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California consumers who called or received a telephone call from 1-800 Contacts Inc. between 2011 and 2012 have until Nov. 14, 2013, to participate in a class action settlement over claims the company secretly recorded the phone calls.
The 1-800 Contacts settlement is part of a class action lawsuit (Reed v. 1-800 Contacts) alleging the company recorded telephone calls received from or placed to California in violation of California law. The company denies the allegations but has agreed to pay $11.7 million into a class action settlement fund to compensate consumers and resolve the litigation.
Class Members of the 1-800 Contacts settlement include anyone who, while present in California, participated in at least one recorded telephone call with 1-800 Contacts Inc. between Aug. 15, 2011, and Sept. 10, 2012.
Class Members who submit a valid Claim Form postmarked no later than Nov. 14, 2013, will receive a pro rata share of the class action settlement after payment of attorneys’ fees, litigation expenses, a service payment to the plaintiff, and the costs of administration. Claim filing instructions can be found below.
A Final Approval Hearing will be held Dec. 16, 2013.
The case is Reed v. 1-800 Contacts Inc., Case No. 12-cv-02359-JM-BGS, U.S. District Court for the Southern District of California.
How to File a Claim for the 1-800 Contacts Pone Call Class Action Lawsuit Settlement
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Website of the Class Action Lawsuit Settlement Administrator: www.1800ContactsSettlement.com
Address to submit a claim form (REQUIRED):
Claim Forms must be mailed to the following address:
Claims Administrator, c/o Rust Consulting, Inc.,
P.O. Box 3041, Faribault, MN 55021-2641
Claims must be postmarked by: 11/14/13
Potential Award:
A cash award based on a pro rata share of the class action settlement fund after all expenses have been paid.
Settlement Administrator:
Rust Consulting Inc.
P.O. Box 3041, Faribault, MN 55021-2641
1-888-261-9752
info@1800ContactsSettlement.com
Class Counsel:
James F. Clapp
James T. Hannink
Zach P. Dostart
DOSTART CLAPP & COVENEY, LLP
Defense Counsel:
Michael J. Tuteur
Michael M. Conway
Martin J. Bishop
Nancy L. Stagg
Tammy Boggs
FOLEY & LARDNER LLP
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UPDATE: According to a update on the Settlement Administrator website, checks for the 1-800 Contacts Call Recording Class Action Settlement were distributed on Jan. 16, 2014. Over 13,000 claimants will receive checks totaling $606.57. Congrats to our Top Class Actions readers who submitted a valid claim and got PAID!
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All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
73 thoughts on1-800 Contacts Phone Call Recording Class Action Settlement
The last day that the judge’s court was in session was on the date of the hearing. He won’t be back until Monday at the earliest. At this point we shouldn’t expect or checks until at least the end of January.
Don’t expect the judge to sign anything soon. I’m sure he somewhere enjoying his Christmas vacation. That’s why I always put off jury duty until the holidays on years when I get a notice. There has never been a case so I just up and get to leave.
The judge is reviewing the motion for final approval.Once the judge sign off on it checks will be mailed in 10 days after approval.
There have been a lot of people who were rejected. I never received a letter. The last court date was on the 16th of Dec. We shall get a check soon I hope right?
my fiance never got a letter saying his claim was processed or rejected. i read court documents were rust reported to the court on november 19th that they received around17,000 claims. they sent out 90,000 letters to people who were eligible and they don’t know how many of those 17,000 are from the 90,000 that they notified. The court asked them to report how many of those 17,000 had been denied so far. i can’t find anything stating if they’ve notified the court. rush doesn’t have anything to gain from denying claims for this settlement because the lump sum is going to be divided evenly between the approved claims. If every claim form that they received is approved, then each person should be receiving around $350.
At lease 12 people at my worplace/legal department says they got rejection letters already saying can not find phone number so reject reject reject reject…..
I received a letter in the mail today to let me know that my claim was processed. My fiance filed one too and he hasn’t received one.
thanks for the information.
Don’t look for much Rust is the Settlement Administrator.
Mary, we gathered our prescription and order confirmation/receipts from 1800contacts that applied to the class action period. Since we often order our contact lenses while at work, they may have recorder us while we were on our work number, which they will have as the incoming number and that same number may be linked to another person as well. We just want to make sure that we are ready in the event that they attempt to deny our claim, especially since his cell phone number does not have a california area code and they may flag his claim because of that. You may want to start gathering any prescription and purchase information as well. From our understanding, we should be finding out by the end of december if our claim is denied. we probably won’t know if it is not denied until the check arrives.