Objectors appeal court's final approval of settlement in class-action fax-blasting suit. Settlement included a common fund of $23 million and attorney fees of over $7.6 million. Direct notice informed potential class members of class action's pendency and opportunity to object to proposed settlement, and it provided website containing notice, preliminary approval order, and proposed settlement. Notice was adequate and satisfied due process requirements. A website containing access to court documents is not necessary to satisfy due process Requiring class members to be present in court at fairness hearing to object to proposed settlement did not violate their due process rights. No evidence that settlement was not product of good-faith, arm's length negotiation, that settlement influenced any action taken by class counsel, or that class counsel breach its fiduciary duty to any class member. No abuse of discretion in court granting attorney fees (total $7.6 million) based on a percentage of common fund. (HUDSON and BIRKETT, concurring.)
Illinois Appellate Court
Civil Court
Class Actions