This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Advertising
California Invasion of Privacy Act

Robert Reed, individually and on behalf of all others similarly situated v. 1-800 Contacts Inc.

Published: Dec. 28, 2013 | Result Date: Aug. 29, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 3:12-cv-02359-JM-BGS Settlement –  $11,700,000

Court

USDC Southern District of California


Attorneys

Plaintiff

Zachariah P. Dostart
(Dostart Hannink LLP)

James T. Hannink
(Dostart Hannink LLP)

James F. Clapp
(Clapp & Lauinger LLP)


Defendant

Michael Tuteur

Nancy L. Stagg
(Kilpatrick, Townsend & Stockton LLP)

Martin J. Bishop

Michael T. Conway

Tammy H. Boggs

Andrew B. Serwin
(DLA Piper LLP)


Facts

Robert Reed filed a class action against 1-800 Contacts Inc. alleging violation of the California Invasion of Privacy Act by recording telephone calls made to and received from California residents without their consent.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that 1-800 Contacts customer service representatives routinely made phone calls to, and received phone calls from, California residents. During 2011 and 2012, plaintiff's telephone conversations with 1-800 Contacts were recorded without his consent.

Result

The parties agreed to an $11.7 million settlement. 1-800 Contacts also agreed to change its business practices as part of the settlement, which wasn't to be construed as an admission of any wrongdoing or fault.


#111945

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390