In Berry v. Schulman, 807 F.3d 600 (4th Cir. 2015) (Nos. 14-2006, 14-2050, 14-2101), plaintiffs challenged LexisNexis’s sale of personal data to debt collectors. Plaintiffs alleged Lexis failed to comply with the Fair Credit Reporting Act, which permits aggrieved parties to recover actual damages or statutory damages. Lexis denied it violated the FCRA. Ultimately, the parties reached a settlement under which Lexis would make changes to its product offerings and class members released their statutory damage claims, while retaining their actual damage claims. The court certified a class under Fed. R. Civ. P. 23(b)(2), which permits a mandatory class (no right to opt out) for claims involving declaratory or injunctive relief, relying on Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011). In Dukes, the Supreme Court explained that a mandatory class may be certified under Rule 23(b)(2) because a declaratory or injunctive claim is indivisible – the relief is common to all. The Dukes Court also held that a 23(b)(2) class could recover damage claims “incidental” to the declaratory or injunctive claim. Here, objectors complained that the class’s statutory damage claims were not “incidental,” and therefore a Rule 23(b)(2) class could not be certified. The Fourth Circuit rejected this argument and upheld the settlement. The settlement afforded indivisible injunctive relief benefitting all members of the class. The released statutory damage claims flowed directly from liability to the class as a whole, and were based on the facts justifying injunctive relief. As a result, the settlement complied with Rule 23(b)(2). The Fourth Circuit rejected the argument that due process required class members to be given the right to opt out because any monetary claims incidental to the injunctive relief were recoverable. The court also upheld the district court’s approval of a $5.33 million fee to class counsel.