Update: The Court granted final approval on May 16, 2018. Settlement checks that are less than $600 are expected to be issued by July 13, 2018. Settlement checks that are $600 or more require that we collect completed IRS Form W-9s. We will begin the process of collecting the W-9s shortly and expect to issue checks that are $600 or more in August and September.
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.
Your Legal Rights and Options:
Participate in the Settlement: If you wish to receive a Settlement Payment you may submit a claim on this website under “Submit Claim”. The claim form must be completed and submitted online by 11:59 p.m. PST on March 15, 2018, or postmarked no later than March 15, 2018.
Exclude Yourself: If you ask to be excluded, you are not eligible to receive a Settlement Payment or other Settlement Benefits from this lawsuit, and you cannot object to the terms of the settlement. If you do not wish to participate in the Settlement, you must send a letter requesting exclusion postmarked no later than March 15, 2018 or else you will be bound by the Settlement.
Object: You can ask the Court to deny approval of the Settlement by filing an objection. Objections must be postmarked no later than March 15, 2018. If you submit a timely objection to the Settlement, you may also indicate in the objection whether you wish to appear in court and be heard at the time of the Final Approval Hearing.
Do Nothing: If you do nothing, you will not receive any Settlement Payment. By doing nothing, you will be deemed a member of the Class and will be subject to the terms of the Settlement.