Dermalogica call recording $1M class action settlement

Dermalogica agreed to a $1 million settlement to resolve claims it unlawfully recorded phone calls with consumers in California. 

The settlement benefits consumers in California who placed a call to or received a call from a Dermalogica customer service number between May 26, 2019, and June 23, 2020.

Dermalogica is a skincare brand that sells its products online, at retailers and in spas. Consumers with questions about orders and products can call the company directly to speak with customer service representatives.

According to a class action lawsuit against the company, Dermalogica intentionally recorded consumer phone calls without consent. Because California is a two-party consent state, all parties involved in a recording need to consent to recording in order for it to be legal. The plaintiffs contend they were never warned that their phone calls would be recorded either by a customer service representative or through a recorded warning at the beginning of the calls. 

“Because there was no warning that Plaintiff’s call would be recorded or monitored, Plaintiff had a reasonable expectation that her telephone conversation with Defendant’s employees and agents was, and would remain, private and confined to the parties on the telephone,” the Dermalogica argues.

“That recording and/or monitoring occurred without her consent, is highly offensive to Plaintiff and would be highly offensive to a reasonable person.”

Plaintiffs in the case say this phone call recording violated California’s Invasion of Privacy Act. The Invasion of Privacy Act is a robust law that protects against a number of actions including call recording. The Dermalogica class action lawsuit sought $5,000 per violation under this law.

Dermalogica hasn’t admitted any wrongdoing but agreed to a $1 million class action settlement to resolve these allegations.

The $1 million settlement includes $800,000 in cash benefits and $200,000 in vouchers. 

Under the terms of the settlement, class members can receive both cash payments and vouchers. Both forms of payments will vary in amount per class member, depending on the number of claims filed and other factors. 

Each claimant will receive an equal share of the settlement fund.

The deadline for exclusion and objection is Sept. 27, 2022. 

The final approval hearing for the Dermalogica settlement is scheduled for Dec. 9, 2022.

In order to receive settlement benefits, class members must submit a valid claim form by Sept. 27, 2022.

Who’s Eligible

The settlement benefits consumers in California who placed a call to or received a call from a Dermalogica customer service number between May 26, 2019 and June 23, 2020.

Potential Award

Varies

Proof of Purchase

Provide the telephone number(s) you used to place or receive each qualifying call.

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

09/27/2022

Case Name

Macomber v. Dermalogica, LLC, Case No. 37-2020-00020451-CU-BT-CTL, in the Superior Court of California, County of San Diego

Final Hearing

12/09/2022

Settlement Website

SkinCareCallRecordingSettlement.com

Claims Administrator

Skin Care Call Recording Settlement Claims Administrator
c/o KCC Class Action Services
P.O. Box 6175
Novato, CA 94948-6175
info@SkinCareCallRecordingSettlement.com
844-585-2608

Class Counsel

Eric A Grover
KELLER GROVER LLP

Scot Bernstein
LAW OFFICES OF SCOT D BERNSTEIN PROFESSIONAL CORPORATION

Defense Counsel

Michael J Duvall
Peter Z Stockburger
DENTONS US LLP

Michael E Pappas
LESNICK PRINCE & PAPPAS LLP