An up to $38 million settlement resolving alleged automatic enrollment of online consumers in a rewards program is headed back to district court after the Ninth Circuit remanded for further proceedings in light of its recent ruling in a DVD case involving Netflix (In re Easysaver Rewards Litig. (Romero v. Perryman), 2015 BL 75023, 9th Cir., 13-55373, unpublished 3/19/15).

In a March 19 unpublished order, the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s final approval of the settlement.

The district court applied the rigorous scrutiny required by the Class Action Fairness Act...