Michael Johnson, on behalf of himself and others similarly situated v. Comodo Group, Inc.

Summary

The United States District Court for the District of New Jersey granted Plaintiff Michael Johnson’s unopposed motions for final approval of a class action settlement and for attorneys’ fees, expenses, and an incentive award. The action alleged that Comodo Group, Inc. violated the Telephone Consumer Protection Act by making prerecorded telemarketing calls to cellular telephones without consent. The Court approved a $1,625,000 settlement, a $650,000 attorneys’ fee award, reimbursement of $92,283.46 in expenses, and a $40,000 incentive award.

Holdings

1. The proposed $1,625,000 class action settlement is fair, reasonable, and adequate under Federal Rule of Civil Procedure 23(e)(2), and final approval is granted.
2. The notice and claims process adequately facilitated legitimate claims, and allocating settlement payments according to the number of qualifying prerecorded calls treated class members equitably.
3. The court approved $650,000 in attorneys' fees and $92,283.46 in litigation expenses.
4. The court approved a $40,000 incentive award to Johnson.

Questions Presented

1. Whether the proposed class action settlement was fair, reasonable, and adequate under Federal Rule of Civil Procedure 23(e)(2) and the applicable Girsh factors.
2. Whether the requested attorneys' fee award of $650,000, reimbursement of $92,283.46 in expenses, and $40,000 incentive award were reasonable and should be approved.
3. Whether the proposed claims process and distribution method treated class members equitably relative to one another.

Disposition

approved