Knapp
Knapp v. Art.com, Inc.
Opinion
Lead Opinion
Orrick, J.
INTRODUCTION
Plaintiff James Knapp brought this class action against Art.com alleging violations of consumer protection laws and unlawful business practices related to its advertising and pricing methods. Nine months later, the parties reached an agreement and sought to settle the case on a classwide basis. The agreement includes electronically distributing a $10 "voucher" to class members who have not opted out and injunctive relief consisting of a promise to abide by the law and implement a compliance program for at least four years.
Of the nearly 2 million member class, 452 opted out of the settlement. Fourteen filed objections with the court, one of whom appeared through counsel at the final fairness hearing. Having considered the objections and the arguments of counsel, and although I find that the "vouchers" are coupons under the Class Action Fairness Act (CAFA), for the reasons set forth below I also find that the settlement is fair, reasonable, and adequate, and therefore GRANT final approval. I also GRANT in part the motion for attorney's fees and costs with respect to plaintiff's request for costs and class representative's service award. However, I will defer awarding…