SuperCare call recording $750K class action settlement

SuperCare agreed to a $750,000 settlement to resolve claims it illegally recorded consumer calls without consent.

The settlement benefits consumers who had at least one phone call recorded without their consent by SuperCare between Jan. 30, 2019, and Oct. 4, 2022.

SuperCare is an in-home provider of respiratory care for patients who have been released from the hospital. The company offers services and programs to help treat COPD, sleep apnea and other respiratory diseases.

According to a class action lawsuit, SuperCare recorded consumer phone calls without getting express consent. The plaintiff in the case says he returned a phone call from SuperCare but was shocked to hear a warning that the company was monitoring and recording calls. He allegedly confirmed with a SuperCare representative that both incoming and outgoing calls were recorded. 

However, the plaintiff says he never gave actual or constructive consent to record these calls.

“At no point did plaintiff have a reasonable expectation that any of the calls initiated by [SuperCare] were being recorded especially because such private and sensitive subjects, including but not limited to plaintiff’s private and sensitive information, including sensitive medical information, were discussed,” the call recording class action lawsuit contends.

The class action lawsuit accused SuperCare of violating California call recording laws. The state’s laws require all parties on a call to consent to being recorded before the recording takes place. Although the pre-recorded message for incoming calls met these requirements, the plaintiff argues no message was provided for outgoing calls to himself from SuperCare.

SuperCare hasn’t admitted any wrongdoing but agreed to a $750,000 class action settlement to resolve these allegations.

Under the terms of the settlement, class members can receive a cash payment. 

Exact payment amounts will vary depending on the number of class members who submit a claim with the settlement. Each class member will receive a pro rata share of the net settlement fund, estimated to be $370,000 after fees and costs are deducted.

Any excess funds after payment distributions will be donated to Public Justice and Epic as cy pres recipients. No funds will revert back to SureCare after the settlement is closed.

Class members can update their contact information on the settlement website.

The deadline for exclusion and objection is Jan. 22, 2023. 

The final approval hearing for the settlement is scheduled for March 7, 2023.

In order to receive settlement benefits, class members must submit a valid claim form by Jan. 22, 2023. 

Who’s Eligible

Consumers who had at least one phone call recorded without their consent by SuperCare between Jan. 30, 2019, and Oct. 4, 2022

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

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

01/22/2023

Case Name

Vaccaro, et al. v. Super Care Inc., Case No. 20STCV03833, in the Superior Court of the State of California for the County of Los Angeles

Final Hearing

03/07/2023

Settlement Website

SuperCareSettlement.com

Claims Administrator

Super Care Claims Administrator
PO Box 4285
Baton Rouge, LA 70821
info@SuperCareSettlement.com
855-954-3786

Class Counsel

Todd M Friedman
Adrian R Bacon
LAW OFFICES OF TODD M FRIEDMAN PC

Defense Counsel

Craig J Mariam
GORDON & REES LLP