Benefit scheme users urge the 5th Circ. To assert class in an ERISA suit

By Grace Elletson (August 25, 2022, 9:20 p.m. EDT) — Three benefits plan participants urged a Fifth Circuit panel on Thursday to reject an offer from a group of benefits providers to rescind the certification of class in their lawsuit alleging excessive fees, arguing that more than 200,000 proposed class members were subjected to the same predatory policies.

Although class members may have used different Fringe Benefit Group, Fringe Insurance Benefits Inc. and Plan Benefit Services Inc. benefit plans under different employers, they were subject to the same policies that led to violations of the Employees Retirement Income Security Act, the participants told the appeal committee.

“A class-wide determination of key responsibility…

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