Consumer Class Actions: 15.2.12 Eleventh Circuit
The Eleventh Circuit has articulated six “fairness” factors: (1) the existence of fraud or collusion behind the settlement; (2) the complexity, expense, and likely duration of the litigation; (3) the stage of the proceedings and the amount of discovery; (4) the probability of the plaintiff’s success on the merits; (5) the range of possible recovery; and (6) the opinions of the class counsel and representative, and the substance and amount of opposition to the settlement.92