LEXOLOGY – The Ninth Circuit Court rejected a $5.2M settlement agreement for the second time in a lawsuit against Tinder. The lawsuit accused Tinder of discrimination by charging users over 29 more for premium services, violating California's civil rights and unfair competition laws. The first settlement of $17.3M in 2021 was also rejected due to concerns about its fairness and potential collusion. The court found two main issues with the latest settlement. First, the plaintiff, Lisa Kim, had a conflict of interest with the class members because she was bound by an arbitration agreement that didn't apply to all class members. This meant she might not represent the interests of all affected users. Secondly, the court felt Kim didn't fight vigorously enough for the class, citing minimal discovery efforts and missed opportunities to make strong legal arguments.
