Considerations for Crafting Accessible and Effective Notices

In class actions, notices keep class members apprised of essential information relating to the proceeding. As a result, notices are instrumental for class members seeking to exercise their rights. However, some class members will face accessibility barriers because the notice is jargon-filled or because of its formatting. To further accessibility and access to justice, it is important to have some equitable consideration for the non-homogenous needs of class members. This paper posits that perception and digestibility are essential characteristics that should be considered for crafting accessible and effective notices, which would increase the ability of class members to exercise their rights. Perception and digestibility considerations empower class members to appreciate the contents of the notice and meaningfully exercise their rights. This paper deconstructs perception and digestibility into numerous elements that can assist notice drafters by obtaining guidance from various cognitive psychology theories and plain language experts.