Starkist, Kohl’s ‘Coupon’ Settlements Likely to Survive

A trio of consumer class cases argued at the U.S. Court of Appeals for the Ninth Circuit May 17 show that whether a settlement qualifies as a generally disfavored “coupon settlement” is in the eye of the beholder.

Judge N. Randy Smith cursed whoever assigned his panel so many coupon cases in the same day. “I’m going to give them the business!” he said. “Why are you beating us up with these?”

Settlements that only give consumers coupons are subject to restrictions under the Class Action Fairness Act. Coupons are considered questionable because they require consumers to do more business ...