Ashley Milano  |  September 21, 2016

Category: Closed Class Actions

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Cabela's Retail Store Exterior

A proposed $3.85 million class action settlement has been reached between Cabela’s and a group of customers who allege the retailer illegally recorded telephone calls in violation of California law.

Specifically, the class action lawsuit claims that Cabela’s Wholesale Inc. recorded telephone calls of persons located in California who called the company via its toll-free customer service lines without telling callers that the conversations may be recorded.

The California Invasion of Privacy Act (CIPA), Penal Code section 632, prohibits the intentional recording of “confidential communications” without the consent of the called party, and also protects “reasonable expectations” of consumers that calls won’t be monitored.

Plaintiffs Michael Saunders, Gary Wasson, Joseph Nicols, and Ralph Schub contend that when they called Cabela’s toll-free line from locations in California, a Cabela’s customer service representative failed to disclose that their conversations were being recorded at the onset of the calls.

Because there were no warnings that the calls would be recorded, the plaintiffs had a reasonable expectation that their telephone conversations with Cabela’s employees and agents were and would remain private and confined to the parties on the phone.

During discovery proceedings and negotiations, it was determined that approximately 150,000 telephone calls were made from approximately 88,000 unique telephone numbers with a California area code during Dec. 12, 2012 through Feb. 18, 2014 and approximately 326 telephone calls were made from approximately 184 unique telephone numbers with a non-California area code tied to a California address.

Cabela’s denies these claims but has agreed to settle to avoid the uncertainty, expense and burden of litigation.

Class Members who wish to object to the terms of the settlement or wish to be excluded from the settlement must do so by Dec. 21, 2016.

Who’s Eligible

You are a Class Member if you are a natural person who called one or more of Cabela’s toll free telephone numbers during the period Dec. 12, 2012 through Feb, 18, 2014, inclusive while you were physically located in California and spoke with a representative of Cabela’s, provided that you were either a California resident at the time such call was made or used a phone number with a California area code to place such call (even if you were not a California resident).

Cabela’s has a record of every telephone number that called its toll free telephone numbers during the Class Period.

If you received notice of this proposed settlement by U.S. mail, email or otherwise, there are records indicating that you might be a member of the Class entitled to submit a Claim Form.

You may be a Class Member even if you did not receive notice by U.S. mail, email or otherwise.

If you are not sure whether you qualify, you can contact the Claims Administrator by calling 1-844-528-0183 or by email at CabelasRecordingSettlement@Hefflerclaims.com to ask whether your telephone number or numbers appear on the list of calls routed through the call recording software during the Class Period.

Potential Award

$100 – $5,000.

After class action notice and administration fees and costs, a service payment to the Class Representatives, and Class Counsel’s attorney’s fees are deducted, the entire remaining amount will be divided up amongst all Class Members who submit timely and valid Claim Forms based on the number of qualified calls made by those Class Members.

Although the actual amount paid out to Class Members will depend on the number of individuals who submit timely and valid Claim Forms, based on claim rates in similar cases, it is expected that eligible Class Members who submit a timely and valid Claim Form will receive approximately $100 per qualified call but not more than $5,000 per call.

Proof of Purchase

N/A.

However, in order to submit a Claim Form online you must provide your six-digit Claim ID # that can be found on the email notice you may have received, or on the Claim Form that was sent to you by U.S. Mail along with the Class Notice.

You may also obtain the required code by contacting the Claims Administrator at 1-844-528-0183 or by emailing CabelasRecordingSettlement@Hefflerclaims.com.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

12/21/2016

Case Name

Saunders v. Cabela’s Wholesale Inc., Case No. CGC-14-537095, in the Superior Court of the State of California, for the County of San Francisco

Final Hearing

01/31/2017

Claims Administrator

Saunders v. Cabela’s Wholesale Inc.
c/o Heffler Claims Group
PO Box 59239
Philadelphia, PA 19102-9239
844-528-0183

Email: CabelasRecordingSettlement@Hefflerclaims.com

Class Counsel

Eric A. Grover
KELLER GROVER LLP

Steven L. Miller
STEVEN L. MILLER, A PROFESSIONAL LAW CORPORATION

Defense Counsel

K&L GATES LLP

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7 thoughts onCabela’s California Call Recording Class Action Settlement

  1. kenneth H Boyd says:

    We sent in a claim form on 11-10-2016, I have a claim number as well, but never heard another word about this.. How do I follow up? The website that was given for information is now spam as well..

  2. Tom R says:

    Check today in Calif. $73-Somewhat dissapointing!

  3. Craig Curtis says:

    I was wondering how many times I called

  4. Michael Robert rixie says:

    I was wondering if my claim form had gotten to whoever it needed to get to

    1. greg says:

      If you mailed one in then I would suggest calling them or e-mailing them. You can also contact the attorney. If it didn’t arrive then they may be able to accept another one if you get it in ASAP before the last court date. It’s always best to attach a tracking number to claim forms that you will mail in.

  5. Eric Kaiser says:

    I would like to know, how many times I’ve called and place orders over the phone with cabelas?

    1. Terry says:

      Four times.

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