Considerations for Crafting Accessible and Effective Notices

AuthorOscar Ramirez
Considerations for Crafting Accessible and Effective
Oscar Ramirez
: In class actions, notices keep class members apprised of essen-
tial information relating to the proceeding. As a result, notices are instru-
mental 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 char-
acteristics 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 exer-
cise 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.
Figure 1: Arrow pointing to the right with
four dots along the line. The dots from
left to right: incoming information, input
of information by senses and recognition
(perception), storage of information into
memory and its manipulation (digestion),
response output.

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