A federal court lacks subject matter jurisdiction over a class action under the Magnuson-Moss Warranty Act unless the complaint names 100 class members.  (Floyd v. American Honda Motor Co. (9th Cir, 2020) 966 F.3d 1027.)  Similarly, a federal court lacks subject matter jurisdiction over an MMWA case unless no claim in the amount in controversy on each claim exceeds $25 and the total amount in controversy on all claims exceeds $50,000 exclusive of interest and costs.  Splitting with four other circuits, this decision holds that attorney fees are not interest or costs, and thus may be counted toward the $50,000 amount in controversy threshold.  However, since the MMWA, itself, does not provide for attorney fee awards to the prevailing party, attorney fees may be included only if a state law claim alleged in the complaint allows recovery of attorney fees under state law.  Here, Michigan law applied to plaintiff’s state-law claims.  It did not allow attorney fee recovery in a class action.  So, plaintiff could not recover fees in this putative class action.  As plaintiff’s damages were well under $50,000, the federal court lacked subject matter jurisdiction over his MMWA claim–even though it had CAFA jurisdiction over his state law claims, which were dismissed on the merits for other reasons.