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This settlement is closed!
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Volaris has agreed to pay $3.2 million to resolve claims that airline customers had their calls recorded without their consent.
Individuals who, while located in California, called one or more of Volaris’ toll free telephone numbers between June 21, 2016 and June 23, 2017, spoke to a representative, and had their call recorded.
Plaintiff Malina Kindt filed her class action lawsuit against Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V. and Controladora Vuela Compañía de Aviación, two companies known together as “Volaris.” Volaris is a low cost airline based out of Mexico.
The plaintiff claims that Volaris recorded consumer calls without consent after calling customers about the purchase of airline tickets. According to the call recording class action lawsuit, the company violated California call recording laws.
California is a state with extensive privacy laws that protect citizens from a number of violations. Some laws protect against violation of privacy through technological means, including the recording of calls without consent. Under these call recording laws, California consumers can take legal action if they believe that their rights were violated.
Volaris has agreed to pay $3.2 million to resolve the claims against them, although they do not admit any wrongdoing.
A website was first established in early May 2019 in order to provide information to consumers until claims were first accepted on May 28, 2019.
Class Members will be able to collect around $22.66 per call under the settlement. This amount is only an estimate and may be more or less depending on a variety of factors.
If Class Members wish to receive payment from the settlement, they need to file a valid Claim Form by July 27, 2019.
The deadline for exclusion and objection is July 27, 2019. The final approval hearing is scheduled for Sept. 19, 2019.
Who’s Eligible
Individuals who, while located in California, called one or more of Volaris’ toll free telephone numbers between June 21, 2016 and June 23, 2017, spoke to a representative, and had their call recorded.
Potential Award
$22.66 per qualified call.
Proof of Purchase
N/A
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
7/27/2019
Case Name
Kindt v. Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V., et al., Case No. 19CV000373, in the Superior Court of the State of California, in and for the County of Napa
Final Hearing
9/17/2019
UPDATE: The California Volaris Call Recording Class Action Settlement was granted final approval on September 17, 2019. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 2: On Jan. 21, 2020, Top Class Actions viewers started receiving checks in the mail from the Volaris call recording class action settlement worth as much as $2,937. Congratulations to everyone who filed a claim and got PAID!
Settlement Website
VolarisCallRecordingSettlement.com
Claims Administrator
Volaris Call Recording Settlement Claims Administrator
c/o Rust Consulting Inc – 6547
PO Box 44
Minneapolis, MN 55440-0044
1-877-418-8086
info@VolarisCallRecordingSettlement.com
Class Counsel
Eric A. Grover
KELLER GROVER LLP
Scot Bernstein
LAW OFFICES OF SCOT D. BERNSTEIN APC
Defense Counsel
Shelley Hurwitz
HOLLAND & KNIGHT LLP
If you live in California and you did not receive a warning when calling a toll-free number, your call may have been recorded in violation of California law, and you may be entitled to compensation. See if you qualify to file a California call recording class action lawsuit.
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47 thoughts onCalifornia Volaris Call Recording Class Action Settlement
The check showed up on informed delivery. What’s weird is that the checks were mailed on the 15th but the envelope has a postmark date of the 17th. They were either sent in batches or a delay occurred somewhere. Either way, I won’t know what I got until I get home.
$59.64 I got the check
I originally got something by mail last year with some kind of number, and number not to be shared I also submitted an application to be entered and gave the number that was given to me.In December I sent an email to department involved with settled ment ,they responded and said I’m included .
Oh I meant USPS informed delivery. It is a service offered by the post office. You sign up on the USPS website. About a week after signing up, you will get an email every morning with a picture of each piece of mail that you will get that day. That’s how my friend and I know that we are not getting the check today. We both already received the email this morning with the pictures of the mail that we are getting today.
I’m in Orange county, I will post once I have received something.
Did it show up in informed delivery for you?
Nothing in informed delivery for me or my friend today. I’m in the fresno area and she’s down in San Diego.
I’m happy , awaiting….
Has anyone else received their check that can confirm how much they received? ?
Got it today less than I expected but I have never seen a settlement take out taxes usually they give us the 1099 and we do our own taxes.I made over 1200 calls!!
Do you know how much you got per call? And did you confirm that they received your w9? I didn’t receive my check today and neither did my friend who did submit a w-9. I’ll let you guys know if her taxes are taken out. I do know that she emailed the lawyer’s office to confirm that it was received.
And at 1,200 calls you still got a nice check. Maybe the lawyer instructed them to take taxes out of your check so that you wouldn’t owe the taxes on your end next year. My sister received an $80k check from a lawsuit once and didn’t have taxes taken out, which she said she regretted the following year. Either way, you’ll be happy next year when you get that money back. But I do think that if your w9 was received, they should’ve reached out to you about this.
Thank you ?
FYI ALL
Settlement payments mailed on January 15, 2020 per the settlement website today!