Below is the first part of an article by Daniel Fisher from It reads…

An interesting piece of data just dropped into the official record in the Duracell Ultra settlement, where plaintiff lawyers are seeking a $5.7 million fee for what they call a $50 million settlement.

That settlement amount might be a little inflated, reports Ted Frank of theCenter for Class Action Fairness, who is challenging the deal. Like by a factor of almost 150. And according to a startling statement from the administrator of the settlement, such gross overstatements are normal.

The odds of anybody collecting a dime in these cases is less than 1 in 400, according to Deborah McComb, an executive with Kurtzman Carson Consultants, which claims to have administered hundreds of consumer class-action settlements. In a filing with the federal court in Florida that is overseeing the Duracell case, McComb said class actions with little or no direct mail notice to consumers — most of them, in other words — have a median response rate of 0.023%.


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