California Synchrony Bank Call Recording Class Action Settlement

A California call recording class action settlement is now providing benefits for California residents who received phone calls from Synchrony Bank but were not notified that the call might be recorded.

Plaintiffs James Elias and James Kozik brought this Synchrony Bank class action lawsuit accusing the bank of unlawfully recording its debt collection phone calls. Both plaintiffs claim they received phone calls from Synchrony Bank attempting to collect a debt from them. They say they were not notified at the beginning of the call that the conversation could be recorded.

But recordings divulged in the course of litigation allegedly revealed that Synchrony Bank recorded those calls without ever providing Elias or Kozik such a notification.

The two plaintiffs accuse Synchrony Bank of violating the California Invasion of Privacy Act. This state law prohibits anyone from recording a conversation unless all parties to the conversation consent to the recording – a standard sometimes referred to as “two-party consent.” The act allows persons whose calls were recorded without consent to seek statutory damages of $5,000 or triple the amount of actual damages.

The settlement requires Synchrony Bank to create a settlement fund worth $999,999. This fund will first be used to cover service awards to the class representatives, the Class’s court costs and attorneys’ fees, and the costs of settlement administration. Remaining funds will be distributed on a pro rata basis among Class Members who submit valid and timely claims.

The settlement administrator has mailed out class notices to known Class Members as reflected in Synchrony Bank’s own records. Other persons who did not receive a class notice may still qualify as Class Members, however, and they can still file a claim for benefits.

Class Members who want to object to the settlement or exclude themselves from it must do so by Oct. 24, 2017. Objections must be submitted in writing – see the class notice for details.

Who’s Eligible

Class Members eligible to claim benefits include California residents who received a phone call between March 27, 2012 and June 16, 2017 regarding collection of a debt and spoke to an agent of Synchrony Bank, who did not have a Synchrony Bank account at the time of the call, and who were not informed at the beginning of the call that the call could be recorded.

Potential Award

TBD

The amount of each payment will be determined in part by the number of timely and valid claims received.

Proof of Purchase

No proof of purchase is necessary. Claimants who did not receive a class notice with a Claim ID and Access Code can still file a claim by submitting their contact information and the cell phone number at which they received qualifying calls from Synchrony Bank, and by certifying under penalty of perjury that they meet the qualifications to make a claim. Synchrony Bank reserves the right to use its own records to investigate the accuracy of claims.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

10/24/2017

Case Name

Elias and Kozik v. Synchrony Bank, Case No. BC555883, in the Superior Court for the State of California County of Los Angeles

Final Hearing

12/7/2017

UPDATE: The California Synchrony Bank Call Recording Class Action Settlement was granted final approval on December 8, 2017. Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 2: On April 27, 2018, Top Class Actions viewers started receiving checks in the mail worth $36.31 from the Synchrony Bank class action settlement. Congratulations to everyone who filed a claim and got PAID!

Settlement Website

www.EliasClassActionSettlement.com

Claims Administrator

Elias v. Synchrony Settlement Administrator
c/o Kurtzman Carson Consultants
P.O. Box 404000
Louisville, KY 40233-4000
info@EliasClassActionSettlement.com
1-866-763-9946

Class Counsel

Jonathan Weiss
LAW OFFICE OF JONATHAN WEISS

Scott C. Borison
LEGG LAW FIRM

Peter Holland
THE HOLLAND LAW FIRM PC

Defense Counsel

Edward D. Totino
DLA PIPER LLP

Join a FREE California Call Recording Class Action Lawsuit Investigation

If you live in California and you did not receive a warning when calling a toll-free number, your call may have been recorded in violation of California law, and you may be entitled to compensation. See if you qualify to file a California call recording class action lawsuit.

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