Cosmopolitan of Las Vegas Call Recording Class Action Settlement

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

CLICK HERE TO FILE A CLAIM (PDF) »

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