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Class Action › Coupons

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Kilpatrick

When is a coupon not a coupon under section 1712(e) of CAFA?

Kilpatrick on

Takeaway: The law surrounding “coupon” settlements under 28 U.S.C. § 1712 of the Class Action Fairness Act (“CAFA”) continues to evolve. Under section 1712(e), courts must: (1) apply “heightened scrutiny” when approving...more

McDermott Will & Emery

Pennsylvania Supreme Court Rules Coupon Amounts Are Not Subtracted from Sales Tax Base Unless Sales Receipt Adequately Describes...

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Overturning a 6-1 en banc decision by the Pennsylvania Commonwealth Court, the Pennsylvania Supreme Court held that a coupon does not reduce the price upon which sales tax must be collected unless the coupon is adequately...more

Holland & Knight LLP

Ninth Circuit Affirms That Class Action Settlement Was Not a "Coupon Settlement"

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The U.S. Court of Appeals for the Ninth Circuit in McKnight v. Hinojosa, No. 21-16623, 2022 WL 17333820 (9th Cir. Nov. 30, 2022) considered whether the proposed class action settlement was a "coupon settlement" and therefore...more

Pillsbury Winthrop Shaw Pittman LLP

Ninth Circuit Raises Fee Award Hurdle in Coupon Class Action Settlements

Pillsbury Winthrop Shaw Pittman LLP on

Ninth Circuit decision prohibits use of lodestar-only methodology to calculate a fee award for class action settlements involving coupons. The decision contemplates coupon class action settlements where coupons are...more

Kelley Drye & Warren LLP

The Justice Department Really Doesn’t Like Coupon Settlements (But They Still Can Work)

Kelley Drye & Warren LLP on

It’s no secret that the Justice Department and state Attorneys General don’t like coupon settlements in class actions. Since 2007, groups of state AGs have been objecting regularly to coupon settlements that would force...more

Sheppard Mullin Richter & Hampton LLP

Are credits coupons? The Ninth Circuit Says Yes in Calculating Total Value of Class Action Settlements

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Companies may be inclined to offer “coupons” or similar benefits to settle consumer class actions. While offering coupons is permissible, in In re Easysaver Rewards Litigation, No. 16-56307, 2018 U.S. App. LEXIS 28000 (9th...more

Kelley Drye & Warren LLP

Casino Patron Out of Luck On Her New Jersey TCCWNA Claim

Kelley Drye & Warren LLP on

The mid-level New Jersey appellate court issued an important decision last week under the state’s Truth-in-Consumer Contract and Warranty Notification Act (“TCCWNA”). The biggest TCCWNA issues, including to what extent the...more

Seyfarth Shaw LLP

Seventh Circuit Provides Guidance On Fairness Of Class Action Settlement Agreements And Fee Awards

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In In Re Southwest Airlines Voucher Litigation, Case No. 13-3264 (7th Cir. Aug. 20, 2015), the U.S. Court of Appeals for the Seventh Circuit upheld a fee award to class counsel in a class action that resulted in a “coupon...more

Faegre Drinker Biddle & Reath LLP

Seller Beware: Collecting Sales Tax When Coupons Are Involved Is Not So Cut and Dried

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If you are a retailer or a business that accepts or issues coupons, a slew of class action lawsuits should have you double-checking your sales tax collection practices. Recent lawsuits filed by consumers have accused...more

McDermott Will & Emery

Illinois Retailers Beware: Class Action Complaint Filed Against Grocer for Collecting Illinois Sales Tax on Manufacturers’ Coupons...

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A class action complaint was filed in federal court last week against New Albertson’s, Inc. the operator of the Jewel-Osco grocery chain, alleging failure to deduct manufacturers’ coupons from the tax base on which sales tax...more

Gray Reed

You’ve Looked At My Site And Now You Have Waived Your Right To Sue Me. Is That Legal?

Gray Reed on

I’ll admit, General Mills did not go that far. What they did, according to The New York Times was notify customers that if they downloaded a coupon, joined a forum or entered a sweepstakes, the customer would waive their...more

Carlton Fields

In re: HP Inkjet Printer Litigation: Ninth Circuit Reverses And Remands Hewlett-Packard Coupon Settlement

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In In re: HP Inkjet Printer Litigation, Case No. C05-3580-JF, 2013 WL 1986396 (9th Cir. May 15, 2013), the Ninth Circuit recently held that attorney fee awards in class settlements involving coupons must be “attributable to”...more

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