Consumer Privacy Cases

Introduction

Appellants in this action are objectors to a class action settlement. They maintain that class members were not given adequate notice of the settlement, that the settlement was not fair, reasonable and adequate, and that the court erred in approving attorney fees to class counsel. We conclude the court did not abuse its discretion, and affirm.

Procedural and Factual Background

This case originated in 1999 as a suit against Bank of America, N.A., and related entities (Bank) by the Utility Consumers’ Action Network (UCAN) acting on behalf of its affiliate, the Privacy Rights Clearinghouse. The case was coordinated with two similar actions against Bank, Slayton v. Bank of America NT& SA, and Asatryan v. Bank of America NT & SA, and assigned to the Honorable Richard Kramer as the coordination trial judge. A consolidated class action complaint was filed on April 30, 2003, pursuant to court order, with named plaintiffs Donovan Collier, Juan Duron, Terry Wolbert, Ki Won Rhee, Do Young Cho and Frank Cho.

The complaint alleged causes of action for unlawful and fraudulent business practices, false or misleading advertising, invasion of privacy in violation of the…