Court Bars Plaintiff Who Opted Out from Leading New Class Action
A court ruled plaintiffs who opt out of a class settlement cannot lead new class actions on the same claims.
Why it matters: This decision restricts plaintiffs’ ability to lead follow-up class actions after opting out, reshaping how litigators advise clients on class certification and settlement options.
- Case: Brown v. Citibank, N.A., No. 3:25-cv-5119-TL, Western District of Washington.
- Plaintiff Tamyka Brown opted out of a previous Telephone Consumer Protection Act (TCPA) class settlement and sought to lead a new class action.
- The court held opting out preserves personal claims but bars the right to represent the original class again.
- Brown alleged receiving 46 unsolicited robocalls from Citibank between Oct. 29 and Dec. 19, 2023.
In Brown v. Citibank, N.A., the U.S. District Court for the Western District of Washington addressed an important class action issue involving plaintiffs who opt out of class settlements.
Tamyka Brown, the plaintiff, opted out of a prior TCPA class settlement concerning unsolicited robocalls from Citibank. Brown then attempted to lead a new class action on the same claims, alleging she received 46 unwanted robocalls from October 29 to December 19, 2023.
The court ruled this approach was impermissible. While opting out lets plaintiffs preserve their individual claims by choosing not to be bound by the settlement, it does not grant them the right to represent the original class in subsequent litigation.
- Judge Thomas L. S. established that opting out "preserves a plaintiff’s individual claims but forfeits their right to act as class representative for those who remained in the settlement class."
- This distinction prevents plaintiffs from relitigating or leading new class claims on behalf of others who accepted the prior settlement.
For legal professionals, this ruling clarifies a critical procedural boundary in class litigation strategy. Clients must understand that rejecting a settlement to pursue individual relief limits their role in future class actions tied to the same matter.
Litigators should integrate this ruling when counseling clients on the implications of opting out, class certification efforts, and potential settlement negotiations.
Notably, court documents, including the order issued in March 2024, underpin these findings, providing an official basis for this legal interpretation.
By the numbers:
- 46 unsolicited robocalls — alleged by Brown between Oct. 29 and Dec. 19, 2023
- March 2024 — date of the court order in Brown v. Citibank, N.A.
Yes, but: While the ruling limits plaintiffs who opt out from leading subsequent class actions, it does not prevent them from pursuing individual claims separately from the class.
What's next: Courts and litigators will watch for similar challenges in other TCPA and consumer protection class actions to test the scope of the ruling.