Romero v. Provide Commerce, Inc.

(United States Ninth Circuit) – Vacated an award of attorney fees but otherwise affirmed the district court’s approval of a class action settlement resolving claims that an online retailer enrolled consumers in a membership rewards program without their consent and mishandled their billing information. Held that the district court should not have counted the full face value of $20 coupons provided to class members when it performed the percentage-of-recovery and lodestar calculations.