2nd Circuit: Access Codes Are Coupons; Incentive Payments Not Per Se Unlawful

Mealey's (August 30, 2023, 9:45 AM EDT) -- NEW YORK — A trial court employed the wrong legal standard when it approved a settlement between The New York Times and subscribers in a case over auto renewals and erred in finding that the access codes provided as part of the settlement were not coupons under the Class Action Fairness Act (CAFA), a Second Circuit U.S. Court of Appeals panel ruled; however, the appellate panel reiterated its holding in Melito v. Experian Marketing Solutions, Inc. and ruled “that incentive awards are not per se unlawful.”...