California AeroMexico Call Recording Class Action Settlement

Callers have managed to secure a $3.3 million AeroMexico call recording class action settlement on behalf of California residents who called the airline’s toll free number between June 22, 2016 through July 6, 2017.

The California AeroMexico call recording class action lawsuit alleged that the company failed to obtain consent to record calls to and from its toll free number in violation of state law.

California requires that those within the state consent before their phone calls are recorded. However, Californians who called or were contacted by the AeroMexico toll free telephone number were recorded without warning, according to a class action lawsuit.

California privacy laws require that consumers be notified that a call will be recorded – even if only for training purposes. Consent, under the law, can be implied by the caller remaining on the line after they are notified about the recording.

However, companies that fail to inform California callers that they will be recorded can face steep fines under the state’s privacy laws, potentially up to $5,000 per call.

The company admits no liability under the California AeroMexico call recording class action settlement, but it has agreed to pay $3.35 million to exit the litigation.

Class Members include those who made or received a call from AeroMexico’s toll free number between June 22, 2016 and July 6, 2017.

Class Members can submit a claim for each call made or received during that time where they were not warned that the call would be recorded.

Claims in the California AeroMexico call recording class action settlement must be submitted by Dec. 15, 2018 to be valid. Class Members who wish to exclude themselves or object must also do so by that date.

The final hearing in the California AeroMexico call recording class action settlement is scheduled for Jan. 16, 2019.

Who’s Eligible

Class Members include those “who called one or more of AeroMéxico’s toll-free telephone numbers during the period from June 22, 2016 through July 6, 2017, inclusive (the ‘Class Period’) while you were physically located in California and spoke with a representative.”

Potential Award

$50

Proof of Purchase

Class Members must provide their 6-digit Claim ID number. This number is provided on the notice sent to Class Members or can be provided by the Claims Administrator.

Claim Form Deadline

Claim Form Deadline

12/15/2018

Case Name

Kindt, et al. v. AeroMéxico, et al., Case No. 17-cv-04999- NC, in the U.S. District Court for the Northern District of California

Final Hearing

1/16/2019

UPDATE: The California AeroMexico Call Recording Class Action Settlement was granted final approval on January 16, 2019. According to the settlement website, checks will be mailed no later than April 30, 2019. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 2: On April 29, 2019, Top Class Actions viewer started receiving their checks in the mail from the California AeroMexico Call Recording Class Action Settlement for as much as $645.67! Congratulations to everyone who filed a valid claim and got PAID!

Settlement Website

AeroMexicoCallRecordingSettlement.com

Claims Administrator

AeroMéxico Call Recording Settlement
c/o Rust Consulting Inc.
P.O. Box 44
Minneapolis, MN 55440-0044
1-866-590-8521
[email protected]

Class Counsel

Eric A. Grover
KELLER GROVER LLP

Scot Bernstein
LAW OFFICES OF SCOT D. BERSTEIN APC

Defense Counsel

Katherine G. Triestman
Andrew K. Davidson
ORRICK HERRINGTON & SUTCLIFFE LLP