Knapp v. Art.com, Inc.

283 F. Supp. 3d 823
CourtDistrict Court, N.D. California
DecidedAugust 22, 2017
DocketCase No. 3:16–cv–00768–WHO
StatusPublished
Cited by12 cases

This text of 283 F. Supp. 3d 823 (Knapp v. Art.com, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knapp v. Art.com, Inc., 283 F. Supp. 3d 823 (N.D. Cal. 2017).

Opinion

William H. Orrick, United States District Judge

INTRODUCTION

Plaintiff James Knapp brought this class action against Art.com alleging violations of consumer protection laws and unlawful business practices related to its advertising and pricing methods. Nine months later, the parties reached an agreement and sought to settle the case on a classwide basis. The agreement includes electronically distributing a $10 "voucher" to class members who have not opted out and injunctive relief consisting of a promise to abide by the law and implement a compliance program for at least four years.

Of the nearly 2 million member class, 452 opted out of the settlement. Fourteen filed objections with the court, one of whom appeared through counsel at the final fairness hearing. Having considered the objections and the arguments of counsel, and although I find that the "vouchers" are coupons under the Class Action Fairness Act (CAFA), for the reasons set forth below I also find that the settlement is fair, reasonable, and adequate, and therefore GRANT final approval. I also GRANT in part the motion for attorney's fees and costs with respect to plaintiff's request for costs and class representative's service award. However, I will defer awarding attorneys' fees because I cannot determine the actual value of the coupon-relief provided by the settlement.

BACKGROUND

Art.com owns and operates several e-commerce websites that sell fine art, posters and other home décor products. Settlement Agreement ¶ 4.3 (Kim Decl. ¶ 3, Ex. 1, Dkt. No. 53-1). Plaintiff James Knapp alleges that he bought a framed poster from Art.com, and that he was induced to do so because Art.com advertised a "40% off" sale that expired that day. The next day, it held a new sale at "45% off." Id. ; see also First Am. Compl. ¶¶ 61-62 ("FAC") (Dkt. No. 6). He claims that had he known, he would have waited a day to save an additional 5 percent. Id. He asserts that Art.com's advertising practices misled consumers to believe that they were receiving a discount from the item's "regular" price, when in fact the back-to-back sales rendered the "sale" price the "regular" price. Id.

Knapp filed his original complaint on February 16, 2016, and his FAC on March 23, 2016. Dkt. Nos. 1, 6. He alleged (1)

*829violations of the California False Advertising Law, Cal. Bus. & Prof. Code § 17500, et seq. , Compl. ¶¶ 77-82; (2) violations of the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. , id. ¶¶ 83-96; (3) violations of the California Consumer Legal Remedies Act, Cal. Civ. Code § 1750 et seq. , id. ¶¶ 97-106; and (4) unjust enrichment and common law restitution, id. ¶¶ 107-112. He sought to represent the following class:

All natural persons located within the United States who purchased any product online from Art.com through the E-commerce websites, www.art.com, www.posters.com, and/or www.allposters.com, at any time beginning four (4) years prior to the filing of this action on February 16, 2016, and ending at the time this action settles or proceeds to final judgment.

Id. ¶ 65.

On June 15, 2016, I granted Art.com's motion to dismiss with respect to Knapp's unlawful prong claim based on section 52(a), but denied it in all other respects. Order Denying Mot. to Dismiss and Strike at 11 (Dkt. No. 31). On October 14, 2016, Knapp filed a motion to certify the class, Dkt. No. 41, and on November 4, 2016, Art.com filed a motion for summary judgment, Dkt. No. 47. Twelve days later the parties notified the court that they had reached a settlement agreement following a mediation with David Rotman. Dkt. No. 48.

I granted plaintiff's unopposed motion for preliminary approval of the class action settlement on April 26, 2017, Dkt. No. 59, and revised the order on May 19, 2017 to modify implementation dates and the class definition in accordance with a request from the parties, Dkt. Nos. 60 (stipulation), 61 (revised order). I certified the following class for settlement purposes:

All persons, who between February 12, 2012, to June 9, 2016, purchased any product from Art.com through the e-commerce websites www.art.com, www.posters.com, and/or www.allposters.oom, pursuant to a sale by entering a coupon code, and whose product was shipped to an address in the United States.
Excluded from this definition are the following individuals and/or entities: Art.com and its parents, subsidiaries, affiliates, officers and directors, current or former employees, and any entity in which Art.com has a controlling interest; all individuals who make a timely election to be excluded from this proceeding using the correct protocol for opting out; and all judges assigned to any aspect of this litigation, as well as their immediate family members.

Dkt. No. 61, ¶ 4.

The Settlement Agreement provides for electronic distribution of a "voucher" for a single ten dollar ($10) credit that can be used on any product on www.art.com, www.allposters.com, and/or www.posters.com, to any class member who does not opt out. Settlement Agreement ¶ 3.19; ¶ 5.2. Vouchers are valid for eighteen (18) months after issuance, and only one may be used in a single transaction. Id. ¶ 3.19. They can be used multiple times until the balance is extinguished. Id. They are fully transferable and may be used on sale and/or promotional items, shipping and sales tax. Id. They are not redeemable for cash and are not gift cards or gift certificates under California law.

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Bluebook (online)
283 F. Supp. 3d 823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knapp-v-artcom-inc-cand-2017.