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Consumer Law
Consumer Protection

Mike Clark-Alonso, individually and on behalf of a class of similarly situated individuals v. Southwest Airlines Co., and Does 1 through 100, inclusive

Published: Oct. 7, 2022 | Result Date: Nov. 2, 2021 | Filing Date: Jul. 28, 2021 |

Case number: 21CV-02475 Settlement –  $1,250,000

Judge

Brian L. McCabe

Court

Merced County Superior Court


Attorneys

Plaintiff

Eric A. Grover
(Keller Grover LLP)

Robert W. Spencer
(Keller Grover LLP)

Scot D. Bernstein
(Law Offices of Scot D. Bernstein APC)


Defendant

Casie D. Collignon
(Baker & Hostetler LLP)

Matthew D. Pearson
(Baker & Hostetler LLP)


Facts

Mike Clark-Alonso brought a class action against Southwest Airlines Co. The class included all persons whom Southwest had a recording of a call to Southwest's Rapid Rewards toll-free telephone number from a telephone number with a California area code, at any time during the class period.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant recorded telephone communications without the knowledge or consent of all of the parties to the telephone communication in violation of the California Penal Code.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Settlement Discussions

The parties participated in two mediation sessions, including a session with Jill Sperber which ultimately resulted in a settlement.

Result

A settlement was reached wherein the defendant admitted no wrongdoing but agreed to pay up to $1.25 million to settle class members' claims.


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