FINAL ORDER AND JUDGMENT APPROVING SETTLEMENT, AWARDING CLASS COUNSEL ATTORNEYS FEES AND COSTS, AND DISMISSAL WITH PREJUDICE

MARK R. ABEL, Magistrate Judge.

On the 26th day of September, 2014, the Court considered the Joint Motion for Final Approval of Agreement of Settlement ("Joint Motion for Final Approval") (doc. 30) and Plaintiffs' Motion for an Award of Attorneys' Fees and Costs for This Successful Consumer Class Action ("Class Counsels' Application for Fees") (doc. 31).

The Joint Motion for Final Approval requests: (a) final approval of the Proposed Settlement preliminarily approved by this Court and memorialized in the proposed Class Action Settlement Agreement And Release ("Agreement") and June 12, 2014 Order (Doc. 26) preliminarily approving the class settlement; (b) dismissal with prejudice of the claims of Plaintiffs against the Defendants (as that term is defined in Paragraph 10 of the Agreement); and (c) dismissal with prejudice of the claims of Plaintiffs and Class Members against the Defendants and Related Parties (as those terms are defined in Paragraphs 10 and 20 of the Agreement). Class Counsels' Application for Fees requests that this Court award attorneys' fees and reimbursement of expenses and costs to Class Counsel in connection with this Action, pursuant to Paragraph 30 of the Agreement. In connection with the Joint Motion for Final Approval and Class Counsel's Application for Fees, the Court has considered the pleadings, the Agreement, and all exhibits thereto, the declarations of counsel, and arguments of counsel. Appearing on behalf of Plaintiffs and the Settlement Class were Attorneys Daniel Freytag and Kendra Carpenter, and appearing on behalf of Defendants was Attorney David K. Frank.

WHEREAS, Plaintiffs and Defendants executed the Agreement and filed it with the Court on June 9, 2014; and

WHEREAS, the Agreement is hereby incorporated by reference in this Order and each of the terms defined in the Agreement will have the same meaning in this Order; and

WHEREAS, the Court, on June 12, 2014, entered an Order preliminarily approving class settlement ("Preliminary Approval Order") and scheduled a hearing for September 26, 2014 ("Settlement Approval Hearing") in order to: (a) consider final certification of the Class for settlement only; (b) hear objections, if any, to the proposed settlement; (c) consider and determine the number and legitimacy of requests for exclusion filed by members of the Class; (d) consider and determine whether the proposed Agreement is fair, reasonable, and adequate and should be approved by the Court; (e) consider the agreed-upon award of attorneys' fees and costs as set forth in the Agreement; and (f) rule on such other matters as the Court may deem appropriate; and (e) determine whether a final order and judgment should be entered; and

WHEREAS, the Court ordered that Notice to Class Members in the form attached to the Agreement as Exhibit B ("Individual Notice"), and an opt-out postcard in substantially the form attached to the Agreement as Exhibit C be mailed by the Settlement Administrator, First Class, Inc., to each class member at their last known address as shown on the class list (Agreement at Exhibit A), and that the Settlement Administrator cause notice of the settlement, modified as reasonably necessary for publication purposes, to be published in the press as set forth in the Agreement; and

WHEREAS, the parties have satisfactorily demonstrated to the Court that such Individual Notice was mailed and notice was published in accordance with the terms of the Preliminary Approval Order; and

WHEREAS, the Defendants have complied with the notice requirements of the Class Action Fairness Act of 2005 (28 U.S.C. § 1715(b)), and have filed proof of such compliance with the Court, and;

WHEREAS, in accordance with the Preliminary Approval Order, Individual Notice, the Settlement Approval Hearing was duly held before this Court on September 26, 2014; and

WHEREAS, at the Settlement Approval Hearing, the Court considered: (a) the fairness, reasonableness and the adequacy of the Agreement; (b) the fairness and reasonableness of Class Counsels' Application for Fees under applicable federal law; and (c) the fairness and reasonableness of Class Counsels' request for reasonable compensation to the named Plaintiffs, individually and as class representatives; and

WHEREAS, at the Settlement Approval Hearing, the Court independently evaluated the fairness, reasonableness and adequacy of the Agreement and Class Counsels' Application for Fees by considering not only the pleadings and arguments of Plaintiffs, Class Counsel and Defendants, but also by rigorously and independently evaluating the Agreements and Class Counsels' Application for Fees on behalf of the absent Class Members, and considered any argument that could reasonably be made against approval of the Agreement and Class Counsels' Application for Fees, even if such argument was not actually presented to the Court by pleading or oral argument; and

WHEREAS, by performing this independent analysis of the Agreement, the Joint Motion for Final Approval and Class Counsels' Application for Fees, the Court has considered and protected the interests of all absent Class Members under Rule 23 of the Federal Rules of Civil Procedure; and

WHEREAS, the Individual Notice advised Class Members of the method by which a Class Member could request exclusion from the settlement and pursue an independent legal remedy against the Defendants; and

WHEREAS, all Class Members had the absolute right to opt-out and pursue an individual lawsuit against the Defendants; and

WHEREAS, any Class Member who failed to request exclusion under the terms of the Individual Notice voluntarily waived the right to pursue an independent remedy against the Defendants; and

WHEREAS, the Individual Notice advised Class Members of the method by which a Class Member could file proper and valid objections and request to be heard at the Settlement Approval hearing; and

NOW, THEREFORE, the Court, having read and considered all submissions made in connection with the Joint Motion for Final Approval and Class Counsels' Application for Fees, and having reviewed and considered the files and records, herein, and all other evidence submitted, finds and concludes as follows:

1. The definitions and terms set forth in the Agreement are hereby adopted and incorporated into this Order.

2. The Complaint filed in this Action alleges, inter alia, the following causes of action against Defendants: violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. and specifically 15 U.S.C. § 1692e(2)(A), 15 U.S.C. § 1692e(2)(B), 15 U.S.C. § 1692e(5), and 15 U.S.C. § 1692e(10) (Complaint, Doc. 2). Defendants deny all of the foregoing allegations.

3. At the Settlement Approval Hearing on September 26, 2014, Plaintiffs and Defendants applied to the Court for final approval of the terms of the Proposed Settlement and for entry of this Final Judgment. In support of that application, Plaintiffs submitted, among other things, evidence concerning the dissemination and adequacy of Class Notice, evidence regarding the negotiation of the Agreement, evidence regarding the fairness, reasonableness and adequacy of the substantive terms of the Agreement, and evidence regarding the fairness, reasonableness and adequacy of Class Counsels' Application for Fees payable under the terms of the Agreement. Class Counsels' Application for Fees set forth extensive argument and authority along with exhibits attached thereto.

4. The following evidence which was already a part of the Court's record was considered at the hearing: the Agreement and all exhibits thereto, Class Counsels' oral argument in support of the parties' Joint Motion for Final Approval, and all exhibits attached to Class Counsels' Application for Fees.

5. As part of its Preliminary Approval Order, the Court certified for settlement purposes a Settlement Class defined as follows:

Excluded from the Class, however, are the Defendants, and their agents and employees, the Judge and the Magistrate Judge to whom this action is assigned, and any member of such Judges' staffs and immediate families.

6. The court hereby affirms the definition of the Settlement Class for purposes of the Final Judgment and hereby finally certifies the class.

7. Plaintiffs and Defendants have entered into the Agreement, which has been filed with the Court and is incorporated herein by reference. The Agreement provides for the settlement of this Action with Defendants by the Plaintiffs as representatives of and on behalf of the members of the Settlement Class, subject to final approval by the Court.

8. On June 12, 2014 (Doc, 26), the Court preliminarily approved the Agreement of Settlement and approved the Class Notice and method of notification for potential Class Members, and directed that Notice of the Proposed Settlement and of the Settlement Approval Hearing be disseminated in accordance with the terms of the Agreement and the Preliminary Approval Order.

9. On September 26, 2014, the parties provided evidence that the Individual Notice, which informed Class Members of the terms of the Proposed Settlement, of their opportunity to request exclusion from the Settlement Class, and of their opportunity to object to the terms of the Agreement, was disseminated in accordance with the Preliminary Approval Order. Specifically, Plaintiffs' Counsel advised the Court of the scope and results of the mailing and publication of such notice.

10. Based on the Court's review of the evidence admitted and the argument of counsel, the Court finds and concludes that the Individual Notice, as disseminated by mail, and the publication notice to Class members in accordance with provision of the Preliminary Approval Order, was reasonable and the best notice practicable under the circumstances to all members of the Settlement Class. Accordingly, the Individual Notice as disseminated is finally approved as fair, reasonable, and adequate. The Court finds and concludes that due and adequate notice of the pendency of this Action and of the Agreement has been provided to members of the Settlement Class, and the Court further finds and concludes that notice of the Proposed Settlement, as described in the Preliminary Approval Order and completed by the parties, complied fully with the requirements of Rule 23 of the Federal Rules of Civil Procedure and the requirements of due process under the United States and Ohio Constitutions, and any other applicable law. The Court further finds that such notice concisely and clearly states in plain, easily understood language:

11. The Court notes that of the notices individually mailed to each of the 84 Class Member, 5 were returned as "unable to forward" and the remainder are presumed to have been properly delivered and received. The Court further notes that publication of notice in The Columbus Dispatch newspaper was reasonably calculated to provide notice to Class Members.

12. The Settlement Approval Hearing and the evidence before the Court clearly support a finding that the Agreement was entered into in good faith between the Plaintiffs and Defendants.

13. The Court finds that the Agreement is the result of a good faith arm's length negotiation by the parties. In addition, the Court finds that approval of the Agreement and Proposed Settlement embodied therein will result in substantial savings in time and resources to the Court and the litigants and will further the interest of justice. Further, the Court finds that the Agreement is fair, reasonable, and adequate to members of the Settlement Class based on the parties having negotiated in good faith, and the absence of material objections sufficient to deny approval.

14. The settlement of the Action on the terms and conditions set forth in the Agreement is approved and confirmed in all respects as fair, reasonable, and adequate under Rule 23 of the Federal Rules of Civil Procedure, and in the best interest of the Settlement Class, especially in light of the benefits to the Settlement Class and the costs and risks associated with the complex proceedings necessary to achieve a favorable result through trial and appeals.

15. A review of the following factors supports a finding that the Proposed Settlement is fair and adequate:

Carson v. Am Brands, Inc., 450 U.S. 79, 88 n.14 (1981); Williams v. Vukovich, 720 F.2d 909, 922 (6th Cir. 1983).

16. The Individual Notice is presumed to have been received by more than 94 % of the Class Members. No Class Member attempted to file purported objections to either the Agreement or Class Counsels' Application for Fees. The Court finds it significant that there were no objections to the Proposed Settlement or Class Counsels' Application for Fees. The lack of opposition supports the fairness, reasonableness and adequacy of the Agreement and Class Counsels' Application for Fees.

17. The Court finds that a total of $20,000.00 in attorneys' fees, expenses and costs, is fair, reasonable and adequate under the Sixth Circuit's analysis in Smillie v. Park Chemical Co., 710 F.2d 271, 275 (6th Cir. 1980).

18. Under applicable Sixth Circuit jurisprudence, the Court has the discretion to award reasonable attorneys' fees upon consideration of the following factors:

Smillie, 710 F.2d at 275.

19. The Court's analysis, considering any objections, supports the Court's total award of Twenty Thousand Dollars (U.S. $20,000.00) in attorneys' fees, expenses, and costs to Class Counsel for work performed in connection with this litigation, particularly in view of Paragraph 30 of the Agreement.

20. The Court finds that the proposed distribution of funds under the Agreement, including but not limited to an incentive award of total of One Thousand Dollars (U.S. $1,000.00) to be paid to each of the two named Plaintiffs, is fair, reasonable, and adequate.

NOW, THEREFORE, GOOD CAUSE APPEARING THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

1. The Court has personal jurisdiction over Plaintiffs, Defendants, and all members of the Settlement Class. The Court has subject matter jurisdiction to approve the Agreement and all exhibits thereto.

2. No Class Member submitted a request for exclusion from the Settlement Class. Therefore, all potential members of the Settlement Class are adjudged to be members of the Settlement Class and together with their heirs, estates, trustees, executors, administrators, principals, beneficiaries, assigns and successors are bound by the Final Judgment and by the Agreement and the Proposed Settlement embodied therein, including the releases provided for in the Agreement and this Final Judgment.

3. The Court hereby forever bars and enjoins:

4. All provisions and terms of the Agreement are hereby finally approved in all respects. The parties to the Agreement are hereby directed to consummate the Agreement in accordance with its terms.

5. This Action against the Defendants is dismissed in its entirety on the merits, with prejudice and without leave to amend, and all members of the Settlement Class are forever barred and permanently enjoined from starting, continuing, participating in, litigating or receiving any benefits or other relief from any other lawsuit, arbitration or administrative or regulatory proceeding or order based on or relating to the claims, facts or circumstances alleged in this Action and/or the Release Claims against the Released Persons.

6. Upon the Effective Date, Plaintiffs, all members of the Settlement Class and their representatives, heirs, estates, trustees, executors, administrators, principals, beneficiaries, assigns and successors will be bound by the Final Judgment and conclusively deemed to have fully released, acquitted and forever discharged, to the fullest extent permitted by law, all of the Released Persons from the Released Claims, and shall agree not to institute, maintain or assert any claims against the Released Persons related in any way to the Released Claims.

7. "Released Claims" are defined in Paragraph 31 of the Agreement.

8. The Court finds and concludes that Plaintiffs, on behalf of themselves and all members of the Settlement Class, have expressly, knowingly, voluntarily and validly waived the provisions of any state, federal, municipal, local or territorial law or statute (including, but not limited to, that of Ohio and the District of Columbia) providing in substance that releases shall not extend to claims, demands, injuries and/or damages that are unknown or not suspected to exist at the time as a settlement agreement is executed and/or approved by a court.

9. The persons to be released are referred to in Paragraphs 10, 20, and 31 of the Agreement.

10. The Agreement, Proposed Settlement and this Final Judgment are not deemed admissions of liability or fault by the Defendants, or a finding of the validity of any claims in the Action or of any wrongdoing or violation of law by the Defendants. The Agreement and Proposed Settlement are not a concession by the parties and, to the extent permitted by law, neither this Final Judgment, nor the Agreement, nor any other documents, exhibits or materials submitted in furtherance of the Settlement, shall be offered or received in evidence in any action or proceeding in any court, administrative panel or proceeding, or other tribunal, as an admission or concession of liability or wrongdoing on any nature on the part of the Defendants.

11. Defendants shall make payment of Twelve Thousand Dollars and no Cents (U.S. $12,000.00) to First Class, Inc., as the Settlement Administrator, as set forth in the Agreement and Proposed Settlement, within 14 days after the Effective Date as defined in Paragraph 12 of the Agreement. That amount shall be distributed in accordance with Paragraphs 25 and 37 of the Agreement, and shall satisfy all payments to be made to Plaintiffs and the Class Members, including separate payments of an incentive award of $1,000.00 each from the said amount to each of the two Class Representatives.

12. Pursuant to Class Counsels' Application for Fees, and Paragraph 30 of the Agreement, the Court jointly awards Class Counsel the sum of Twenty Thousand Dollars (U.S. $20,000.00) in attorneys' fees, expenses and costs, which amount shall be paid to Class Counsel by Defendants in addition to the funds to be paid to the Plaintiffs and the Class Members in accordance with Paragraph 25 of the Agreement. The Court hereby finds that this amount is fair and reasonable and fully supported by this Court's analysis of the factors considered by the Sixth Circuit. The Court adopts the analysis of the Sixth Circuit factors contained in Class Counsels' Application for Fees, and finds that this analysis of the Sixth Circuit factors supports the award of attorneys' fees, expenses and costs.

13. As soon as reasonably possible after the completion of all payment to Class Members eligible for payment pursuant to the Agreement, the parties shall file with the Court a final report indicating that distribution in accordance with the terms of the Agreement and the Court's prior Orders has been completed. The report shall include the payment of the remainder funds, if any, to be delivered to the Ohio Legal Assistance Foundation referred to in Paragraph 29 of the Agreement.

14. The Court finds that there is no just reason for delay, and that the Final Order And Judgment is a final appealable order.

Order And Judgment is a final appealable order.

15. Without in any way affecting the finality of this Final Judgment, this Court shall retain continuing jurisdiction over this Action for purposes of: