The biggest issue with the settlement, however, was the proposed agreement's prohibition on providing notice to absent class members, leaving those individuals to effectively "fend for themselves." Judge Alsup explained that even though damages claims would in theory survive the settlement, "absent class members would not be put on notice" that they need to file their own claims. Given the substantial narrowing of the class and the prohibition on providing any notice at all to those covered, original class members stand to receive nothing, Judge Alsup said, "not even notice of the need to bring their own lawsuit."