Fairness Hearing (Final Approval Hearing)

A fairness hearing, also called a final approval hearing, is the court session where the judge decides whether a class settlement should be finally approved. The date is set in the preliminary approval order and printed in the class notice and on the settlement website. It usually falls several weeks after the opt-out and objection deadlines, so the court knows how many people claimed, opted out, and objected.

At the hearing, class counsel and the defendant explain why the deal is fair, and the settlement administrator typically reports on notice and claims. Class members who filed timely objections can usually speak, often only if they gave advance notice of their intent to appear. Federal Rule of Civil Procedure 23(e)(2) allows a court to approve a binding class settlement only after a hearing and only on finding it fair, reasonable, and adequate. The judge also considers class counsel's fee request and any service awards for the named plaintiffs.

You do not need to attend to receive money. Class members who simply file a claim do not have to appear, and the hearing date can be moved, so check the settlement website shortly before. Many courts now allow remote attendance.

The judge may approve the settlement at the hearing, issue a written order later, ask for changes, or reject it. Rejections are uncommon but do happen, most often over weak relief to the class, excessive fees, or unclear distribution plans. See opting out or objecting, the rights of a class member, and the final approval and objector entries.