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On 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
Received in California same as everyone else. Thanks for that hotel being there
245.98 in CA. Quick question, how many people really are a part of this settlement and how many just filed a claim to get some extra cash?
I signed up for this lawsuit and have never even been to California. I’m not ashamed to admit it unlike a lot of people on here easily offended. I’d say that I really only get approved for one out of each seven lawsuits for California residents. Most of them to verify and those that verify always pay out the big bucks. The Howard Johnson one that did verify in December 2015 paid out over $1,000. I’ve also gotten money from each cipro settlement because there’s a different claim form for each state. I also got money from the milk one and I’ve never even been to that state. Don’t even remember the state that it was for lol! There’s another Cali lawsuit paying out in the next few days that I got a rejection notice for and they will probably get over $1,000 per check too
Which is going in a few days to see if I remember signing for it
Nevada property 1. I got a postcard saying that my number was not on the system like three weeks after I submitted the claim form. That one is the second highest payout in TCPA lawsuit history and less than 15,000 claims were approved so everyone should be getting at least $1,000
I do not feel entitled to anything that doesn’t belong to me. I assumed that Carol was submitting fraudulent claims based on her language towards me. Anyone who is part of a class wouldn’t be upset that another class member is upset that people filed fraudulent claims. I am not greedy or want all the money to myself. I am fortunate that I have a good job that pays my bills and affords me the luxury of being able to travel, hence my hotel stay. The people who file fraudulent claims are the ones who want the money all to themselves. There are been so many recent payouts that I didn’t even claim (clothing, whiskey, milk etc) because I do not use those products. Yet, I’m the greedy one according to you. I do not feel like it is right to take away from consumers who actually use the product. What’s done is done and this is my last comment on this really. Moving forward, I’ll make sure to read the approval orders and to see if the claims administrator is actually going to be verifying claims in TCPA lawsuits where they have been given telephone numbers and contact information by the business. I’m not sure why you think that there would be no merit in asking a judge to enforce that the claims administrator verify claims. That is one of the things that the class is paying them to do.
Because it will cost a crap load of money to do so and then your $245 wouldve been $10.00 and then you would complain even more. Its supposed to be $500 per violation and because of lawyers, fraud, etc etc you got what you got. Be happy and move on.
I am the person who said below that I have never been to California and have applied to numerous California lawsuits. Where did you get your numbers from? From where I stand, you are lying. I have been denied enough California lawsuits to know that those that verify pay out a lot more money than those that dont. Your numbers indicate that everyone would have gotten a $10 check had they verified. 32,000+ claim forms were approved for this one at a $245 pay rate. If everyone only received $10 check then that means that it would have cost the claims administrator $235 to verify each claim. $235 times 32,000 (# of claim forms submitted) means that it would have cost, based on your numbers, $7.5 million for the claims administrator to verify each claim form. Rust isnt even getting that much from the korean air one!! Quit playing and trolling people lol!
Got $245.98 in NJ !
I received my check today in California. $245.98
$245 In Cal
looks like the charities got a little less, about time
The money from this one was split evenly to everyone. Any money that’s left over from I cashed checks will be split between two charities
Julie your a moron. You can object until you turn blue in the face, they will toss it as frivilous. Nobody cares what you have to say.
They actually do take objections seriously if they have cause. That’s why the Korean air was held up for over a year. Some of the class felt like the claims administrators didn’t do their best to reach out to older Koreans and the judge took it very seriously. It’s also funny that Internet bullies say “no one cares what you have to say as if the class attorneys aren’t going to take advantage of making more money. Objections where someone objects to the cash amount are a pain in the ass, but other objections aren’t taken lightly
You are right about them not tossing objections so easily. You can object to any part of a class action lawsuit. Apparently no one in California read the approval order because it stated on there that any claim form submitted would be approved and that the attorneys were free to review the claim forms to verify them. A class member could have submitted an objection and asked the judge to force the claims administrator to review each claim form. Most previous California TCPA lawsuits where the claims administrator does verify each claim form have rejected over half of the submitted claim forms. All of this could have been presented to the judge to show the amount of fraudulent returns submitted in California TCPA cases. A class member could have submitted an objection and it would have been addressed on the date of the final order.
I will go as Mark #2 if the first Mark replies and I happen to read this again.
There is currently a California only lawsuit (t-mobile insurance) that’s been held up for months because someone from the class does not think that people are being paid enough. Again, this has been holding up the lawsuit for MONTHS and it’s a class member asking for more money. No judge is going to throw out a class member’s objection asking that the class action administrator verify each claim form in order to prevent fraud. There is nothing frivolous about preventing fraud. I bet the judge would have granted that order had a class member asked for it. Now the big winner is the class action administrator because they pretty much did a bunch of nothing. They received the claims and issued checks without even verifying claims.That sounds more frivolous to me. There’s also nothing greedy about this. A member of a class deserves all of the money that they can get. I would be pretty upset too if people were taking away from my rightful cut.
And by the way, you are an Internet bully when you tell people that no one cares what they have to say. What makes what they have to say less important than the next person? Just because you find a comment ignorant does not give you the right to be rude to someone. I’m sure you wouldn’t like it if a man were to tell your mother/sister/daughter that no one cares about what they have to say. The administrators of this website really need to do a better job at monitoring posts that do not contribute to an adult like conversation
Received check today in NJ in white evnvelope total was $245.98
Same here, exact same amount
@carol How am I being greedy? Maybe people like you should stop committing perjury. I wouldnt expect any less from a woman who cant address another person without an attempt at using insulting words. Where is your source about needing my own attorney once I object to three claims? And why would I need an attorney? You do not need an attorney to object to some part of the settlement, all you need to do is submit a letter that both sides will discusses and that a judge will make a recommendation on before ruling on it.