To address perceived abuses in class action settlements, Congress enacted rules in CAFA that govern the award of attorneys’ fees in coupon settlements. In In re HP Inkjet Printer Litigation, No. 11-16097 (9th Cir. May 15, 2013), a class settlement provided for coupon relief. Class counsel requested an award of fees calculated based on their lodestar – the total fees they had incurred in the case. Due to the modest settlement and the lengthy proceedings, the fee petition sought a fraction of the fees incurred by class counsel. Counsel had incurred $7 million in fees. Under the settlement, counsel was limited to $2.3 million in fees; the court awarded $1.5 million and approved the settlement. The Ninth Circuit reversed after engaging in a lengthy analysis of CAFA’s fee provisions. The court ruled that where the settlement included coupon relief, as this settlement did, CAFA required the fees of class counsel to be based on the coupons actually redeemed by class members. Because the district court had not analyzed this factual issue, the Ninth Circuit reversed the award of fees, and with it, the settlement. One judge dissented, arguing that CAFA requires consideration of redeemed coupons only where class counsel seek fees based on a percentage of the fund basis. Where, as here, class counsel seek fees based on the lodestar, CAFA does not require an analysis of coupon redemption. The dissent’s position has been adopted by other courts.