Capital One Telephone Consumer Protection Act Litigation

CCAF’s client objected to a fee request where class counsel sought 30% of the $75.4 million settlement fund in a lightly-litigated Telephone Consumer Protection Act case.

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.

The district court reduced class counsel’s fees by $6.9 million. CCAF appealed, arguing that even this reduction overcompensated class counsel under Seventh Circuit law, but later voluntarily dismissed when CCAF’s client decided not to continue with the appeal.