United States Seventh Circuit

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Mirfasihi v. Fleet Mortgage Corp., 07-3402

District court properly approved settlement of class action involving claims brought by customers against mortgage company who sold their personal information to telemarketers, even though the settlement provided no payment to members of a sub-class consisting of customers who did not purchase anything from telemarketers to whom customers' information was sold. The state law claims of that sub-class were worthless, any claims they belatedly asserted under the Fair Credit Reporting Act were frivolous, and attorneys for objectors were not entitled to additional attorneys' fees because they provided little or no benefit to the sub-class.

Appellate Information

  • Argued 12/04/2008
  • Decided 12/30/2008
  • Published 12/30/2008

Judges

  • POSNER, Circuit Judge., Before BAUER, POSNER, and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • John P. Zavez, Adkins, Kelston & Zavez, Boston, MA, Tony Kim, Schad, Diamond & Shedden, Chicago, IL, for Objectors-Appellants.

  • For Appellees:
  • Jon W. Borderud, Borderud Law Group, Los Angeles, CA, Clifford A. Cantor, Sammamish, WA, for Plaintiff-Appellee., Christina M. Tchen, Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Defendant-Appellee.