In re Tracfone Unlimited Service Plan Litigation

Good Law
112 F. Supp. 3d 993·2015 WL 4051882·92 Fed. R. Serv. 3d 127·2015 U.S. Dist. LEXIS 86719
United States District Court, Northern District of CaliforniaJuly 2, 2015No. C-13-3440 EMCCalifornia7,962 words

Opinion

Lead Opinion

Chen, J.

ORDER (1) GRANTING MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT; AND (2) GRANTING MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND REPRESENTATIVE SERVICE AWARDS

I. INTRODUCTION

Class Plaintiffs filed four consolidated class actions against Defendant TracFone Wireless, alleging that TracFone sold “unlimited” data plans that were not, in fact, unlimited. Rather, when TracFone’s customers exceeded certain data usage caps, TracFone would throttle 1 or suspend those customers’ data service altogether, or even terminate their phone services entirely. Plaintiffs claim this behavior violated numerous laws, including California’s Unfair Competition Law (UCL), its Consumer Legal Remedies Act (CLRA), Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA), as well as numerous common-law proscriptions. The Federal Trade Commission (FTC) also alleges that TracFone’s advertising of its “unlimited” data plans was deceptive, and filed a sepa *997 rate enforcement action that has been- related to this case. See Federal Trade Commission v. TracFone Wireless, Inc., Case No. 15-cv-00392-EMC. TracFone has settled the FTC enforcement action as part of a global resolution of these class…

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