LONDON, Feb 19 (Reuters) - Mastercard's ( MA ) agreement
to settle a landmark lawsuit brought on behalf of British
consumers drew criticism on Wednesday, in a dispute that could
deter funders from involvement in Britain's burgeoning class
action sector.
The global payments processor in December announced an
agreement to settle long-running litigation over card fees for
200 million pounds, far below the 10 billion-pound ($12.6
billion) valuation previously put on the lawsuit.
This means that, in the unlikely event that every member of
the 44 million-strong claimant class sought payment, they would
receive roughly 2.27 pounds each.
The deal is being opposed by funder Innsworth Capital that
stands to receive half of the settlement sum, with the other 100
million pounds going to consumers.
The Competition Appeal Tribunal in London must now rule on
the first contested settlement in the short history of Britain's
class action-style regime.
Uncertainty was already hanging over the sector after a 2023
Supreme Court ruling rendered many funding agreements void.
In another test for funders, the Court of Appeal is due to
consider the lawfulness of agreements to fund cases against
Apple and Sony later this year.
Innsworth says it spent more than 45 million pounds funding
the litigation against Mastercard ( MA ) and that the deal, under which
it will receive its costs plus 55 million pounds, is "clearly
unfair".
But consumer champion Walter Merricks, who led the case,
and Mastercard ( MA ) say economic analysts value the claim at below
200 million pounds, after adverse rulings knocked out the vast
majority of the lawsuit.