A district court judge in Alabama recently awarded attorneys’ fees in the amount of $8.75 million in a TCPA class action brought against a domain registration and web hosting services company. The company was alleged to have violated the TCPA by sending telemarketing phone calls and text messages without plaintiffs’ prior written consent. The court reduced class counsel’s requested fee award from 30%, to 25% of the $35 million common fund under the approved settlement.
In the Eleventh Circuit, attorneys’ fees are determined on a case-by-case basis, with 25% viewed as a “benchmark percentage fee award.” The court considered 25% to be a reasonable and appropriate percentage because the issues in the case were not viewed as sophisticated or complex, and the recovery amount for individual plaintiffs was nominal ($35 payment or a $150 voucher with the company).
The case is Susan Drazen v Godaddy.com, No. 1:19-00563-KD-B, (D. Al. August 11, 2020).