Consumer Class Actions: 7.3.3.5 Attorney Fees and Costs
A tender that is either intentionally or carelessly ambiguous as to whether costs and attorney fees are being provided may be rejected without risk of adverse consequences, meaning it will not moot a case. Some offers of judgment set out a specific amount being tendered for costs and fees. These can also be rejected if the amount does not cover at least the accrued costs and fees for the individual plaintiff.