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Gabrielle Lyn D'Alemberte
Gabrielle Lyn D'Alemberte
Attorney • (305) 343-5304

Participation in BP Settlement Requires Action from Claimants

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Some class-action settlements require relatively little action from class members who wish to participate. Just being a member of the class may be sufficient to receive benefits from the settlement agreement reached. But the BP Settlement reached in March of this year is different. It does, in fact, require affirmative action on the part of claimants in order for compensation to be paid.

The BP Settlement defines which individuals and businesses are members of the settlement class—in other words, who is eligible to participate in the settlement program. But then, it is up to the individual claimants to take the steps necessary to submit a claim. With the official launch of the Court-Supervised Settlement Program on June 4th, claimants can now take that affirmative step, first by filling out a registration form and then by submitting the relevant claims forms required in the Settlement.

What happens if a class member chooses to do nothing in relation to the BP Settlement? In the first place, all eligible claimants are bound by the terms of the Settlement unless they specifically “opt-out” by the deadline of October 1st of this year. Claimants who do not “opt-out” are considered to agree to the terms of the Settlement and then must submit claim forms if they wish to receive any compensation.

To help understand the consequences of the Settlement, what opting-out really means, and what the claims submission process entails, potential claimants can turn to Businesses by the Beach, a coalition of attorneys who are working on the BP Settlement.