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Class Action Lawsuit Accuses Cosmopolitan Of Recording Phone Calls

By Chuckmonster on Thursday, 24th September 2015 12:21pm
  » filed under Las Vegas  comments: 3

   

MIRKARIMI V. NEV. PROP. 1, LLC, a class action lawsuit brought by Sasan Mirkarimi, a lawyer based in San Diego, alleges that Nevada Property 1 LLC, d/b/a The Cosmopolitan of Las Vegas have illegally engaged in recording of phone calls without consent.

All natural persons who, while physically present in the State of California, either: (a) placed a telephone call to The Cosmopolitan between July 12, 2011 and August 3, 2012 that was recorded by The Cosmopolitan; or (b) received a telephone call from The Cosmopolitan between July 12, 2011 and February 20, 2015 that was recorded by The Cosmopolitan.

Y'know when you call customer service and the recording says "Calls may be recorded for quality assurance purposes"... the Cosmopolitan must have forgot to append this disclaimer.

The central issue common to all the proposed Class members is whether Defendant violated the California Invasion of Privacy Act by recording their telephone conversations without prior notice or consent, and if such calls gave rise to an objectively reasonable expectation of privacy. A common allegation underpinning that issue is that The Cosmopolitan maintained standardized procedures for recording customer calls, with no procedures for obtaining prior consent.

The plaintiff and defendant have reached a settlement in the case, agreeing to pay $14.5 million dollar settlement (expected to be $10m after attorneys fees) to the class, agree to cease recording all phone communications for three years "The Cosmopolitan denies any and all allegations of liability, fault or wrong doing."

If you can produce phone records that show you called or were called from any of the above numbers between July 12, 2011 and February 20, 2015, you may be eligible for a piece of the payout!



Tagged: cosmopolitan   lawsuit   privacy   comptrolling   





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Comments & Discussion:

I seem to recall that there is something in Nevada law that allows someone within the state to record phone calls without the consent of the party on the other end. This is why some of the most infamous prank callers (Like the Touch Tone Terrorists) did their calls out of Nevada. The prank calls on Crank Yankers also originated from the Las Vegas area because of this law.

$14 million because they recorded calls. You have got to be kidding me. The "award" should have been a coupon for %10 off a weekday night...that expires two weeks from now.

My calls from them regarding my shiiiiiiitttty wraparound suite must have been recorded as well. Probably won't even go after it.



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