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A class action lawsuit claims Allergan secretly records calls made to its 1-800-LAP-BAND number, during which people discuss private medical information, and then uses this information “for various business purposes.”
Plaintiff Sharon Toczynski alleges in the Allergan call recording class action lawsuit that she called Allergan’s toll-free number from her cellphone two times in April and June 2012 to obtain information regarding Allergan’s Lap-Band System. During these calls, she revealed sensitive, private and confidential information, including her first and last name, date of birth, height, weight and residential address, according to the class action lawsuit. Toczynski says she had no idea these phone calls were being recorded.
“Because Defendant failed to warn Plaintiff at the outset of the telephone conversations that the calls were being recorded, Plaintiff was deprived of the ability to either decline to participate in a recorded call, refuse to provide confidential information for which she had an objectively reasonable expectation of privacy, or modify the tone or speech to account for the fact that the conversation is being recorded,” the Allergan Lap Band class action lawsuit states.
Recording these telephone calls without first providing notice and first obtaining consent violates California’s Invasion of Privacy Act (CIPA), the class action lawsuit says.
The Lap Band call recording class action lawsuit is brought on behalf of all persons located in California who, within the past year, called Allergan and had their calls secretly recorded without warning. It is seeking statutory damages of $5,000 per violation of CIPA for each Class Member, in addition to other relief.
A copy of the Allergan 1-800-LAP-BAND Call Recording Class Action Lawsuit can be read here.
The case is Sharon Toczynski v. Allergan, Inc., Case No. 56-2012-424170-CU-BT-VTA, Superior Court of the State of California, County of Ventura. The Plaintiff is represented by Zev B. Zysman of the Law Offices of Zev B. Zysman.
Updated September 21st, 2012
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19 thoughts onAllergan 1-800-LAP-BAND Call Recording Class Action Lawsuit
I need to find help this lap band has band nothing but problems and last year they had to take it iut in an emergency situation
I had my lap band placed in 2004 at about 260 pounds. It was a huge life changing choice to make. And a lot of money. But it worked! My fills were hard at first due to travel and weather but I soon got into a routine. I moved to Wyoming where a gastric bypass doctor did my fills for about a year. I started having liquid come up from my stomach in the night and told him. He had hated my bad from the get go so when he stated I needed an esophagus test, I thought he was trying to dupe me into a removal and revision…as the last thing he said to me before my surgery was, oh I’ll see you back. You eventually will need a gastric bypass. That was 2008. My port had always seemed weird, especially in water where it would float up and I could even feel under the thing in water. But after the emergency right before Christmas removal, I became depressed and began weight gain. I have difficulties with swallowing still. And getting a revision is impossible now financially and maybe physically. I thought this was my tool for a healthy life and 35000 dollars plus was wasted.
I need help finding an attorney or the class action lawsuit folks please.
just had my lap band taken out 2 weeks ago on June 17, 2022 because couldnt eat or drink, swallowing issues, pain, reflex issues How do i go about filing a claim and where do i do it
How do you get help with finding an attorney or firm handling a class action suite for the lap band damaged?
I had my lab ban in since 2011 I had developed alot of medical issues.
Weight gain Gerd and erosion.
Also having my right colon removed on the 16th of May 2023.
Along with the lab-ban I had to seek another Dr to take it out..my barriatric said I had to have a medical reason to have it taken out.
I went to find another Doctor who would help me.
I’m praying everything goes well from here.
I got my band in 2010 and got a letter about my band being apart of the recall. Still have the letter. I’m now going about getting the band taken out because of slippage and port moving. But throught a different doctor. The first doctor wouldn’t believe me when i told him i was having problems.
my lap band has slipped and no longer works. the port has moved as well. how can i get this taken care of / i paid 14k cash to have this put in and it is now failing me. anyone with any info please email me as the surgeon who put it in wants more more to fix or take it out1