IANAL, but the exact language from the complaint was:

>WHEREFORE, Plaintiff, individually and on behalf of the Class, respectfully requests that this Court:

>...

>Award compensatory, statutory, and/or restitutionary damages, as applicable, in an amount to be determined at trial and that the aggregate amount in controversy across the whole class exceeds $5,000,000;

it doesn't say that the damages are capped at 5M, only that they're asking for at least 5M.