Settling a TCPA class action in federal court comes with a filing duty that falls on the defendant, not class counsel. Under 28 U.S.C. § 1715, each settling defendant must send notice of the proposed settlement to the U.S. Attorney General and to an official in every state where a class member lives. Final approval can’t come until 90 days after that notice goes out, and a missed notice can leave the deal open to attack.
Which TCPA settlements need CAFA notice?
Class settlements in federal court. The notice rule sits in the Class Action Fairness Act, and 28 U.S.C. § 1711 defines a “class action” for that chapter as a civil action “filed in a district court of the United States under rule 23 of the Federal Rules of Civil Procedure” or one “removed to a district court of the United States” after being filed under a state class action rule.
A “proposed settlement,” under the same section, is “an agreement regarding a class action that is subject to court approval and that, if approved, would be binding on some or all class members.” An individual settlement with the named plaintiff alone doesn’t bind absent class members, so it doesn’t trigger this notice. The post on individual TCPA settlement and release terms covers that kind of deal.
Who has to receive the notice?
Federal and state officials, chosen by the statute’s definitions. Under 28 U.S.C. § 1715(a), the “appropriate Federal official” is generally the Attorney General of the United States, or, for banks and certain other depository institutions, the defendant’s primary federal regulator.
The state side takes more work. The statute defines the appropriate state official as the person “who has the primary regulatory or supervisory responsibility with respect to the defendant, or who licenses or otherwise authorizes the defendant to conduct business in the State,” if the class claims fall within that person’s authority. If there’s no such regulator, or the claims don’t fall within its authority, the statute says “the appropriate State official shall be the State attorney general.”
For most TCPA defendants, such as retailers and marketing companies, the practical answer is usually the attorney general in each state with a class member. A licensed business, such as an insurance agency or a regulated lender, should check whether its licensing agency is the right recipient.
What must the notice include?
A specific package, listed in the statute. Under section 1715(b), each participating defendant must serve, “Not later than 10 days after a proposed settlement of a class action is filed in court,” a notice that includes these items:
| Item in § 1715(b) | What it means in a TCPA settlement |
|---|---|
| (1) The complaint and amended complaints | Can be satisfied with online access if the notice says how |
| (2) Notice of any scheduled hearing | Preliminary and final approval hearing dates, if set |
| (3) Proposed or final class notice | The postcard, email, or text notice to class members, including the opt-out right |
| (4) The proposed or final settlement | The settlement agreement and exhibits |
| (5) Any side agreement between counsel | Any agreement made at the same time as the settlement |
| (6) Any final judgment or dismissal | If one exists when notice is sent |
| (7) Class members by state | Names and each state’s share, or a reasonable estimate if names aren’t feasible |
| (8) Any written judicial opinion on items (3) to (6) | Including a preliminary approval order, if issued |
Item (7) is often the hardest in a TCPA case. Class members are usually identified by phone number, not address, so the defendant may need to estimate how many live in each state. The statute allows “a reasonable estimate of the number of class members residing in each State” when names by state aren’t feasible, and the method used to build that estimate should be documented.
How does the notice affect the settlement timeline?
It sets the earliest date for final approval. Under section 1715(d), “An order giving final approval of a proposed settlement may not be issued earlier than 90 days after the later of the dates on which the appropriate Federal official and the appropriate State official are served with the notice.”
That waiting period should be built into the schedule the parties propose for preliminary approval, class notice, and the final hearing. Court approval itself is governed by Federal Rule of Civil Procedure 23(e), under which a class settlement that binds class members may be approved “only after a hearing,” and only if the court finds it fair to the class. The CAFA waiting period runs alongside that process and doesn’t replace it.
What happens if the notice isn’t sent?
Class members get a way out. Section 1715(e) says “A class member may refuse to comply with and may choose not to be bound by a settlement agreement or consent decree in a class action if the class member demonstrates that the notice required under subsection (b) has not been provided.”
There’s a safe harbor. A class member can’t use that right “if the notice required under subsection (b) was directed to the appropriate Federal official and to either the State attorney general or the person that has primary regulatory, supervisory, or licensing authority over the defendant.” For a business, the safe course is to serve both the federal official and each state attorney general, plus any licensing regulator, so the release the company paid for holds.
Notice doesn’t give officials new powers. Subsection (f) says nothing in the section expands their authority or imposes duties on them. Still, an attorney general who reads the notice can object or ask questions, so the settlement terms should be ones the company is comfortable having state officials read.
Planning for these steps early is part of TCPA litigation defense, since a settlement that can’t be approved on schedule changes the economics of the deal.
Steps for a business preparing a TCPA class settlement
- Keep the litigation hold on call and text logs, dialer and platform data, and consent records until the settlement is final, since the class list and any state estimate depend on them.
- Pull the opt-out and internal do-not-call logs, which often define who’s in or out of the settlement class.
- Keep the National Do Not Call Registry scrub records and version dates, which may matter if a state official asks about compliance.
- Collect vendor and lead-source contracts and scripts, with any recorded or AI-voice files, so indemnity and contribution claims are preserved before the release is signed.
- Talk to a lawyer before signing a term sheet, so CAFA notice, the 90-day period, and the release scope are planned together.
Questions about CAFA notice in TCPA settlements
Does CAFA notice apply to a TCPA class settlement in state court?
The statute’s definition covers actions filed in federal court under Rule 23 and state class actions removed to federal court. A class settlement approved by a state court in a case that stayed there isn’t within that definition. State court settlements have their own approval rules, and the parties should check what notice the state’s rules require.
Who sends the CAFA notice, the defendant or class counsel?
The defendant. Section 1715(b) puts the duty on “each defendant that is participating in the proposed settlement.” Class counsel often helps with class member data, but the obligation and the risk of a defective notice sit with the business. Defendants commonly hire a settlement administrator to prepare and serve the notice packages and to document service.
How does a business estimate class members by state from phone numbers?
The statute allows a reasonable estimate when names by state aren’t feasible. Common methods include area code mapping and address data from the company’s own customer records. Neither is perfect, since people keep phone numbers when they move. Whatever method is used should be described in the notice so officials can see how the numbers were reached.
Can final approval happen before the 90 days run?
No. Section 1715(d) says a final approval order “may not be issued earlier than 90 days after” the later of the federal and state service dates. If notice is served late, the final hearing may need to move. Building the period into the proposed schedule at preliminary approval avoids that problem.
Settling a TCPA class action
If your company is negotiating a class settlement of TCPA claims in federal court, the CAFA notice and its 90-day period should be part of the plan from the start, not an afterthought before final approval. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving class-wide marketing calls and texts. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
The statutes are 28 U.S.C. § 1711 and 28 U.S.C. § 1715. The settlement approval rule is Federal Rule of Civil Procedure 23.
This post is general information about the Telephone Consumer Protection Act and related laws as of April 8, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.