Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
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
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
19 thoughts onAllergan 1-800-LAP-BAND Call Recording Class Action Lawsuit
Had a band put in back in 2006.
port broke about 2011.
now in 2016, I believe the band has slipped, and the port is also broken.
I have severe stomach pains where the port is!
I cannot vomit even if I try to!
and I’m in a lot of pain right now..
saw my doctor that did the surgery, his solution is to just pay for another redo!
but I’ve lost faith in the long term affects of the band…and I am worried for my health at this point!
My Doctor just kinda stared at me, like something that’s happened before and here’s another one!
what do I do?
Acid reflex …2 slipps port put in wrong ..its a recall …
I am having my lap band removed on 9/30/15 due to that it is disintegrating and pushed into my stomach creating a hole . The hospital bill will be over 50k because my insurance no longer covers Bariactric surgery. If you have a Realize band I will join you in a lawsuit. Let me know,
I have had my lap band removed after 6 years of complications. Please tell me how to sign up for a class action lawsuit. I would at least like to get what I paid out of pocket back. I would not recommend the band to anyone.
My said asid reflex Dr.said is worried it will rot my lungs..
No Dr.will touch me ..my Dr put my port in wrong and I have 2 slips …also doc.papers saying I have cancer now after my surgery
No Dr.will touch me Dr.put port in wrong and I have 2 slips ..also cancer after my surgery I have doc.for this
How do I file I had to have my band removed in February 2015 from complications
I can’t get my medical records..2 slipped And now another
Has anyone contacted you
No…I was never contacted by anyone..I feel like a guinnepig…I’m sick alot
I have the lap band got it Feb 22 2010 how do I find out about this lawsuit