In Ott v. Mortgage Investors Corporation of Ohio, Inc., 2016 WL 54678, at *1 (D.Or., 2016), Magistrate Judge Stewart approved a class action settlement on largely the following terms:
Plaintiffs filed this class action on April 18, 2014, alleging violations by defendants of the Telephone Consumer Protection Act, 47 USC § 227 et seq (“TCPA”), by means of a nationwide telemarketing scheme targeted at U.S. military veterans. In July 2015, plaintiffs sought this court’s preliminary approval of a Settlement Agreement. The Settlement Agreement requires Mortgage Investors Corporation of Ohio, Inc. (“MIC”), to pay $7,483,600 into a Settlement Fund to cover: (1) cash awards to settlement class members who submit claims; (2) court-approved attorney fees up to $1,870,900; (3) court-approved litigation expenses up to $147,063; (4) notice and claims administration costs of $1,190,000; and (5) incentive awards of $5,000 each to the two class representatives. If any amounts remain in the Settlement Fund as a result of uncashed checks, those funds will be disbursed “cy pres” in equal parts to: (1) Veterans Airlift Command, a non-profit charitable organization that provides free air transportation to wounded in combat and their families for medical and other compassionate purposes; and (2) Consumer Federation of America, a pro-consumer advocacy organization. No funds from the settlement will revert to MIC.