Given actual knowledge by counsel, a class action opt-out terms letter sent by regular mail sufficed for notice, given the finding that the letter was not returned by the post office, and the testimony of the plaintiff that the letter was addressed correctly.
Given counsel's actual knowledge, court did not abuse its discretion in not permitting a late opt-out.
Since the opt-out procedure was specified in excruciating detail, and courts have an interest in uniform mechanical procedures, continuing a lawsuit on the same claim in a different forum was not a reasonable indication of a desire to opt-out.