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. Reena says:

    Jenna should refrain from saying that people are acting young right after stating that she has talked down to people on the site. Oxymoron much? Personally,

  2. Sean says:

    For the love of SpongeBob everyone. If you are lucky to file a claim and you are getting SOMETHING, you should be thankful that this company agreed to settle. Take your check and be happy. I am. I received my yesterday on the 28th and it was a blessing.

  3. Sherene says:

    I was married in Napa valley and many of my guests stayed at the holiday inn in Napa valley. I received two claim postcards with two different claim numbers because I’ve always stayed with the intercontinental hotel group when traveling for business and created a separate account for my wedding party. Those records had my maiden last name. I received a claim form at my address now, which is the address under my work account, and one at my parents home because that’s where I lived before marriage. Many of my wedding guests also received these postcards. I know this because many of my guests who don’t stay with the hotel group called me wanting to know what this was all about

  4. Greg says:

    This one did have incoming phone numbers available and many of those phone numbers had email addresses and/or physical addresses attached to them. The claims administrator then back traced the ones that they only had phone numbers for in an attend to find contact information. Six continents sent them 600k+ unique numbers/addresses. This is the same procedure that has happened in every tcpa lawsuit. This lawsuit did not require the claims administrator to verify the claims for whatever reason. What I have just said can be verified if you read the court documents that are posted on the website. so, this was not a case of the parties not having any information to use. All businesses are able to get a list of incoming not calls from the phone provider. As a consumer, you can also request a list of all incoming calls to any of your numbers and your provider will provide you with this list for a nominal fee if you can no longer access it online. its interesting that you received a check for a lawsuit without reading the settlement agreement, final judgement, or final order. What I just said is in those documents. You should just be glad that you received a check after committing perjury and stop being rude to people on here. You aren’t even a true class member on this yet you are rude to people who are.

    1. Greg says:

      Discourage people from filing? This lawsuit split the money evenly among the class. Why do people on this site think that the class administrators discourage people from applying? What for? The less claim forms that they have, the less billable hours they can claim. There was no leftover money on this one when the checks were sent out. And too much time on my hands researching all of these lawsuits? The legal paperwork is listed on the website. I read things before signing my name to anything. You could be excluding yourself from making a certain claim in the future all because you just wanted to sign up for a $10 check. An example of this are all of those people signing up for those Cipro checks. Cipro is currently the strongest antibiotic on the market. It changes your liver count within weeks. I do not understand get why someone would sign up for all of the lawsuits in the different states. That is clearly fraud and if any medical issues ever come up after using Cipro, these people will have limited legal recourse because they committed perjury by signing up for some $40 checks here and there. You can bet that they are mailing a check to the same address claiming to have lived in 15 states during the same time period.

      1. Greg says:

        I did not write my last line out correctly. I meant to say that you can bet that they, Cipro, know that they are mailing a check to the same address that is filling out these claim forms. Cipro knows that they are mailing checks to the same address claiming to have lived in 15 different states during the same time period.

    2. Greg says:

      I am not sure if you were talking to me or not, but I was not checking Carlos for his grammar, I was merely stating that I know it is the same Carlos who has been rude to people on these pages for years because the grammar and use or certain words has been consistent. I sign up for as many lawsuits as I can too but I am not going to be like Carlos and be rude to a class member who was a real class member and is complaining about receiving less money because of fraudsters. I do not blame them for being upset. However, Carlos always talks down to them and is outright rude. He then spews lies, like that $10 figure, and continues to spew lies if someone tells him that its not true. He just needs to stay out of it and cash his check. Let people who have a legit reason to be upset be upset. At the very least he does not need to say that people are dumb, uneducated, or idiots if they say something that you do not like or disagree with.

  5. Stephen says:

    I’m not attempting to give legal advice so your term backyard lawyer doesn’t apply to me. I’m just stating that I am confused where your numbers are coming from. All of the call recording and text lawsuits out of California that have been verified have always paid out more than the ones that are not verified. I know this because I have applied to all of them and have always been denied for the ones that paid out the big bucks. This statement is not legal advise.

  6. Stephen says:

    Shoot and I forgot to say that the claim form for this one could only be mailed in so I lost out on postage and gas to the post office lol!

  7. Greg says:

    Looks like the script on this page doesn’t allow the use of quotations marks. that’s why my statement above has \ \ \

  8. Greg says:

    Everyone ignore Carlos. He has been on most of the pages for class action lawsuits for years and has always found his way over to the California side of things even though he lives in New Jersey. Just google \topclassaction carlos nj/new jersey\ and you will see the same… a \carlos\ posting and then describing the envelope that the check came in just like he did above. The style of writing and incorrect use of certain words at eh same. If the lawsuit pays out hundreds of dollars, and this Carlos doesn’t get a check, then you can find him on pages complaining and saying that the lawyers are being paid too much and that the class administrator are crooks. But let him get paid and he is mad that people are even questioning why so many people were approved! You can continue reading on and find that he is rude to posters on there as well. It is his style. He claims to know so many facts when in fact he doesn’t. He is on here saying that it would cost a lot to verify claims when in fact it wouldn’t cost that much more because the plaintiff sends over class member information to the claims administrator in a kind of file that easily cross reference the class information. In fact, Kurtzman has it synched to their systems so you cannot submit a claim form for these kind of lawsuits if your number was not given to them by the plaintiff. You would have to call them so that they can mail you a claim form and then you send it back with your phone records that you placed an outgoing call. He exaggerated and told a poster above that the claims would have been $10 had the claims administrator had verified but that’s not true because there are enough lawsuit payments to prove otherwise (howard Johnson, 1-800-contacts, soon-to-be mirkarimi payment). Those that are verified always get a higher payout.

    1. Greg says:

      Unemployed? I replied last night outside of normal business hours. I did not question your employment, nor do I care how you make your money, so why do you feel the need to tell me about your income source? I was not bashing your typos, I was merely stating that they are the same across the board, which means the same carlos (you) are consistent in how you talk to people across the site. If they dont agree with you then you accuse them of being a backyard lawyer (looks like you already did that here), or working for the class administrator (how is your friend who works over at rust doing? are they still accusing their employer of being crooks?), of being greedy (they are only greedy when you get money from something that you didnt qualify for), and then go on and accuse people of being uneducated (says the man with the typos who claims that he has advanced degrees in education in criminology). Im sure that you will be on the korean air page when the checks are distributed so see you over there!

  9. Deana says:

    Anyone in California still not receive a check yet??

  10. Top Class Actions says:

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

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