On January 27, 2012, Keller Grover as lead counsel filed a class action complaint against StubHub, Inc. alleging that StubHub violated California’s Invasion of Privacy Act by recording telephone conversations between consumers and a StubHub customer service line without first providing notice to consumers of such practice and without obtaining consumer consent. The Invasion of Privacy Act protects the privacy rights of Californians by generally prohibiting the monitoring or recording of telephone conversations without first obtaining the consent of all parties to the conversation. In July of 2015, Keller Grover as lead counsel, settled a class action lawsuit against Stubhub, where StubHub was required to pay Class Members $425 per violation with a cap of $4,259.
St. Joseph Health Systems Data Breach Case
On April 2, 2012, Keller Grover filed a class action complaint against St. Joseph Health System and several of their acute care hospitals alleging the improper and negligent disclosure of personal and medical information associated with 31,800 California patients. According to the complaint, the personal and medical information was negligently made accessible and disclosed to members of the public when it was stored in an unsecured St Joseph Health System network folder that could be found using an internet search engine such as Google and accessed by anyone using the internet. The personal and medical information included patient names, body mass index, blood pressure, lab results, smoking status, lists of diagnoses, medication allergies, advance directive status, and demographic information such as spoken language, ethnicity, race, gender, and birth date from patients.
In August 2015, Orange County Superior Court Judge Kim G. Dunning preliminarily approved a settlement valued at $28 million with a minimum class member payout of $241 as well as other proposed benefits. If finally approved this settlement will represent the largest known medical data breach payout per class member. The final approval hearing is scheduled for February 3, 2016.
Click here to read the complaint.
In Re: Lithium Ion Batteries Antitrust Litigation
Keller Grover LLP represents a California consumer in a class action multidistrict litigation (“MDL”) alleging a multi-year conspiracy among Japanese and Korean corporations and their U.S. subsidiaries to fix the prices of lithium ion battery cells, the chemical core of rechargeable batteries found in consumer electronics products including cell phones and laptop computers.
The MDL case In Re: Lithium Ion Batteries Antitrust Litigation, Case No. 13-MD-2420 YGR is proceeding in the Northern District of California.
Carters Retail, Inc.
In January 2009, Keller Grover as lead counsel filed a wage and hour class action lawsuit against Carter’s Retail Inc., that alleged misclassified its store managers and owes them back overtime and compensation for missed meal and rest periods. The lawsuit alleged that Defendant Carters Retail, Inc., has misclassified store managers in California as exempt from overtime in violation of California law. In August 2010, Keller Grover settled on behalf class members a settlement of $434,000.
Payless Text Message Spam Case
Keller Grover was co-counsel in this nationwide class action lawsuit filed on or about October 29, 2009 against Payless Shoesource, Inc., Collective Brands, Inc., and Voice-Mail Broadcasting Corporation d/b/a Voice and Mobile Broadcast Corporation a/k/a VMBC, (“Payless”) alleging that Payless violated the Telephone Consumer Protection Act (“TCPA”), 47 USC В§227 for sending text messages to cell phones without prior express consent. On March of 2012, the parties settled the class action for an estimated value of $6 million.
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