Karina Basso  |  July 2, 2015

Category: Consumer News

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Six-continents-logoOn June 30, a California federal judge gave preliminary approval and class certification for a proposed $11.7 million recorded call class action settlement, which would resolve claims that Six Continents Hotels Inc. recorded consumers’ service phone calls without their express consent.

Per the terms of the recorded call class action settlement, Six Continents has agreed to not oppose the plaintiffs’ motion for class certification. Magistrate Judge Nathanael M. Cousins granted Class certification, as well as preliminary approval of the Six Continents class action settlement and a motion to amend the original plaintiffs’ class action lawsuit.

Back in September 2012, Plaintiffs Laura McCabe and Latroya Simpson filed this recorded calls class action lawsuit against Six Continents and named two additional InterContinental Hotels Group PLC company units as defendants. In filing this Six Continents class action lawsuit, McCabe and Simpson seek to represent a Class consisting of 7,000 California residents whose phone calls to the hotel company’s customer service number were allegedly recorded without their permission.

According to the recorded calls class action lawsuit, the named plaintiffs and Class Members placed cell phone calls to Six Continents’ toll-free numbers to inquire about the hotels’ rates and reservations. McCabe and Simpson allege that during these phone calls, they and other consumers gave sensitive personal information (such as credit card information) to Six Continents, and were never informed during the call that conversation was being recorded.

Despite motions of summary judgment against the plaintiffs and the Class by the defendants, the Six Continents recorded calls class action lawsuit survived, and both parties entered into mediation talks in January of this year, leading to the current class action settlement agreement.

The Six Continents class action settlement states that the hotel company will pay $11.7 million, which includes payment of attorneys’ fees and Class costs. Six Continents has further agreed to inform those associated with the telephone numbers that were routed to the company’s call centers, of the opportunity to join the recorded calls Class.

Eligible Class Members will have until Dec. 13, 2015 to submit their claims or file objections to the Six Continents class action settlement. Judge Cousins states that if all potential Class Members submit claims and proposed settlement award is given final approval, then it is likely that each Class Member will receive about $10.82.

Information about how to file a claim for the Six Continents call recording class action settlement was not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

The plaintiffs are represented by Carey Gaven Been and Eric A. Grover of Keller Grover LLP and Scot David Bernstein of the Law Offices of Scot D. Bernstein.

The Six Continents Hotels Recorded Calls Class Action Lawsuit is McCabe, et al. v. Six Continents Hotels Inc., Case No. 3:12-cv-04818, in the U.S. District Court for the Northern District of California.

UPDATE: Claim filing instructions for the Six Continents Hotels call recording class action settlement are now available! Click here or visit www.HotelCallRecordingSettlement.com for details.

UPDATE 2: According to the settlement website, checks will be mailed out no later than Apr. 22, 2016. If you filed a timely and valid Claim Form keep an eye on your mailbox, your pay-out should be arriving soon!

UPDATE 3: On Apr. 25, 2016, Top Class Actions readers started receiving settlement checks worth as much as $245.98.

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60 thoughts onSix Continents Call Recording Settlement Wins Preliminary OK

  1. anonymous for work says:

    Im a law student interning at a law firm this summer. I am researching this case for another call recording case that my boss is going to file. Verifying phone numbers does not cost that much more in the grand scheme of things but it is something that the class representative in the case has to ask for. More often than not, they dont care because they are going to receive their check worth as much as $15,000 a few weeks after the final order. The business entity, six continents hotels in this case, would have sent over an excel file of sorts with all of the names and phone numbers. It is not some complicated process since we all know how easy it is to search for something in an excel file. My boss is involved in another TCPA lawsuit that was not mentioned on this website. The defendants in that case asked to see the list of people who filled out a claim form in order to verify them. The claims administrator was not going to do this because it was not asked of them in the final settlement agreement. The business in question took it upon themselves to verify them and many of the people who filed not on the list of phone numbers that were automatically dialed. They defendants may be preparing to file an appeal, who knows. I just wanted to point this out considering that I read all of these comments. The claims administrators will do what they can to squeeze every dollar out of their payment. If they had been asked to verify each number then they would have. Yes, it would have cost more, but the final payouts are always higher for valid claim forms in the end.

  2. Carlos says:

    Hello everyone, got my check.

  3. Jeff says:

    Carlos is the same person typing under multiple names. I have caught him on another page recently using the same names and typing the same, such as typing a$$.

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