think of it as: the notice is the announcement, the settlement notice is the offer, and the claim form is the RSVP.
What to Do When One Arrives
• Read it — don't bin it. It looks like junk mail, but it's a real notice about your legal rights and, often, money you're owed.• Confirm it's legitimate. Check the case name and visit the official settlement website printed in the notice. A genuine notice will never ask you to pay a fee or hand over a Social Security number or full bank login to "release" your money.
• Write down every deadline. The claim deadline, opt-out deadline, and objection deadline are usually different dates. Missing the claim deadline is the most common way people lose out.
• Keep your unique ID. The Claim ID / Notice ID / PIN on the notice is often required to file online. Snap a photo of it as backup.
• Decide which of the four options fits you. For most people that's simply "file a claim before the deadline."
• If you lost the notice or never got the ID, you can usually still file — check the official settlement website, which typically has a way to look up or request your information through its contact page.
Not the Same as a Real-Estate "Notice of Pendency"
Heads-up on a name collision. In real estate, a "notice of pendency" (also called lis pendens) is a completely different thing: it's a document recorded in county property records to warn would-be buyers that a lawsuit affecting a specific piece of property is pending. It has nothing to do with class actions.If your notice arrived in the mail or by email and talks about a product you bought, an account you held, or a service you used — it's the class action kind described on this page, not the real-estate kind.
Common Mistakes to Avoid
• Throwing it out as junk mail. The single most common mistake. That "postcard" may be your only heads-up that you're owed money.• Assuming you'll be paid automatically. In most settlements you have to file a claim — doing nothing usually means getting nothing.
• Missing a deadline. Claim, opt-out, and objection deadlines differ. Courts rarely accept late submissions.
• Confusing opt-out with objecting. Opting out removes you from the case entirely; objecting keeps you in but flags a complaint. You can't do both.
• Falling for a copycat scam. Real notices route you to an official settlement website and never demand payment or sensitive logins to release funds.
Frequently Asked Questions
What does Notice of Pendency of Class Action mean?
It's the official notice telling you a class action lawsuit has been filed and is currently pending — ongoing and not yet decided — and that you appear to be a member of the class. "Pendency" just means "the case is pending." The notice explains what the case is about, confirms you're in the affected group, and lays out your options: stay in, opt out, object, or hire your own lawyer.
Why did I get a class action notice in the mail or by email?
Because records show you fit the class definition — for example, you bought a certain product, held a certain account, or used a certain service during the period the lawsuit covers. Courts require that class members get the "best notice practicable." Getting one doesn't mean you did anything wrong; it means a court approved telling you a case affecting your rights is underway.
Is a Notice of Pendency the same as a settlement notice?
Not exactly. A pure Notice of Pendency tells you the case has been certified and is being litigated, before any money is on the table. A settlement notice tells you the parties agreed to settle and explains how to claim. In practice the two are often combined into one document titled "Notice of Pendency of Class Action and Proposed Settlement."
Do I have to do anything when I get one?
Usually you don't have to do anything to stay in the class — class actions are opt-out, so you're automatically included if you fit the definition. But to receive money you generally still have to file a claim form by the deadline, and if you'd rather sue on your own you must opt out by the deadline. Read the notice, note every deadline, and keep it — it often contains a unique Claim ID, Notice ID, or PIN you'll need to file.
Is this the same as a real estate notice of pendency?
No. They share a name but are unrelated. In real estate, a "notice of pendency" (lis pendens) is filed in county property records to warn buyers that a lawsuit affecting a specific property is pending. A class action Notice of Pendency is sent to people who are members of a lawsuit's class. If yours came in the mail or by email about a product, account, or service, it's the class action kind.
