Spitzer v FRHI (California class action settlement)
Dec 19, 2017, 9:48 am
#1
Original Poster
Join Date: Mar 2006
Location: (SJC)
Posts: 2,198
Spitzer v FRHI (California class action settlement)
Got a letter today about a Class Action: Spitzer, et al. v FRHI Hotels & Resorts (Canada) Inc.
Settlement Information
All natural persons who: (1) during the period December 2, 2015 through November 28, 2016, inclusive, placed a call while physically located in California to one of Defendant's toll-free telephone numbers and spoke with a representative of Defendant; and (2) was either a California resident at the time such call was made or used a phone number with a California area code to place such call regardless of residency, may be entitled to money from a class action settlement. This settlement covers those calls.
A proposed $3,500,000 class action settlement has been reached in the lawsuit Spitzer. et al. v. FRHI Hotels & Resorts (Canada) Inc., San Bernardino County Superior Court Case No. CIVDS1712220. The lawsuit claims that FRHI Hotels & Resorts (Canada), Inc. ("FRHI" or "Defendant") violated California laws that prohibit the recording of telephone calls without notice to or consent of callers. FRHI was the entity responsible for answering calls to Fairmont Hotel and Resorts toll-free telephone numbers. Defendant has denied the claims. Nonetheless, Defendant and the Settlement Class Representatives have agreed to settle the dispute to avoid the uncertainty and costs of further litigation and a trial.
Settlement Information
All natural persons who: (1) during the period December 2, 2015 through November 28, 2016, inclusive, placed a call while physically located in California to one of Defendant's toll-free telephone numbers and spoke with a representative of Defendant; and (2) was either a California resident at the time such call was made or used a phone number with a California area code to place such call regardless of residency, may be entitled to money from a class action settlement. This settlement covers those calls.
A proposed $3,500,000 class action settlement has been reached in the lawsuit Spitzer. et al. v. FRHI Hotels & Resorts (Canada) Inc., San Bernardino County Superior Court Case No. CIVDS1712220. The lawsuit claims that FRHI Hotels & Resorts (Canada), Inc. ("FRHI" or "Defendant") violated California laws that prohibit the recording of telephone calls without notice to or consent of callers. FRHI was the entity responsible for answering calls to Fairmont Hotel and Resorts toll-free telephone numbers. Defendant has denied the claims. Nonetheless, Defendant and the Settlement Class Representatives have agreed to settle the dispute to avoid the uncertainty and costs of further litigation and a trial.
Dec 19, 2017, 12:13 pm
#2
Join Date: Aug 2015
Posts: 324
I got it too. I filled out the info. Maybe I'll get a check in a few years.
Dec 19, 2017, 1:30 pm
#3
Join Date: Nov 2008
Location: YYC
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Posts: 2,768
Dec 19, 2017, 1:54 pm
#4
Join Date: Aug 2015
Posts: 324
*amends claim to be excluded from the class*
May 29, 2018, 8:33 pm
#5
Join Date: Aug 2015
Posts: 324
Got a letter saying I will get over $1200 in the settlement. How'd everyone else do?
May 29, 2018, 10:04 pm
#6
Join Date: Jan 2011
Location: YYZ
Programs: Accor ALL Diamond, AC Aeroplan 25K, Nexus/GE
Posts: 2,732
Wow. Is there anything that people won't try to sue for these days? Very sad what society has become.
May 30, 2018, 3:15 pm
#7
Join Date: Aug 2015
Posts: 324
I'm not too broken up about taking the money. Disregarding privacy laws isn't something I look kindly upon.
May 30, 2018, 8:41 pm
#8
Join Date: Jun 2011
Posts: 794
Just got a letter today, over 600. But I have to provide the W-9 form. Is this legit?
May 30, 2018, 9:47 pm
#9
Join Date: Aug 2015
Posts: 324
I looked into it too because of the W-9 requirement. Seems legit. You don't technically have to provide that form, but you may lose more in taxes.
Jun 1, 2018, 7:15 pm
#10
Join Date: Dec 2015
Location: Houston
Programs: DL Platinum, UA Silver
Posts: 37
Does anyone that received a letter know how many qualified calls they had? I haven't received a letter, trying to figure out how much each call was worth.
Jul 3, 2018, 12:50 am
#12
Join Date: Sep 2010
Location: San Francisco Bay Area
Posts: 5,825
Parting Gift - Did anybody else receive a settlement? (California only)
Just received a multi-hundred dollar check today from Fairmont! (Actually, from the firm managing the settlement agreement)
I am not sure how the math worked with regards to the dollar figure, but apparently I made enough calls to Fairmont during the period of time in 2015 - 2016 to qualify.
Unfortunately (and I am sure unintentionally), Fairmont did not notify callers that their call may be recorded. Which is against the law in California...
So I filled out the paperwork when I received it, expecting nothing (or perhaps a few gift certificates perhaps).
Instead, a pleasant surprise in the mail today!
I am not sure how the math worked with regards to the dollar figure, but apparently I made enough calls to Fairmont during the period of time in 2015 - 2016 to qualify.
Unfortunately (and I am sure unintentionally), Fairmont did not notify callers that their call may be recorded. Which is against the law in California...
So I filled out the paperwork when I received it, expecting nothing (or perhaps a few gift certificates perhaps).
Instead, a pleasant surprise in the mail today!
Jul 3, 2018, 8:32 am
#13
Join Date: Aug 2015
Posts: 324
See: https://www.flyertalk.com/forum/fair...er-v-frhi.html
Did you fill out the paperwork to get the check?
Did you fill out the paperwork to get the check?
Jul 3, 2018, 2:43 pm
#14
Join Date: Dec 2005
Location: Kirkland, WA
Programs: AS 75K,UA Gold 1.6MM, Hilton Dia, Marriott LT Plat, Hyatt Glb, Natl Exec, Hertz 5*
Posts: 3,657
Sweet! Do you feel it made up for any injuries or inconvenience you suffered as a result? 
Jul 4, 2018, 3:32 pm
#15
Join Date: Dec 2015
Location: Houston
Programs: DL Platinum, UA Silver
Posts: 37
Any other DP on checks received and location? Nothing yet in TX. (Former Bay Area resident.)