Capital One TCPA

In re Capital One TCPA Litigation Seventh Circuit appeal

We do not contend that a court can never award such a generous hourly rate. But the Seventh Circuit has “held repeatedly that, when deciding on appropriate fee levels in common-fund cases, courts must do their best to award counsel the market price for legal services, in light of the risk of nonpayment and the normal rate of compensation in the market at the time.” We do not believe a sophisticated arms-length transaction would produce this sort of windfall for these sorts of results, and we have appealed, filing our opening brief Monday. 

<em>In re Capital One TCPA Litigation</em> Seventh Circuit appeal

Capital One Telephone Consumer Protection Act Litigation

CCAF successfully sought discovery from class counsel regarding their lodestar (the actual time class counsel spent on the case) and their track record in other TCPA class actions. Discovery revealed that class counsel was requesting over $5300/hour for this case and was routinely compensated over $1000/hour, win or lose, for so-called "risky" TCPA litigation.

<em>Capital One Telephone Consumer Protection Act Litigation</em>

Judge Gives Preliminary OK to $75.5M Proposed Settlement in TCPA Class Action; Believed to be Largest of Its Kind

“I take no position on whether the size of the settlement fund adequately compensates class members for the value and risk of the litigation,” Frank said. “It does seem like a nuisance settlement, given Capital One's deep pockets, the large potential statutory liability, and the fact that most class members will not receive anything in the absence of a claim, which also militates for a much lower attorney fee. I haven't looked at detail yet whether the notice is acceptable.”

Judge Gives Preliminary OK to $75.5M Proposed Settlement in TCPA Class Action; Believed to be Largest of Its Kind
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