It costs $0 to file a 401(k) fee class action claim as a class member. A 401(k) fee class action claim is a request for a share of a settlement over allegedly excessive fees in a workplace 401(k) plan, and legitimate administrators never charge to submit it.
That distinction matters. Claiming a share of an existing settlement is free. Starting a brand-new federal lawsuit is a separate act with its own court cost.
Official resources:
- Read the official notice from FTC — Use this primary source to verify the official announcement.
- Read the official notice from Uscourts — Use this primary source to verify the official announcement.
Table of Contents
- Do current participants need to file?
- What if you already left the job?
- How much does it cost to start a new case?
- What comes out of the settlement fund?
- How do you avoid paying a scam fee?
Do current participants need to file?
Current participants in many settlements do nothing to get paid. The Federal Trade Commission states that filing as a class member costs nothing and administrators never charge an activation, processing, or release fee, according to FTC refund information.
Payment is often automatic. The National Association of Plan Advisors reported in December 2025 that current participants can receive shares calculated from plan records and deposited to plan accounts, with no claim form, according to National Association of Plan Advisors reporting on the Nvidia settlement.
What if you already left the job?
Former workers with no active account may need to act. They sometimes must return a short Former Participant Claim Form or choose a rollover to receive a check.
That filing is still free. The form tells the administrator where to send the money when plan records no longer link to an active balance.
How much does it cost to start a new case?
Filing a claim is different from filing a new federal civil class action. The U.S.
District Court for the Eastern District of Oklahoma lists a $405 civil filing charge as of January 1, 2026, made up of a $350 statutory fee plus a $55 administrative fee, according to the court fee schedule. Most 401(k) participants never pay that charge directly. Plaintiff firms typically advance court costs and handle excessive-fee cases on contingency, advertising no cost to inquire and no fee unless they recover, as MKLLC Law states on its case page.
What comes out of the settlement fund?
Court-approved lawyers' fees come off the top before money reaches participants. Those fees commonly take about one-third of the fund.
One $1.8 million 401(k) deal sought $600,000 in fees plus costs and $7,500 awards for each named plaintiff, as reported by the National Association of Plan Advisors in November 2025, according to National Association of Plan Advisors coverage of the $1.8 million settlement. Trade reports place the usual ERISA counsel cut at 25 to 30 percent or about one-third, so participants net less than the headline amount.
How do you avoid paying a scam fee?
Use only the court-appointed administrator portal named in the settlement notice. Never pay a third-party filing service to submit or unlock a 401(k) settlement claim.
The Federal Trade Commission treats any demand for payment to receive a refund as a fraud signal. Watch for these warnings:.
- a request for an activation, processing, or release fee
- a service that charges to file a free claim form
- a link or portal different from the official settlement notice