A recording class action settlement has been solved as the defendants have agreed to pay $2.3 million to the affected customers. S’well Bottle who was doing business previously as Can’t Live Without It LLC will resolve all the claims, which says that the company has illegally recorded the calls with their toll-free numbers.
Not just they recorded their calls, but this recording was done without the consent of their customers.
The class members who are eligible for the claims include the residents from California who made a call to the S’well’s toll-free number. However, the calls must be placed between March 16, 2017, and Feb 13, 2018, and did not receive the warning that their call was recorded.
With this, the class action also claimed that recording calls without the client’s permission are the violation of California Call Recording Laws. According to this law, the business has to disclose if they are recording calls in any kind. Now, the S’well Bottle Class Action Settlement states that the members will be eligible for up to $5,000 in compensation, while the actual amount will depend on the number of Class Members who will be participating.
According to the settlement notice, if all the class members submit the valid claims, each class member will receive an amount of $641.38. The class members have until Feb’16, 2019 to submit a valid claim.
The S’well Bottle settlement has also agreed to pay the administrative costs, court fee, attorney fee, and the costs of lead plaintiff for his services. The plaintiff has filed this settlement in September’2018 by looking for the damages under the California Invasion of Privacy Act.
S’well is settling the suit but does not admit any wrongdoing.
Settlement Website: https://californiaswellcallrecording.com/
Are You Eligible?
The California residents who have placed a call to the defendant S’well toll-free telephone numbers between Mar’16, 2017 and Feb’13, 2018.
Proof Of Purchase
Not Applicable
Potential Award
Up to $5,000
Claim Form Deadline
02/16/2019
Final Hearing
14/3/2019
Class Counsel
Daniel F. Gaines
Alex P. Katofsky
Kenneth S. Gaines
Sepideh Ardestani
GAINES & GAINES APLC
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
Defense Counsel
Craig J. Mariam
GORDON REES SCULLY MANSUKHANI LLP
Note: If you are a California resident and have received no warning while calling a toll-free number, the chances are that your call is recorded in the violation of the law.
Visit the settlement website and check if you are eligible for this settlement.
