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In the Matter of Mexico Money Transfer Litigation

Citation: 267 F.3d 743Docket: 01-1172, 01-1176

Court: Court of Appeals for the Seventh Circuit; October 29, 2001; Federal Appellate Court

Narrative Opinion Summary

In the Mexico Money Transfer Litigation, class action lawsuits were filed against MoneyGram and Western Union, alleging deceptive advertising regarding fees for wire transfers to Mexico. Plaintiffs claimed the advertised $15 fee omitted a foreign exchange rate markup, significantly profiting the defendants. The plaintiffs sought damages under RICO and state anti-fraud laws. The defendants argued they disclosed the delivered pesos and resisted cash relief. The case settled with commitments for future transparency, coupons for class members, and cy pres relief, totaling significant value. Objections challenged class certification and settlement adequacy, citing venue issues and the desirability of cash compensation. The district court approved the settlement, finding it met Rule 23 requirements and adequately compensated the class relative to the claims' worth. The court noted that California statutes did not substantiate the plaintiffs' claims for higher compensation. Ultimately, the settlement was upheld as fair, with the court affirming its validity and the lack of fraud in the transactions.

Legal Issues Addressed

Adequacy of Settlement Compensation

Application: The court evaluated the settlement's adequacy and determined that the combination of coupons, cy pres relief, and prospective relief was fair given the claims' limited merit.

Reasoning: The court concludes that the claims are worth less than $40 million, including cy pres relief and the injunction's value, viewing the claims as largely nuisance claims with minimal actual worth.

Application of California Financial Code

Application: The court determined that the cited California statute does not provide a basis for the plaintiffs' claims regarding foreign exchange rate disclosures.

Reasoning: The California Department of Financial Institutions has not enforced any requirement for intermediaries to disclose foreign exchange spreads.

Class Action Settlement Approval

Application: The district court approved the settlement agreement, finding it met the requirements for class action settlements and provided fair compensation given the claims' value.

Reasoning: The district court approved the settlement after a hearing.

Class Certification under Rule 23

Application: The court found that the class met Rule 23(a) requirements and Rule 23(b)(3) standards, ensuring that class certification was appropriate despite objections.

Reasoning: The district court found that the class met Rule 23(a) requirements—numerosity, commonality, typicality, and adequacy of representation—as well as Rule 23(b)(3) standards—predominance of common issues and superiority of class action.

RICO and Jurisdictional Authority

Application: The court held that RICO permits nationwide service of process, thereby supporting the federal court's jurisdiction over the class action.

Reasoning: They fail to recognize that RICO allows for nationwide service of process, which legitimizes the court's jurisdiction.