1. United States
2. Mo.
3. Letter

I urge you to oppose SB47 (Trent) and HB534 (Diehl), which amend Supreme Court Rule 52.08 relating to class actions. These bills create unnecessary barriers for everyday citizens, harm vulnerable populations, and erode the effectiveness of class actions, a critical tool for holding powerful entities accountable. The bills impose a "rigorous analysis" standard for class certification, shifting the burden entirely onto plaintiffs. This makes it excessively difficult for individuals, especially in cases involving consumer fraud or environmental harm, to pursue claims against well-funded corporations. The requirement for specific findings and conclusions will also prolong litigation, delaying justice for urgent issues like defective medical devices or predatory lending. The bills repeal the current requirement for court approval and notice to class members before dismissing or settling cases. This risks sidelining class members, particularly in wage theft or discrimination cases, where workers may lose fair compensation. Allowing notice by electronic means may exclude elderly or low-income individuals who lack internet access. The bills also mandate appellate review of certification decisions, enabling defendants to exploit delays and increase costs. This disproportionately harms plaintiffs, especially in cases against pharmaceutical or pesticide companies. Additionally, the focus on appointing "interim counsel" favors well-funded firms, sidelining smaller or public interest attorneys who serve marginalized communities. While the bills claim to ensure "fair, reasonable, and adequate" settlements, they lack meaningful oversight. Class members may be bound by inadequate settlements without a new opportunity to opt out, and objections face unnecessary hurdles, undermining the democratic nature of class actions. These bills prioritize corporate interests over ordinary citizens, weakening accountability and fairness. I urge you to reject SB47 and HB534 to protect the integrity of our legal system and preserve class actions as a vital tool for justice.