Reduction of Capital One TCPA Fee Award Based on Empirical Class Settlement Data

A host of data on attorneys’ fees in other class action settlements, including an analysis of more than 70 fee awards in recent Telephone Consumer Protection Act deals, was used by the Northern District of Illinois in its recent determination that class counsel involved in the $75 million Capital One TCPA settlement had asked for way too much in fees (In re Capital One Tel. Consumer Prot. Act Litig. (Amadeck v. Capital One Fin. Corp.), 2015 BL 36710, N.D. Ill., 12-10064, MDL No. 2416, final settlement approved 2/12/15).

Plaintiffs’ attorneys had requested $22.6 million in fees, which ...