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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
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 called this morning because I was told on the 29th that the checks would go out on the 2nd of may so when I talked to the lady today because I told them I want to come pick my check up personally she told me my check would be ready tomorrow. If i dont receive a call from them by 12noon on the 3rd to call them so she say. I feel like it’s sum bullshit.
For those of you who were not approved: I got a 3×5 black and white postcard from Dostart Hannick & Coveney LLP last year in the mail that said my claim form was received in a timely fashion and was approved, and that I did not need to take any further actions. Did you get one of these postcards? Anybody get their checks yet? I did not get one today, 5/2/2016. Im in San Diego and my mail already came.
I never got one of those postcards but my buddies who were not approved received a postcard letting them know that they were not approved and giving them a deadline of about two weeks out to submit any other number they could have called from or a phone bill showing that they did call the cosmopoitan. I do not know who sent this postcard but I think any mail would come from CPT group, even if it has the attorneys address on it. I received a claim form from the administrator and that is how I found out about this lawsuit. I never received a postcard letting me know that my claim form was approved but I did call in to confirm.
Holly- I received the same postcard saying I was approved. The mail came today in Long Beach and I didn’t get anything.
Mail came, no check here in Long Beach, CA.
No check with my mail in Irvine, CA today.
I made this comment and I am actually Patrick, not Stephen. My work partner and I share computers and I accidentally clicked his name using autofill on the chrome browser. If the check is not with tomorrows mail then I will call them
I called in today for the first time since calling to confirm if they processed my form last year. The line was busy the first couple of tries and I had a wait time of 8 minutes when finally getting through. Whoever I talked to confirmed that the checks were mailed on Friday and that their IT department would not be updating their screens to reflect the payment amount until Wednesday. I received a claim form from them last year so I did not have to worry about getting approved or denied. I honestly think that they would have mentioned that you were denied if you called in before, so I do not think that anyone here should be worried if you have called in. I tracked my letter after mailing it in and it took about a week for their system to reflect that it had been received. I then called back about two weeks later and the form was processed and was told that nothing else was needed from me.
What’s the number u called
1-888-219-4645
No check in Irvine, Ca. If they were mailed then they were mailed very late on Friday or sometime on Saturday. I live four miles from CPT Group so I should have received it yesterday if they were mailed by Friday afternoon.
i found it to be strange that admin from cosmopolitan settlement,called after 5 to tell me i was not approved.did anyone else recvd this kind of call.they dont call,you are just approved or denied.we all know whats really going on,some will be paided and some wont,even though your claim will be valid.so wrong for them to do.you want miss what you never had,so i am still good.
I called at around 4:12 pm and asked about the checks. Whoever answered the phone did not ask for my name or address like they usually do. She sounded annoyed. She said that the checks will be mailed out by the end of the day and they wont know the checks amount until next week. I asked if they would know this information by Monday and she said that they will not know until Wednesday so to call back then. The people sending the checks and the phone operators may not know what each other is doing, so if the checks were mailed earlier in the day, I should be getting it tomorrow since I live about 4 miles from the business address in Irvine. I will check my mailbox in the afternoon and let you know if it is there or not. I am a degenerate so it will all go back to the Cosmo when I am there for the NBA finals.
Oh I see it now, there is another lawsuit for recording with a payout of $250, but it isn’t Mirkarimi v Nevada Property
This is what I was going by: The proposed $14,500,000 settlement for approximately 100,000 class members, according to the Plaintiff’s brief, is the second highest recovery in a Privacy Act case. Moreover, the expected per-claim payout given the current number of valid claims is likely to exceed $750. See, e.g., Reed v. 1-800 Contacts, Inc., No. 12-cv-2359 JM, 2014 WL 29011 (S.D. Cal. Jan. 2, 2014) (approving an attorneys’ fee award equivalent to 25% where the per-claim payment was just over $600). Because the settlement award in this case is exceptional, this factor weighs in favor of the award.
I on the same page as you – guess we will have to wait and see.
I tried finding out if they received 12,000ish claim forms or if they approved 12,000 claim forms. I know that they did reject claim forms because some of my buddies were denied. We all have hosts so they probably never called the Cosmo directly for anything since we mostly go through our hosts to set things up for us.If they were basing the $750 on all of the claim forms submitted then the checks will be substantial once the fraudsters are removed. The Howard Johnson one was over $1,000 per check and that one had 10,000 or so submissions and only 1,0000 or so were approved. The settlement amount for that lawsuit was a little over 1.3 or 1.4 million dollars.