Top Class Actions  |  December 21, 2018

Category: Closed Class Actions

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This settlement is closed!

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s'well bottle company

A California S’well Bottle call recording class action lawsuit has been resolved with defendants pledging to pay $2.3 million to affected consumers.

Can’t Live Without It LLC, doing business as S’well Bottle, recently agreed to resolve claims that the company illegally recorded calls to their toll free numbers without consent.

Class Members eligible for compensation under the settlement include California residents who placed a call to the S’well Bottle toll free number between March 16, 2017 and Feb. 13, 2018 and did not receive a warning that their call was recorded, nor did they consent.

The class action lawsuit against S’well Bottle claimed that recording calls without consumer consent is a violation of California call recording laws. These laws require businesses to disclose if they are recording calls and to obtain consent before doing so.

Under the S’well Bottle class action settlement, Class Members will be eligible for up to $5,000 in compensation – although actual compensation will depend on the number of participating Class Members. The settlement notice estimates that if all estimated 2,136 Class Members submit valid claims, each Class Member would receive $641.38.

Class Members have until Feb. 16, 2019 to file a valid claim.

The S’well Bottle settlement will also pay up to $805,000 in attorneys’ fees, up to $15,000 in court costs, administrative costs, and up to $10,000 to the lead plaintiff for his services in the litigation.

Plaintiff Edgar Fierro filed his California S’well Bottle call recording class action lawsuit in September 2018, seeking damages under the California Invasion of Privacy Act.

By settling the suit, S’well Bottle does not admit any wrongdoing. The settlement instead provides an opportunity for all parties to resolve the claims in a favorable manner while avoiding the costs and risks associated with continued litigation.

Who’s Eligible

California residents who placed a call to Defendant Can’t Live Without It LLC’s (S’well) toll-free telephone numbers between March 16, 2017 and Feb. 13, 2018 and were not informed that their call was recorded and did not consent.

Potential Award

Up to $5,000.

Proof of Purchase

N/A

Claim Form

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

2/16/2019

Case Name

Fierro v. Can’t Live Without It LLC d/b/a S’well Bottle, et al., Case No. STK-CV-UMC-2018-0012053, in the Superior Court of the State of California for the County of San Joaquin

Final Hearing

3/14/2019

Claims Administrator

S’WELL BOTTLE CLASS ACTION SETTLEMENT
c/o ILYM Group Inc.
P.O. Box 2031
Tustin, CA 92781
Phone: (888)250-6810
Fax: (888) 845-6185

claims@ILYMGroupClassAction.com

Class Counsel

Daniel F. Gaines
Alex P. Katofsky
Kenneth S. Gaines
Sepideh Ardestani
GAINES & GAINES APLC

Defense Counsel

Craig J. Mariam
GORDON REES SCULLY MANSUKHANI LLP

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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53 thoughts onCalifornia S’well Bottle Call Recording Class Action Settlement

  1. Tracy Ford says:

    TCA has this case been approved and are there any updates?

    1. Kay says:

      Someone posted a $5k check from this lawsuit on Facebook a few months ago

  2. Ponyta says:

    TCA any updates??

  3. James. Cocce says:

    Add me also

  4. Jessica Luongou says:

    People this is not how you get added to the lawsuit. You need to have made a call to them and been recorded as well as be a California resident when you made the calls.

    1. James Blatt says:

      Live in Cali here

  5. Rebecca says:

    Add me

  6. TIMOTHY MILLS says:

    Add me please

  7. Krys Knight says:

    Add me please

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.