In a recent development, a revised $5.2 million settlement between popular dating app Tinder and its users, who had accused it of age bias, was rejected once again; this time by the Ninth Circuit. The ruling followed the conclusion that the class representative exhibited a potential conflict of interest and failed to exhibit vigorous litigation on behalf of the proposed class before consenting to the agreement.
This verdict reinforces the growing scrutiny cast upon the litigators and their duty to their represented class. A significant point raised by the Ninth Circuit was the apparent lack of fervent litigation displayed by the class representative before coming to terms with the settlement.
The class representative’s conflict of interest was also a concern, suggesting that more rigorous checks and balances may be necessary to ensure the interests of all class members are appropriately represented during settlement negotiations.
For those who wish to delve deeper into the court’s rationale can visit the original case documentation on Law360 to examine the intricacies of the ruling.