Stanley Nader v. Capital One Bank USA NA et al

Case # 12-cv-01265
Case Name Stanley Nader v. Capital One Bank USA NA et al
Jurisdiction US District Court for C.D. CA
Summary

Plaintiffs allege that Defendants recorded telephone conversations, without advising callers that the calls were being recorded. This recording was in violation of California's Invasion of Privacy Act, California Penal Code Section 630, which explicitly prohibits secret recording of telephone conversations. 

Final Approval Date 11/17/2014
Result
  1. No objectors or counsel for objectors appeared at the Fairness Hearing.
  2. Court reduced the awards for Class Representatives, while noting that the Court was not assisted in this matter by the objectors.
  3. All other objections were dismissed.
  4. Objector Chuck Congdon (through Attorney Matthew Kurilich), Objector Kevin E. King (in pro per), and Objector Michelle Melton (through Attorney Joseph Darrell Palmer) appealed the Final Approval.
  5. All appeals were voluntarily dismissed.
Dismissal of Last Appeal 06/11/2016
Attachments First Amended Consolidated Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiff's Response to Objections.pdf
Transcript of Final Approval Hearing.pdf
Final Approval.pdf
Docket Report.pdf
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Objection of Chuck Congdon

Objectors Chuck Congdon
Signers Chuck Congdon
Matthew Kurilich
Attorneys Matthew Kurilich
Summary
  1. Settlement is unfair in that Capital One paid a de minimis amount for their wrong-doing and it does not address future behavior with respect to these violations.
  2. Cy pres award does not go to a worthy recipient, because the named recipient (Berkman Center for Internet and Society) is not a consumer watchdog.
  3. Class notice does not contain adequate information to evaluate the settlement.
  4. Deadline to opt out is before the deadline to object, which forces class members to decide whether or not to opt out without being able to read all objections.
  5. Attorneys' fees are excessive.
Attachments Objection of Chuck Congdon.pdf
Appeal of Objector Chuck Congdon.pdf
Dismissal of Congdon Appeal.pdf
Congdon Appeal Docket.pdf
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Objection of Kevin E. King

Objectors Kevin E. King
Signers Kevin E. King
Attorneys
Summary
  1. Objector was denied his right to join the lawsuit.
Attachments Objection of Kevin E. King.pdf
Appeal of Objector Kevin E. King.pdf
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Objection of Michelle Melton

Objectors Michelle Melton
Signers Joseph Darrell Palmer
Attorneys Joseph Darrell Palmer
Summary
  1. Class certification may not be appropriate, since certain precedents have held that they are not an appropriate venue for consumer privacy violations.
  2. Notice is insufficient in that it does not advise class members of the size of the claims they are releasing. It also does not notify class members of their potential recovery by filing a claim.
  3. Notice was not translated into Spanish, potentially disadvantaging many class members.
  4. Procedures for objecting are intentionally misleading to trip up potential objectors.
  5. Settlement payments may be directed towards the payment of class members' outstanding debt with Capital One, at the sole discretion of the Defendant.
  6. Cy pres awards benefit third parties, instead of class members.
  7. Class representative awards are excessive.
  8. Attorneys' fees are excessive.
Attachments Objection of Michelle Melton.pdf
Appeal of Objector Michelle Melton.pdf
Dismissal of Melton Appeal.pdf
Melton Appeal Docket.pdf
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