The resources from which people obtain, and choose to obtain, information have changed dramatically. A recent and highly publicized discussion of how information is exchanged might be the so-called filter bubble that many social media users experience. This bubble has reportedly caused “autonomous decision-making,” which hypothesizes that people pay attention to only those sources of information with which they agree and that reinforce their beliefs. These theories are seemingly supported by data regarding how U.S. adults utilize services like Facebook, Twitter, Snapchat and Reddit, and how these and other social media sites are now among the primary sources of news and other information for U.S. adults.
The way people receive and believe information matters in the class action context. Judges are instructed that notices must effectively reach and come to the attention of the class – that is, command the attention of the intended recipients. The ways in which notice may be given are codified in Federal Rule of Civil Procedure 23(c)(2)(B), which provides that “[f]or any class certified under Rule 23(b)(3), the court must direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort.” Continue Reading