Wynn Resorts Class Action Says Phone Calls are Recorded

On May 11, Wynn Las Vegas LLC and Wynn Resorts Holdings LLC were hit with a call recording class action lawsuit that accuses the companies of using recording equipment to record their conversations with callers without the callers’ knowledge or consent in violation of California law.

Plaintiffs Timothy Barrett and Shayan Kamrava allege that the Wynn defendants’ “policy and practice of recording telephone calls to and from their telephonic room reservation’s department without the consent of all parties violates California’s Invasion of Privacy Act,” according to the Wynn call recording class action lawsuit.

Barrett, a California resident, says that he communicated via cell phone with a Wynn representative to inquire about room rates. According to the call recording class action lawsuit, Barrett’s call lasted around two minutes, at which point he asked if the call was being recorded. The Wynn representative reportedly affirmed that the call was being recorded.

According to the Wynn call recording class action lawsuit, Wynn did not inform Barrett that his call would be recorded and did not obtain his consent to record the call.

Plaintiff Kamrava has a similar story. Kamrava, also a California resident, says he had at least one phone conversation on his cell phone during which he provided confidential information to a Wynn representative while making a hotel room reservation. He says he provided the representative with his name, address, phone number and complete credit card information.

According to the Wynn call recording class action lawsuit, Kamrava’s call lasted about 11 minutes. Toward the end of the call, he asked the representative if the call was being recorded. The representative reportedly responded that Wynn records all telephone calls.

The plaintiffs claim that Wynn’s “clandestine recording” was “highly offensive” to them. According to the Wynn class action lawsuit, they had a reasonable expectation that their phone conversations were private and would not be recorded.

“Plaintiffs had no reason for suspecting that any of their cellular telephone conversation/s with Defendants would be recorded,” the Wynn class action lawsuit states. “Had Plaintiffs known that the conversations would be recorded, Plaintiffs would not have given consent, nor divulged his personal and/or highly confidential information over the phone.”

By filing the call recording class action lawsuit, Barrett and Kamrava seek to represent a Class that includes: “All persons in California whose cellular telephone conversations with Defendants were recorded without their consent or knowledge by Defendants within one year prior to the filing of this action.”

Barrett and Kamrava are seeking an award of $5,000 per violation of California’s Invasion of Privacy Act to themselves and eligible Class Members. They are also seeking an injunction prohibiting Wynn from continuing to record phone calls without notifying callers and obtaining their consent, as well as attorneys’ fees and other costs.

The plaintiffs are represented by Abbas Kazerounian and Jason A. Ibey of Kazerouni Law Group and S. Masih Kazerouni of RKR Legal APC.

The Wynn Resorts Call Recording Class Action Lawsuit is Timothy Barrett and Shayan Kamrava v. Wynn Las Vegas LLC and Wynn Resorts Holdings LLC, Case No. 16-cv-01138-BAS-KSC, in the U.S. District Court for the Southern District of California.

UPDATE: The Wynn Resorts call recording class action lawsuit was dismissed on October 20, 2016.