I’m Not Sure If I Want to Participate

Steps one through four

1. 1

   Receive Claim

   When a claimant serves you in a CCB proceeding, you should receive

   • the claim,
   • the initial notice, and
   • an opt-out form.

   
   

   Waiver of Service. You may also receive a waiver of service form. This means that the claimant is asking you to acknowledge receipt of the claim without being formally served. You are not obligated to waive service, and waiving formal serviceThe process of having the claim, initial notice, and opt-out formally delivered to the respondent. does not mean that you have waived your right to opt out of, or your right to defend your position in, the proceeding. You may choose to waive service because you want to avoid having someone like a process server deliver the claim and other materials to your home or business or because doing so gives you an extra thirty days to respond to a claim after the proceeding has become active.

   Within the sixty-day window, the CCB will send you a second notice if you have not yet opted out. This notice is to confirm you have received a copy of the claim, notification of the opt-out period, and other important information.

   Calculating Your Opt-Out Deadline. The opt-out period is almost always sixty days from the day you were served. The CCB may, in exceptional circumstances, extend the opt-out period if it believes it would be fair and just to do so. You should not rely on getting an extension.

   Missed Your Deadline to Opt Out?

   If you have missed your opt-out deadline, your claim has proceeded to the active phase. For more information, visit the I Want to Particpate page.

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2. 2

   Review the Claim

   Review the claim carefully.

   • Would you describe the facts or events differently than the claimant?
   • Does the claim include evidence?
   • Do you have any evidence that was not attached to the claim?
   • Do you have any defenses?
   • Do you want to get legal representation?

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3. 3

   Consider Your Options

   When deciding whether to participate in a CCB proceeding, keep in mind that there are important differences between the CCB and federal court, such as the costs involved, the time and complexity of procedures, and the subject matter expertise of the decision makers.

   • The CCB is accessible to everyone, with or without an attorney. You do not need an attorney either to opt out or respond to a claim with the CCB. CCB proceedings are designed to be clearly understood and usable by parties who have no legal training. However, parties are allowed to be represented by or consult with an attorney. You may also wish to engage a law student at a legal clinic or a volunteer lawyer at a pro bonoLegal services without a charge for the attorney’s or law student’s time or work. organization as an alternative.

   For more information, please see our Pro Bono Assistance webpage.

   • Monetary damages are capped at $30,000 and statutory damagesAn alternative to actual damages, allowing a successful claimant or counterclaimant to receive an award in an amount within a set range that the court or the CCB considers just. are capped at $15,000 (and sometimes $7,500) per work infringed. A party cannot bring a claim before the CCB seeking more than $30,000 in total damages. In federal court, in contrast, overall damages are not capped, and statutory damages can reach $150,000 for each work infringed. Additionally, when a claimant files their claim, they can choose a smaller claims track, which is an even more streamlined form of CCB proceeding, available where a claimant seeks no more than $5,000.
   • CCB procedures are streamlined and conducted online. CCB proceedings generally cost less and take less of your time than federal court lawsuits. Participants in CCB proceedings are required to provide more limited documents and information, as opposed to the more complicated and costly process of exchanging evidence and taking depositions or sending subpoenasA formal legal document that commands a person to appear in court or a legal proceeding to give testimony or produce documents available in federal lawsuits. CCB conferences and hearings are held remotely through video conferences.
   • The CCB may not be the best option for complex cases. If you believe that your defense will involve complicated facts or evidence beyond the limited key documents and information that is exchanged in CCB proceedings, or you believe that there are necessary witnesses or documents you would only be able to get through a subpoenaA formal legal document that commands a person to appear in court or a legal proceeding to give testimony or produce documents, the CCB may not be the best option for you.

   For more information about the differences between the CCB and federal court you can review the Opting Out (PDF) chapter of the CCB Handbook.

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4. 4

   Pick Your Path

   You have two options:

   1. 

      Opt out: If you do not want to participate in the proceeding, you must opt out using the code provided in the notice you were served during the sixty-day opt-out period, as described below. You do not need to provide a reason for opting out.

      If you decide to opt out, there are two ways to do so: online or by mail. Using the online system is the most secure and quickest way to make sure that the CCB receives your opt-out before the deadline. Unlike the online opt-out, which is effective immediately and can be processed, a mail opt-out can take months to reach the CCB for processing. Opting out online through eCCB, the CCB’s electronic filing and case management system, is fast and easy. Opting out online also gives you an immediate email confirmation. You do not need to register for eCCB to opt out.

      Opt Out Online

      Mail Opt-Out Form to CCB

      You can fill out the paper opt-out form that was included with the materials you received when you were served with the initial notice and claim.

      When you have filled out your paper opt-out form, you can mail it to the CCB at the address on the form, either by first-class mail through the U.S. Postal Service or through a third-party commercial carrier. A paper opt-out form must be postmarked or dispatched by a commercial carrier no later than the sixty-day deadline.

   2. 

      Participate: If you want to participate in the CCB proceeding, no further action is needed during the opt-out period. The proceeding will become active and move forward after the sixty days expire, at which time you will receive further notices from the CCB.

   Do you need more time?

   If you need more time, let the CCB know before the deadline to re-engage has expired. The CCB will consider your request and either provide you with more time or move forward with the default process. Whether or not the CCB grants requests for more time is within the CCB’s discretion.