Hoffman v. Bank of America NA

Plaintiffs allege that Bank of America routinely recorded calls between itself and consumers, without disclosing the calls were being recorded or receiving consent from the consumer to record the calls. Bank of America created an invasion of privacy by doing so, in violation of the California Penal Code (the Invasion of Privacy Act).

1. Final Approval granted.
2. Objector House withdrew her objection, after securing an extension of the claims period, a fee award of $35,000 for Attorney Palmer, and an incentive award of $500 for herself. 

1. Monetary relief available to the class is inadequate, compared to statutorily allowable damages.
2. Notice plan is inadequate, since it does not provide direct notice to Bank of America customers.
3. Contemplating both that the advertising notice plan is too expensive and that no expense should be spared in providing direct notice.
4. Settlement is not large enough to have a material impact on Bank of America.
5. Attorneys' fees are excessive.
6. Class representative award is excessive.
7. Conflict of interest may exist due to previous working relationships between Class Counsel and Defendants' Counsel.
8. Conflict of interest may exist due to previous relationship between Class Counsel and Class Representative.

Class Counsel held a mediation session with Attorney Palmer regarding his objection. As a result of this mediation, the Claims Period was extended (an issue that was not raised in any of the House filings). Class Counsel also agreed to pay Attorney Palmer $35,000 for his supposed improvements to the settlement, as well as shifting $500 of the class representative award from Hoffman to Objector House.