Contacting Class Action Members Without Running Afoul of the Law
Labor and Employment Attorneys Tina Tellado, Deisy Castro and Dana Feinstein wrote an article for The National Law Journal discussing the complexity of contacting putative collective or class action members. Ms. Tellado, Ms. Castro and Ms. Feinstein note the differences in communication requirements and legal precedents from case to case and between different jurisdictions. They also highlight that you can't prohibit communications between class action members and their employer, so the employer's representation should be fully informed on appropriately communicating with class action members who are still employees.
"By considering legal precedent and basic principles of legal ethics — and employing common-sense interview techniques—it is possible to zealously represent your client in a class or collective action without violating collective or class rights," said the authors.
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