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