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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
I was away but finally did get mine. The reason that these checks were late is because they were mailed the cheapest way possible, as standard presorted mail. This is slower than the media mail we receive on a weekly basis. Companies do this when they are going to mail stuff in bulk in order to save pennies on every envelope. This is usually reserved for mail that is spammy, such as credit card offers. If 12,000 envelopes were mailed then CPT did not pocket $100 by doing this. Why they did this I dont now. Shame on them for mailing checks in such a cheap manner. I now believe that they were mailed that Friday. We would have received them the following Monday or Tuesday if they just spend a few more pennies per envelope.
Still have not recevied mine did get an email stating it was mailed to me and was told if I don’t get it this will resend it another one guest I will wait till friday.
i got a check yesterday ……
If you had a California number and/or address at the time then what is what they had on record. That could have been provided to the class administrator. I know some frequent players who have since moved from the state and received claim forms. It was probably easier to track them down since the casino has their recent contact information, but the hotel provided the casino with a list of phone numbers too. There was a space on the claim form to put in the number that you called from at the time. If you applied and didnt get a check then that means you didnt qualify. The claims administrator gave everyone the opportunity to appeal.
Two checks for the wife and I today for $773 each
i have a question. How in the world do you find out that you were being recorded?
Received check $773.63, San Diego. No taxes taken out, but it is being reported to the IRS, so it will have to be claimed as income on 2016 tax returns.
Received check for $773.63 in Los Angeles yesterday 05/09/16!
It was a California law so you had to be leaving in California. But I have read those with California area codes where accepted.
They didn’t accept everyone with a California number because I was declined at first. I then provided my old cell number and that was accepted. The claims admin told me that they had a list of numbers to verify from. They also had a list of names from people who provided a California address when they signed up for the player’s card during that time period.
I just received a check from Irvine, CA for $502.86. The total was $773.63 but they withheld $270.77. I had to ggogle Mirkarimi Vs. The Cosmopolitan Fund to see if the check was legit. It has been so long since I filled out the paperwork.