Geoffrey Mcdonald, individually and on behalf of all others similarly situated v. Bass Pro Outdoor World, LLC, Bass Pro LLC, Bass Pro Inc., BPS Direct LLC, and Does 1 through 50, inclusive
Published: Aug. 23, 2014 | Result Date: Aug. 1, 2014 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-00889-BAS-DHB Settlement – $6,000,000
Court
USDC Southern District of California
Attorneys
Plaintiff
James T. Hannink
(Dostart Hannink LLP)
James F. Clapp
(Clapp & Lauinger LLP)
Zachariah P. Dostart
(Dostart Hannink LLP)
Defendant
Nathaniel R. Smith
(Pillsbury, Winthrop, Shaw & Pittman LLP)
Facts
Geoffrey McDonald brought a class action lawsuit against Bass Pro Outdoor World LLC, BPS Direct LLC, Bass Pro LLC, and Bass Pro Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
McDonald alleged that defendants recorded telephone calls made to or received from California residents without their consent, in violation of the California Invasion of Privacy Act.
Result
The court granted preliminary approval of a class action settlement in the amount of $6,000,000. The settlement defined the class members as all persons who, while present in California and using a telephone with a California area code, participated in at least one recorded telephone call to defendants between March 12, 2012 and March 27, 2013 or at least one recorded telephone call from defendants between March 14, 2012 and April 3, 2013. The settlement agreement also reflected a change in defendants' business practices beginning March 28, 2013 in which they will not record any inbound telephone calls from California area codes without first giving notification at the outset of the call that the call may be recorded. The settlement further reflected that defendants have not recorded outbound calls to California since April 4, 2013.
Other Information
FILING DATE: April 12, 2013.
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