Can SMS Be Used for Rule 23(c)(2)(B) Notice?
As communication habits continue to evolve, attorneys and settlement administrators are asking an increasingly important question:
Can text messaging be used to notify class members about a class action lawsuit or settlement?
The short answer is yes.
While Rule 23(c)(2)(B) does not specifically mention SMS text messaging, it permits notice to be provided through "electronic means" when directed by the court. As a result, courts have increasingly approved notice programs that incorporate SMS alongside email, postal mail, settlement websites, digital advertising, and other communication channels.
Today, SMS is often used as part of a broader notice strategy designed to maximize overall class reach.
Understanding Rule 23(c)(2)(B)
Rule 23(c)(2)(B) governs notice requirements for Rule 23(b)(3) class actions.
The rule requires that class members receive the best notice practicable under the circumstances.
Historically, this requirement was satisfied through postal mail and publication notice. However, as consumers increasingly rely on mobile devices and digital communications, courts have recognized that electronic communications can play an important role in achieving meaningful notice.
The objective remains the same:
Provide affected individuals with timely and understandable information regarding their legal rights.
Why SMS Has Become Important
Consumers may ignore emails.
They may move, causing postal notices to be returned.
However, many individuals maintain the same mobile phone number for years.
According to numerous consumer communication studies, text messages consistently achieve higher engagement rates than most other communication channels.
For notice programs, SMS offers several advantages:
- Near-immediate delivery
- High visibility on mobile devices
- Direct access to settlement websites
- Efficient reminders regarding deadlines
- Additional reach beyond email and postal mail
This makes SMS particularly valuable when used alongside other approved notice methods.
SMS Is Not a Replacement for Email
One misconception is that SMS should replace email notices.
In most cases, the opposite is true.
The strongest notice programs typically use multiple channels working together.
For example:
- Email may provide the full legal notice
- SMS may alert class members to important deadlines
- Postal mail may reach individuals without valid email addresses
- Digital advertising may increase overall awareness
Each communication channel reaches individuals who may be missed by another.
The goal is not to maximize one channel. The goal is to maximize total notice reach.
Compliance Considerations
Legal notice SMS programs must be carefully planned and executed.
Important considerations include:
- Data source verification
- Message content review
- Carrier requirements
- Mobile number validation
- Court-approved notice language
- Opt-out processing where applicable
- Documentation and reporting
Because legal notice campaigns differ significantly from commercial marketing campaigns, settlement administrators often work closely with specialized providers familiar with both legal notice requirements and carrier compliance standards.
Measuring Notice Effectiveness
As courts continue to evaluate the effectiveness of modern notice programs, administrators increasingly look beyond simple message counts.
Common performance indicators include:
- SMS delivery rates
- Link engagement
- Settlement website visits
- Claim submissions
- Combined reach across all channels
The question is no longer whether a message was sent.
The question is whether the notice program successfully reached class members and provided them with a meaningful opportunity to act.
The Future of Digital Notice
The continued growth of mobile communications suggests SMS will remain an important component of many notice programs.
Email, SMS, digital advertising, and postal mail each serve different purposes. Together, they help administrators satisfy Rule 23(c)(2)(B)'s requirement to provide the best notice practicable under the circumstances.
As courts continue embracing modern communication methods, successful notice programs will increasingly focus on combining channels to improve reach, engagement, and overall effectiveness.
About the Author
Since 2009, Admail has supported the delivery of class action and legal notice email campaigns. Since 2017, AdmailSMS has supported SMS notification programs for settlement administrators, law firms, and organizations seeking to improve digital notice reach. Together, these platforms help organizations maximize deliverability, improve notice effectiveness, and support court-approved communication programs.
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