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In re Collecto, Inc., Telephone Consumer Protection Act (TCPA) Litigation

United States District Court, D. Massachusetts

January 18, 2018

IN RE COLLECTO, INC. TELEPHONE CONSUMER PROTECTION ACT TCPA LITIGATION

          FINAL APPROVAL ORDER AND FINAL JUDGMENT

          Honorable Kichard G. Steams United Stated District Court Judge.

         THIS MATTER came before the Court on Representative Plaintiffs' motion for final approval of the proposed class settlement (the "Settlement") and Class Counsel's application for attorneys' fees, costs and expenses, and for Service Awards for the Representative Plaintiffs. The Court has considered all papers filed and proceedings in this matter and is fully informed regarding the facts surrounding the proposed Settlement. Based upon this information, the Court has determined to approve the proposed Settlement as fair, reasonable, and adequate. The Court hereby enters this Settlement Order and Final Judgment ("Final Judgment"), which constitutes a final adjudication on the merits of all claims of the Settlement Class.

         On August 10, 2017, this Court granted preliminary approval to the proposed Settlement between Representative Plaintiffs and Collecto, Inc. (collectively, "Defendant"). The proposed Settlement resolves all of the Settlement Class's claims against Defendant in exchange for Defendant's agreement to provide certain monetary relief to Settlement Class Members as set forth in the Agreement. On January 17, 2018, this Court held a Settlement Hearing to consider whether to grant final approval to the Settlement and to consider Class Counsel's application for an award of attorneys' fees and costs ("Fee Application"), and Service Award to the Representative Plaintiffs. The Court heard argument from counsel. No objectors were present.

         Having read, reviewed and considered the papers filed in support of and in opposition to final approval of the Settlement, including supporting declarations; oral arguments of counsel and presentations by members of the Class who appeared at the hearing; Class Counsel's Fee Application and request for Service Awards; the Motion for Final Approval of the Class Action Settlement; the Agreement; and the pleadings, the Court finds and concludes as follows:

         1. Definitions.

         The definitions and provisions of the Settlement Agreement and Release of Claims (the "Agreement") are incorporated in this Final Judgment as though fully set forth herein.

         2. Jurisdiction.

         This Court has jurisdiction over the subject matter of the Agreement with respect to and over all parties to the Agreement, including Representative Plaintiffs and all members of the Settlement Class.

         3. Settlement Approval.

         The Court hereby grants final approval to the Settlement and finds the non-reversionary $3.2 million settlement is, in all respects, fair, reasonable, and adequate, and in the best interests of the Settlement Class. The Court finds the Settlement is within the authority of the parties and the result of extensive arm's length negotiations with the guidance of an experienced mediator.

         4. Class Certification.

         This Court confirms the proposed Settlement Class satisfies the requirements of Fed.R.Civ.P. 23, as found in the Court's Order Granting Preliminary Approval of Class Action Settlement ("Preliminary Approval Order"). Accordingly, this Court makes final the conditional class certification set forth in the Preliminary Approval Order.

         5. Objections and Opt-Outs.

         Counsel have informed the court that there were no objections to the proposed settlement, and no objectors were present for the Final Settlement Hearing. Counsel have informed the court that there is one (1) opt-out, and lead plaintiffs counsel will file with the court a completed list of any persons or ...


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