In re Capital One Telephone Consumer Protection Act Litigation

Case # 12-cv-10064
Case Name In re Capital One Telephone Consumer Protection Act Litigation
Jurisdiction US District Court for N.D. IL
Summary

Plaintiffs allege that Capital One violated the Telephone Consumer Protection Act by making automated phone calls to the cell phones of class members. Capital One made these calls without the foreknowledge or consent of the recipients. 

Final Approval Date 02/23/2015
Result
  1. Final Approval granted.
  2. Six objectors appealed the Final Approval.
  3. All objections were dismissed by the parties.

NOTE: Documents from the civil case Christopher A. Bandas v. Theodore H. Frank are included below.

This case, and the subsequent fallout between serial objectors Bandas and Frank, were subject to three articles from Reuters, which are linked below.

Dismissal of Last Appeal 06/26/2015
Attachments Corrected Master Class Action Complaint.pdf
Preliminary Approval.pdf
Plaintiffs' Response to Objections.pdf
Final Approval Order.pdf
Appeal Docket.pdf
Dismissal of Outstanding Appeals.pdf
Civil Docket.pdf
Notice of Petition for Restraining Order.pdf
Petition for Restraining Order.pdf
Order Granting Temporary Restraining Order.pdf
Service of Restraining Order.pdf
Dismissal of Suit.pdf
http://blogs.reuters.com/alison-frankel/2015/06/22/exposing-class-action-objectors-lieff-cabraser-ted-frank-in-lurid-dispute/
http://blogs.reuters.com/alison-frankel/2015/06/25/the-ted-frank-interview-i-was-doing-it-for-the-greater-good/
http://blogs.reuters.com/alison-frankel/2015/06/26/lieff-professional-objectors-are-a-scourge-but-settling-isnt-unethical/
Docket Report.pdf
Bandas v Frank.zip
Added to Index
Last Updated

Objection of Krystal L. Nykaza

Objectors Krystal L. Nykaza
Signers John J. Pentz
Attorneys John J. Pentz
Summary
  1. Attorneys' fees are excessive and improperly calculated.
Attachments Objection of Krystal Nykaza.pdf
Added to Index
Last Updated

Objection of Pamela Sweeney

Objectors Pamela Sweeney
Signers Pamela Sweeney
Attorneys
Summary
  1. Attorneys' fees are excessive.

NOTE: This objection was overruled because it was filed late.

Attachments Objection of Pamela Sweeney.pdf
Added to Index
Last Updated

Objection of Rendee Bullard

Objectors Rendee Bullard
Signers Rendee Bullard
Attorneys
Summary
  1. Attorneys' fees are excessive.
  2. Class administration expenses should not count as a benefit to the class.
Attachments Objection of Rendee Bullard.pdf
Added to Index
Last Updated

Objection of Devera R. D. Bartte

Objectors Devera R. D. Bartte
Signers Thomas C. Cronin
Attorneys Thomas C. Cronin
N. Albert Bacharach, Jr.
Summary
  1. Notice is deficient.
  2. Does not inform class members of the size of the class.
  3. Class members are unable to calculate their prospective pro rata share.
  4. Settlement is unfair because it is release-driven, not damages-driven.
  5. Attorneys' fees are excessive.

NOTE: N. Albert Bacharach filed his appearance on the appeal.

Attachments Objection of Devera R.D. Bartte.pdf
Appeal of Objector Bartte.pdf
Bacharach Appearance for Objector-Appellant Bartte.pdf
Dismissal of Appeal of Bartte Objector.pdf
Added to Index
Last Updated

Objection of Stephen Kron

Objectors Stephen Kron
Signers Stephen Kron
Attorneys
Summary
  1. Attorneys' fees are excessive and improperly calculated.
  2. Claims process may depress claims numbers.
  3. Requirement to provide the relevant phone number is burdensome.
  4. Cy pres distribution is improper, in that the recipients are not named.
Attachments Objection of Stephen Kron.pdf
Appeal of Objector Kron.pdf
Dismissal of Appeal of Objector Kron.pdf
Added to Index
Last Updated

Objection of Mary Smith Tweed, Vanessa VanWieren

Objectors Mary Smith Tweed
Vanessa VanWieren
Signers Joseph Darrell Palmer
Attorneys Joseph Darrell Palmer
Summary
  1. Compensation to class members is uncertain and low.
  2. Injunctive relief may be illusory.
  3. Release is overbroad.
  4. Notice may not have reached all potential class members.
  5. Attorneys' fees are excessive and abstrusely calculated.
  6. Settlement administration costs should not be considered a class benefit.
  7. Cy pres beneficiaries should be named.

NOTE: Attorney Palmer filed his appearance on behalf of Objector Tweed for the appeal.

NOTE: Objector VanWieren filed a motion for Attorneys' Fees for Joseph Darrell Palmer, seeking $1,447,308.64. She also sought an incentive award of $2,000 for her role in improving the settlement. This motion was withdrawn in conjunction with the voluntary dismissal of her appeal.

Attachments Objection of Mary Smith Tweed.pdf
Objection of Vanessa VanWieren.pdf
Appeal of Objectors Tweed and VanWieren.pdf
Palmer Appearance for Objector-Appellant Tweed.pdf
Motion by Objector VanWieren for Attorneys' Fees.pdf
Withdrawal of Motion for Attorneys' Fees by Objector VanWieren.pdf
Added to Index
Last Updated

Objection of Jeffrey T. Collins

Objectors Jeffrey T. Collins
Signers Jeffrey T. Collins
Attorneys Megan A. Zmick
Kirstin B. Ives
Melissa Holyoak
Theodore H. Frank
Summary
  1. Class counsel obtained Objector Collins' contact information to send him class notice without his consent.
  2. Attorneys' fees are excessive.
  3. Class representative awards are excessive.

Objector Collins motioned for an award of attorneys' fees of $160,619, as well as a personal incentive award of $1,000. This motion was later withdrawn. The discrepancy between this amount and the amount requested by the Palmer Objectors is what lead Mr. Collins to initially seek to terminate his CCAF attorneys.

Objector Collins accepted a $25,000 payment to withdraw his objection. Upon doing so, the Center for Class Action Fairness attorneys representing him withdrew. See Frank Declaration.

Attachments Objection of Jeffrey Collins.pdf
Supplemental Objection of Jeffrey Collins.pdf
Zmick Appearance for Objector Collins.pdf
Ives Appearance for Objector Collins.pdf
Holyoak Appearance for Objector Collins.pdf
Motion by Objector Collins for Attorneys' Fees.pdf
Appeal of Objector Collins.pdf
Withdrawal of Motion for Attorneys' Fees by Objector Collins.pdf
Dismissal of Appeal of Objector Collins.pdf
Withdrawal as Counsel by CCAF Attorneys for Objector Collins.pdf
Declaration of Theodore Frank Regarding Bandas and Palmer.pdf
Added to Index
Last Updated

Objection of Antonia Carrasco

Objectors Antonia Carrasco
Signers Peter F. Higgins
Attorneys Peter F. Higgins
Christopher A. Bandas
Summary
  1. Settlement does not compensate class members for the number of calls they received.
  2. Attorneys' fees are excessive.

Objector Carrasco and her attorney, Christopher Bandas, received a monetary payment from Class Counsel, likely in the range of $200,000 to drop their appeal. This was disclosed by Ted Frank in his Declaration, attached above. Following this Declaration, Bandas sought and received a restraining order in Nueces County, TX to prevent Frank from revealing any other potentially privileged information.

NOTE: Christopher Bandas filed his appearance on the appeal.

Attachments Objection of Antonia Carrasco.pdf
Appeal of Objector Carrasco.pdf
Bandas Appearance for Objector-Appellant Carrasco.pdf
Dismissal of Appeal of Carrasco Objector.pdf
Added to Index
Last Updated