The U.S. Postal Service (USPS) made a recent operational change that will likely have a significant impact on class action deadlines and other time-sensitive legal submissions. As of December 24, 2025, the USPS changed how postmarks are applied. Under this new change, postmarks no longer necessarily reflect the date on which mail is deposited in a mailbox — instead, postmarks reflect the date on which mail is processed at a regional USPS facility.
According to its website, USPS has made adjustments to its transportation operations that will result in some mail not arriving at processing facilities on the same day it is placed in the mail. As a result, the date printed on postmarks applied at processing facilities may not match the date on which the mail was collected by a letter carrier or dropped off at a retail location. In some cases, the postmark may reflect a later date.
This has implications for class actions, particularly in the context of settlement administration, which has customarily relied on postmark-based deadlines. The change creates uncertainty regarding class member deadlines, such as claim forms, opt-out requests, and objections. Even if class members submit their materials on time, processing delays may result in a delayed postmark. This could raise due process concerns for individual class members, as well as general administrative challenges.
Class action practitioners, settlement administrators, and class members should be aware of this change and its possible implications. Settling parties should consider alternative mailing methods that provide greater certainty regarding postmarking dates, including:
- Visiting a USPS retail location and requesting a manual postmark at the retail counter when tendering mail. This ensures that the postmark date matches the date of mailing. Manual postmarks will be applied free of charge.
- Using Registered Mail or Certified Mail services. These services provide mailing receipts for individual pieces of mail.
- Purchasing a Certificate of Mailing. This provides proof of the date on which USPS first accepted possession of the mail.
In addition, practitioners and settlement administrators should consider proactive approaches to address the increased uncertainty surrounding timeliness of submissions under the new postmarking change. For example, practitioners and administrators could:
- Incorporate language into notices, claim forms, and other materials. The language should note the possible discrepancy between mailing and postmarking dates and encourage claimants and other putative class members to mail materials well in advance of deadlines.
- Consider a grace period. A grace period would allow technically untimely claims or other materials to be processed and considered as timely.
Clear guidance from counsel and settlement administrators on how to navigate this change will help protect class members' rights by reducing confusion about deadlines and will hopefully minimize administrative challenges overall.
