My fellow class action blogger Paul Karlsgodt did a great post last week on “Voluntary Refund Programs as a Class Action Defense Strategy.” Paul discusses an article recently published by law professor Eric Voigt on the use of voluntary refund programs to prevent and defend against class actions. If you have a very good memory of what I’ve written on this blog, you might remember that I did a blog post back on September 16, 2011 about Prof. Voigt’s draft of this article. Prof. Voigt argues that, contrary to what some courts have concluded, voluntary refund programs should be considered in analyzing superiority, that is, determining whether a class action is superior to other available methods for adjudicating the controversy, as provided for in Fed. R. Civ. P. 23(b)(3). Prof. Voigt explains how a court’s consideration of a voluntary refund program is consistent with the original intent behind the Rule 23 superiority requirement. Prof. Voigt also makes some suggestions about how a voluntary refund program might be constructed in order to prevent or avoid a class action. As Paul Karlsgodt notes, “Voigt’s article is one of the first I have seen addressing this issue in detail, and I highly recommend it to practitioners, academics, judges, and policymakers alike.” I second that.