Wilkins v HSBC Bank Nevada NA et al

Case # 14-cv-00190
Case Name Wilkins v HSBC Bank Nevada NA et al
Jurisdiction US District Court for N.D. IL
Summary

Plaintiffs allege that HSBC Bank and HSBC Card regularly made unsolicited robo-calls and ignored requests to stop and plaintiffs’ presence on Do Not Call lists. They allege that this is in violation of the Telephone Consumer Protection Act (TCPA).

Class members: All people who received a non-emergency robo-call from HSBC to their cellular telephone between May 31, 2008 and May 1, 2012 without express consent.

Final Approval Date 03/17/2015
Result
  1. All objections were deemed to be not well founded and were overruled.
  2. Objectors Dawn Weaver (through Attorney Joseph Darrell Palmer), Kelley Casey and Antonia Carrasco (through Attorneys Peter F. Higgins and Christopher A. Bandas), Richard Mastardno Sr. (through Attorney Sam P. Cannata), and Erich B. Neumann (pro se) appealed the Final Approval.
  3. Appeals were dismissed by the parties.
Dismissal of Last Appeal 04/22/2015
Attachments Class Action Complaint.pdf
Order Conditionally Certifying Class.pdf
Plaintiff's Response to Objections.pdf
Defendant's Response to Objections.pdf
Final Judgement.pdf
Dismissal of Appeal.pdf
Docket Report.pdf
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Objection of Kelley Casey, Antonia Carrasco

Objectors Kelley Casey
Antonia Carrasco
Signers Peter F. Higgins
Attorneys Peter F. Higgins
Christopher A. Bandas
Theodore H. Frank
Summary
  1. Settlement does not compensate class members based on the number of automated calls received
  2. Class counsel's fee is excessive.

Ted Frank had an attorney-client relationship with Bandas in this matter according to an Order entered in the case of Bandas v. Frank.

Attachments Objection of Kelley Casey and Antonia Carrasco.pdf
Appeal of Objectors Kelley Casey and Antonia Carrasco.pdf
Bandas v Frank.zip
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Objection of Dawn Weaver

Objectors Dawn Weaver
Signers Joseph Darrell Palmer
Attorneys Joseph Darrell Palmer
Summary
  1. Compensation to class members is uncertain and low.
  2. Settlement website URL does not include "HSBC", making it difficult to find by internet search.
  3. The identity of the Defendant and released parties is not clarified.
  4. Documents to evaluate the settlement were not provided on the settlement website.
  5. Attorneys' fees are excessive.
  6. Notice and Settlement Administration Expenses are not a class benefit.
Attachments Objection of Dawn Weaver.pdf
Appeal of Objector Dawn Weaver.pdf
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Objection of Erich B. Neumann

Objectors Erich B. Neumann
Signers Erich B. Neumann
Attorneys Erich B. Neumann
Summary
  1. Attorneys' fees are excessive and were inflated by "fee-forum-shopping."
  2. Class notice does not provide addresses for the court and for attorneys for objectors to mail objection letters.
  3. Class member relief is inadequate.
Attachments Objection of Erich Neumann.pdf
Appeal of Objector Erich Neumann.pdf
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Objection of Jeffrey T. Collins

Objectors Jeffrey T. Collins
Signers Jeffrey T. Collins
Attorneys
Summary
  1. Attorneys' fees are excessive.
Attachments Objection of Jeffrey T. Collins.pdf
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Objection of Kynesha Staten

Objectors Kynesha Staten
Signers Kynesha Staten
Attorneys
Summary
  1. Objector believes she is individually entitled to a larger portion of the settlement.
Attachments Objection of Kynesha Staten.pdf
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Objection of Laura Fortman

Objectors Laura Fortman
Signers Jonathan E. Fortman
Attorneys Jonathan E. Fortman
Steve A. Miller
John C. Kress
Summary
  1. Attorneys' fees make up an excessive portion of the settlement amount.
  2. "Clear sailing" provisions lead to excessive attorneys' fees.
  3. Attorneys' fees were calculated using methodology not available to class members.
  4. Settlement is unfair in that it does not compensate class members for multiple violations.
  5. Release language in settlement agreement unfairly prevents class members from pursuing other litigation against the defendants.
Attachments Objection of Laura Fortman.pdf
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Objection of Richard Mastnardo Sr.

Objectors Richard Mastnardo Sr.
Signers Richard Mastnardo Sr.
Attorneys Sam P. Cannata
Summary
  1. Attorneys' fees are excessive.
Attachments Objection of Richard Mastnardo.pdf
Appeal of Objector Richard Mastnardo.pdf
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