Lush Handmade Cosmetics must face call recording class action lawsuit, judge rules

Lush call recording class action overview:

• Who: A California federal judge denied a motion to dismiss a call recording class action lawsuit filed against Lush Handmade Cosmetics LLC.
• Why: Lush had argued that the court did not have personal jurisdiction over the company and that the plaintiff’s claims were insufficient.
• Where: The Lush call recording class action lawsuit was filed in California federal court.

A California federal judge has allowed a class action lawsuit against Lush Handmade Cosmetics LLC to proceed. The lawsuit alleges that the company violated California privacy laws by secretly recording customer service phone calls without consent.

Plaintiff Kelly Keskinen alleges in the Lush class action lawsuit that the cosmetic retailer intentionally recorded a phone call she made to the company without her knowledge, violating the California Invasion of Privacy Act (CIPA).

Lush filed a motion to dismiss the class action lawsuit, arguing that it was not subject to personal jurisdiction in California and that Keskinen lacked standing due to an “insufficiently alleged injury.”

However, in an order issued on March 11, U.S. District Judge Hernán D. Vera rejected Lush’s arguments and denied the motion to dismiss. Judge Vera found that Lush’s contacts with California were sufficient to establish jurisdiction and that Keskinen’s claims, including the alleged injury, were adequately pleaded.

Lush recorded calls with California customers, class action alleges

The class action lawsuit alleges Lush operates an interactive website accessible to California residents, allowing them to purchase products online, engage in live chats with customer service and sign up for email communications. 

Keskinen says she called Lush’s customer service number in August 2024. She claims she spoke to a Lush customer service representative who assisted her regarding the ingredients of certain products listed for sale on the website.

The plaintiff alleges Lush has a policy and practice of recording all incoming and outgoing calls, and that her conversation was illegally recorded without her knowledge or consent under this policy. 

Keskinen first filed the class action lawsuit in September 2024 and amended her complaint in December to allege a violation of CIPA for Lush’s failure to inform her that their phone call was recorded.

Wells Fargo and other companies recently agreed to pay $19.5 million to resolve claims that they violated California privacy laws by recording phone calls without consent.

What do you think of the allegations in this Lush class action lawsuit? Tell us your thoughts in the comments.

Keskinen is represented by Mark S. Greenstone of Greenstone Law APC and Marc L. Godino of Glancy Prongay and Murray LLP.

The Lush call recording class action lawsuit is Keskinen v. Lush Handmade Cosmetics LLC, et al., Case No. 2:24-cv-08860, in the U.S. District Court for the Central District of California.

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