California FRHI Hotels and Resorts Call Recording Settlement

A $3.5 million class action settlement will benefit California consumers who were allegedly recorded by FRHI Hotels & Resorts in violation of state privacy laws.

Plaintiffs Mike Spitzer and Michelle Macomber claim defendant FRHI Hotels & Resorts (Canada) Inc. violated California laws that prohibit the unconsented recording of phone calls.

According to the plaintiffs, FRHI maintained a policy and practice of recording phone calls placed to its toll-free reservation and customer service phone lines without first getting the consent of all parties to the conversation and without even alerting the caller to the fact that the call was being recorded.

Both Spitzer and Macomber are residents of California. They each say they called FRHI’s phone numbers in 2016, then later found out that those conversations had been recorded. The plaintiffs say they did not consent to being recorded and could not have consented, since they were never informed about the recording.

Spitzer and Macomber say sensitive information may be exchanged in the conversations allegedly recorded by FRHI – information like names, credit and debit card information, as well as address and telephone information. All this sensitive information could end up being recorded without the caller’s knowledge or consent, they claim.

The plaintiffs allege that by recording phone calls without callers’ consent, FRHI has violated the California Invasion of Privacy Act. This law prohibits recording a conversation unless all parties to the conversation have consented to the recording. Persons whose calls are recorded without notice or permission can bring a civil suit to seek as much as $5,000 in statutory damages per violation or three times the amount of actual damages suffered.

FRHI agreed to this call recording class action settlement without admitting any liability. Under terms of the settlement, FRHI will create a settlement fund worth $3.5 million. This fund will be used to pay incentive awards for Spitzer and Macomber, class counsel’s attorneys’ fees and court costs, and the costs of administering the settlement.

The remainder will be distributed on a pro rata basis among qualifying Class Members who submit valid and timely claims.

Class Members who want to object to the settlement or exclude themselves from it have until March 15, 2018 to do so.

Who’s Eligible

Class Members include natural persons who called one or more of FRHI’s toll-free phone numbers from Dec. 2, 2015 through Nov. 28, 2016 while they were physically located in California, and who either were residents of California at the time of the call or placed the call from a phone number with a California area code.

FRHI has records of the phone numbers used to place calls to its toll-free lines during the relevant period. Persons who are not sure if they made a qualifying phone call can contact the claims administrator to confirm.

Potential Award

$100 (estimated)

Individual settlement payments will be determined in part based on the number of timely and valid claims received. Based on claimant response rates in similar cases, the settlement administrator estimates that qualifying claimants in this case may receive payments of around $100 per qualifying phone call.

Proof of Purchase

Class Members must provide the phone numbers from which they made qualifying phone calls. The online Claim Form requires claimants to submit the Claim ID number on the Claim Form issued to them with their notice of the settlement. Class Members who do not have their Claim ID number are asked to contact the settlement administrator.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

3/15/2018

Case Name

Spitzer, et al. v. FRHI Hotels & Resorts (Canada) Inc., Case No. CIVDS1712220, in San Bernardino County Superior Court, California

Final Hearing

5/16/2018

UPDATE: The California FRHI Hotels and Resorts Call Recording Settlement was granted final approval on May 16, 2018.  According to the settlement website, checks will be issued by July 13, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.FRHICallRecordingSettlement.com

Claims Administrator

Spitzer, et al. v FRHI Hotels & Resorts Inc.
c/o Heffler Claims Group
PO Box 58910
Philadelphia, PA 19102-8910
1-855-887-3478
info@FRHICallRecordingSettlement.com

Class Counsel

Eric A. Grover
Rachael G. Jung
KELLER GROVER LLP

Scot Bernstein
SCOT D. BERNSTEIN, A PROFESSIONAL CORPORATION

Daniel F. Gaines
Alex P. Katofsky
GAINES & GAINES APLC

Defense Counsel

Margaret Rosenthal
C. Dennis Loomis
BAKER & HOSTETLER LLP

Join a FREE California Call Recording Class Action Lawsuit Investigation

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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