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This settlement is closed!
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A settlement has been reached in a class action lawsuit alleging that Nevada Property 1 LLC dba The Cosmopolitan of Las Vegas recorded telephone calls received from or placed to individuals in California, a violation of California law.
If you made a call to The Cosmopolitan or received a call from The Cosmopolitan while you were physically present in California, you may be eligible for a cash payment from the class action settlement.
Plaintiff Sasan Mirkarimi initially filed The Cosmopolitan call recording class action lawsuit in September 2012. He alleges that he had one or more telephone communications with a representative with the company while he was physically present in California.
During these calls, Mirkarimi alleges he provided confidential information such as personal financial information, his credit card number and his billing address. According to the call recording class action lawsuit, these calls were secretly recorded without Mirkarimi’s knowledge or consent.
The Cosmopolitan denies the allegations but agreed to settle the call recording class action lawsuit to avoid the expense and risk associated with ongoing litigation.
Under the terms of the proposed call recording settlement, The Cosmopolitan will pay a total of $14.5 million to resolve the litigation. In addition, for a period of three years, The Cosmopolitan will not record a telephone call with any person using a telephone number with a California area code without first informing them that the call may be recorded.
The Cosmopolitan call recording class action settlement was preliminarily approved on Aug. 24, 2015.
Who’s Eligible
Class Members of The Cosmopolitan call recording settlement include anyone who, while physically present in the state of California, either:
- Placed a telephone call to The Cosmopolitan between July 12, 2011 and Aug. 3, 2012 that was recorded by The Cosmopolitan; or
- Received a telephone call from The Cosmopolitan between July 12, 2011 and Feb. 20, 2015 that was recorded by The Cosmopolitan.
Potential Award
The amount each claimant will receive depends on the Net Settlement Amount and the total number of Class Members who file valid claims.
It is estimated that the Net Settlement Amount will be $10 million, and therefore if 20,000 Class Members file claims, they would receive $500 each. If 40,000 Class Members file claims, they would receive $250 each.
The actual payment could be higher or lower than these estimated amounts.
UPDATE: Viewers are reporting to us that the Settlement Administrator is informing Class Members that settlement checks have been delayed and will be mailed at the end of April 2016. Let us know in the comments section below or on our Facebook page when you receive your check!
UPDATE 2: On May 6, 2016, Top Class Actions readers started receiving checks worth as much as $773.63!
Proof of Purchase
N/A. If you did not receive a green, pre-printed Claim Form, you must complete a blank Claim Form, signed under the penalty of perjury, and include the number at which you received calls from or made calls to The Cosmopolitan.
To increase the odds that your Claim Form will be approved, you should also include any telephone bills or other documentation that show your calls to or from The Cosmopolitan.
Claim Form
Claim Form Deadline
11/23/2015
Case Name
Sasan Mirkarimi v. Nevada Property 1 LLC dba The Cosmopolitan of Las Vegas, Case No. 3:12-cv-2060 BTM (DHB), in the U.S. District Court for the Southern District of California
Final Hearing
1/4/2016
Settlement Website
www.NevadaProperty1Settlement.com
Claims Administrator
Nevada Property 1 Settlement
c/o CPT Group Inc.
16630 Aston
Irvine, CA 92606
1-888-219-4645
NevadaProperty1Settlement@CPTGroup.com
Class Counsel
DOSTART CLAPP HANNICK & COVENEY LLP
Defense Counsel
LINER LLP
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133 thoughts onCosmopolitan of Las Vegas Call Recording Class Action Settlement
Final Order says (c) Amount of Settlement
According to the briefs, the proposed settlement in this case of
$14,500,000 is the second highest settlement in Privacy Act cases. Given the
number of valid claims returned, the per-claim payments will exceed $750.
Agree, $250 doesn’t seem right based on the final judgement papers
I couldn’t see anywhere is the documents where it indicated any amount. They never can say for sure since they have to divide the amount by the number of claims.
If you have PACER then you can see the legal document that the class action administrator submitted to the judge stating how many claims were received and how much they expected to pay based on the number of valid claims. They said over $750. That number is also listed in one of the documents on the website. I think the final judgement in the section where they state the settlement is fair based on how much the class members are expected to get paid
$250? Why does the judgement say it will be in excess of $750?
I think that person is talking about another one that went out this week. Someone on the Facebook page called and was told that people who printed the claim form from the website were still being verified and I was just told the same thing. I also asked for the check amount and she told me to call back on Wednesday to find out since I should get a check by then. I asked if she could verify if I was getting a check and she said tha she wouldn’t know that information until their screen is updated to show which checks were mailed. This sounds suspicious because I’ve called a few times since the final court date and they’ve always asked for my name and address. You would think that they would have said I was rejected by now .
Received $250 today in Cali
UPDATE: Viewers are reporting to us that the Settlement Administrator is informing Class Members that settlement checks have been delayed and will be mailed at the end of April 2016. Let us know in the comments section below or on our Facebook page when you receive your check!
talk with admin. today,i was told checks are mailed out 04/29/2016,i hope everyone that filed be approved,good luck,talk with yall later.
when will the checks go out?
Do we know the amount of the checks?
Have not been determined per the Admin
I read in the final judgement papers that each claim will be” in excess of $750. “
Checks will be sent out April 30tj
Hello, I was wondering if the final settlement was approved on January 4th 2016. Thank you.
checks are to go out last week in this month or first week in april,i was told info from claims abmin. office good luck
talk with rep.04/05/2016 checks are being mailed later in this month.