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1800 Contacts Class Action Settlement

California consumers who called or received a telephone call from 1-800 Contacts Inc. between 2011 and 2012 have until Nov. 14, 2013, to participate in a class action settlement over claims the company secretly recorded the phone calls.

The 1-800 Contacts settlement is part of a class action lawsuit (Reed v. 1-800 Contacts) alleging the company recorded telephone calls received from or placed to California in violation of California law. The company denies the allegations but has agreed to pay $11.7 million into a class action settlement fund to compensate consumers and resolve the litigation.

Class Members of the 1-800 Contacts settlement include anyone who, while present in California, participated in at least one recorded telephone call with 1-800 Contacts Inc. between Aug. 15, 2011, and Sept. 10, 2012.

Class Members who submit a valid Claim Form postmarked no later than Nov. 14, 2013, will receive a pro rata share of the class action settlement after payment of attorneys’ fees, litigation expenses, a service payment to the plaintiff, and the costs of administration. Claim filing instructions can be found below.

A Final Approval Hearing will be held Dec. 16, 2013.

The case is Reed v. 1-800 Contacts Inc., Case No. 12-cv-02359-JM-BGS, U.S. District Court for the Southern District of California.

Top Class Actions LLC

How to File a Claim for the 1-800 Contacts Pone Call Class Action Lawsuit Settlement

 

Website of the Class Action Lawsuit Settlement Administrator: www.1800ContactsSettlement.com

Address to submit a claim form (REQUIRED):

Claim Forms must be mailed to the following address:

Claims Administrator, c/o Rust Consulting, Inc.,
P.O. Box 3041, Faribault, MN 55021-2641

Claims must be postmarked by: 11/14/13

Potential Award:

A cash award based on a pro rata share of the class action settlement fund after all expenses have been paid.

Settlement Administrator:

Rust Consulting Inc.
P.O. Box 3041, Faribault, MN 55021-2641
1-888-261-9752
info@1800ContactsSettlement.com

Class Counsel:

James F. Clapp
James T. Hannink
Zach P. Dostart
DOSTART CLAPP & COVENEY, LLP

Defense Counsel:

Michael J. Tuteur
Michael M. Conway
Martin J. Bishop
Nancy L. Stagg
Tammy Boggs
FOLEY & LARDNER LLP

 

UPDATE: According to a update on the Settlement Administrator website, checks for the 1-800 Contacts Call Recording Class Action Settlement were distributed on Jan. 16, 2014. Over 13,000 claimants will receive checks totaling $606.57. Congrats to our Top Class Actions readers who submitted a valid claim and got PAID!

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All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

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Top Class Actions Legal Statement
©2008 – 2013 Top Class Actions® LLC
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73 Comments

  • Carol ThompsonFowler November 12, 2013

    I would appreciate updates to keep in touch and get things resolved thank you

  • L November 14, 2013

    Be careful with this one those crooks Rust Consulting Inc. are handling this one.

  • me November 15, 2013

    hello thanks

  • Mary November 16, 2013

    I have changed my cell and phone number several times over the years due to 1800 calls lets see what excuse they will use not to pay us I’m keeping my fingers cross that we all get what’s coming to us knowing them they will not want to pay us any of it since we have no way of really knowing.

  • L November 17, 2013

    The claim form says it has to be postmarked by November 14th, 2013, but it was only posted on the November 12th?? What gives???

  • mia November 17, 2013

    I really hope they pay us these guy have a rip off report so we’ll see

  • tom November 18, 2013

    l, It’s amazing that you have only 2 days to file. This is typical Rust. They have an $11.7 million fund, They’ll pay out $400,000 and reject everyone else. I think they might work on a commission on how much they give back

  • patty scott November 18, 2013

    would like to file but do not see claim form and yes why are they only giving two days notice?

  • julie November 18, 2013

    I was contacted by Rust late September, maybe early October, about this, since both my boyfriend and I are part of this class action lawsuit. The website was up for a while but topclassactions did not post it until last week. We read through all of the paperwork and it seems like the people who they directly contacted will get them money. From there, they will look at everyone else who filed and see if any names and phone numbers match whatever is left on their list. 1800Contacts gave them the phone numbers that are involved, and included any names and addresses if they were available. This is different from most class actions in that they have a list of telephone numbers who will receive money if they file a claim. Changing your number shouldn’t matter because there was space on the form to fill out all of the phone numbers that you think apply.

    to poster mary, this is not about repeated calls from 800 numbers. this has to do with calling 1800contacts during a certain time frame and were recorded without your consent while living in the state of California.

  • Mary November 19, 2013

    I under stand what you are saying I have also called numerous times 1800 numbers over the years so will see what happens but thanks for the info Julie…

  • julie November 19, 2013

    Mary, we gathered our prescription and order confirmation/receipts from 1800contacts that applied to the class action period. Since we often order our contact lenses while at work, they may have recorder us while we were on our work number, which they will have as the incoming number and that same number may be linked to another person as well. We just want to make sure that we are ready in the event that they attempt to deny our claim, especially since his cell phone number does not have a california area code and they may flag his claim because of that. You may want to start gathering any prescription and purchase information as well. From our understanding, we should be finding out by the end of december if our claim is denied. we probably won’t know if it is not denied until the check arrives.

  • C. C. November 19, 2013

    Don’t look for much Rust is the Settlement Administrator.

  • SUKHDEEP November 25, 2013

    thanks for the information.

  • julie December 4, 2013

    I received a letter in the mail today to let me know that my claim was processed. My fiance filed one too and he hasn’t received one.

  • peter December 17, 2013

    At lease 12 people at my worplace/legal department says they got rejection letters already saying can not find phone number so reject reject reject reject…..

  • julie December 18, 2013

    my fiance never got a letter saying his claim was processed or rejected. i read court documents were rust reported to the court on november 19th that they received around17,000 claims. they sent out 90,000 letters to people who were eligible and they don’t know how many of those 17,000 are from the 90,000 that they notified. The court asked them to report how many of those 17,000 had been denied so far. i can’t find anything stating if they’ve notified the court. rush doesn’t have anything to gain from denying claims for this settlement because the lump sum is going to be divided evenly between the approved claims. If every claim form that they received is approved, then each person should be receiving around $350.

  • dave December 19, 2013

    There have been a lot of people who were rejected. I never received a letter. The last court date was on the 16th of Dec. We shall get a check soon I hope right?

  • Mark December 20, 2013

    The judge is reviewing the motion for final approval.Once the judge sign off on it checks will be mailed in 10 days after approval.

  • julie December 23, 2013

    Don’t expect the judge to sign anything soon. I’m sure he somewhere enjoying his Christmas vacation. That’s why I always put off jury duty until the holidays on years when I get a notice. There has never been a case so I just up and get to leave.

  • julie December 30, 2013

    The last day that the judge’s court was in session was on the date of the hearing. He won’t be back until Monday at the earliest. At this point we shouldn’t expect or checks until at least the end of January.

  • mark January 4, 2014

    different mark than the december 20th mark here. the judgement was entered and the checks for about $606 will go out on january 16th. rust received around 16,000 claims and found about 13,000 of them to be valid. if you did not receive a letter denying your claim then you should be receiving a check. I hope my fax went through.

    • rob January 9, 2014

      How do u know 606.00

  • Karen January 6, 2014

    According to settlement website, Final Order was filed. Checks are supposed to start going out 1/16/2014. No info on amounts. Good luck all.

  • rob January 9, 2014

    How do u know 606.00

    • Fred January 9, 2014

      I calculated around 500

    • Karen January 9, 2014

      Court documents said “around $606″ in one place, that may be what they went by.

  • l January 10, 2014

    Any word

  • mark January 12, 2014

    the documents filed on january 2nd outline the number of claims that rust received and the number of claims that were deemed valid. rust reported to the court the amount that each person should receive. I gave them my social security number so i expect nothing to be taken out. however, for those who didn’t, the amount may be lower. since taxes are deducted from amounts any payments that are over 600.

  • dan January 12, 2014

    However, even assuming the
    court grants the requested amounts, the minimum net distributable amount to class
    members would be $8,288,719.16, which equates to a distribution of $606.56 for
    each valid claim.

  • mark January 13, 2014

    There was 13,665 valid claims and 49 withdrew,we should get around $534 each

  • chris smith January 13, 2014

    How do we find out if we were aproved I never got a letter or my wife and she just put numbers

    • Mark January 14, 2014

      I never got a letter. So I emailed them via the website and they said my claim had been approved. Just waiting for my check of $500-$600.

  • mark January 13, 2014

    No letter your getting a check..

  • julie January 13, 2014

    the final judgement says 606.56. i read the entire thing. that number is final number that rust gave them. The IRS reporting minimum is $600 so Rust will probably end up taking out taxes. I don’t know what kind of income this falls but it could be ask high as 28 percent. i received a letter stating that my form was processed but that could be because I mailed it in and required proof of delivery by signature. My fiance chose to go with simple tracking and he never received anything but the letter took a few days to be picked up once it arrived to their PO BOX. We didn’t want to trust a simple fax because we both work in offices and a fax can show up as blank on the receiving end. Although not common, there are errors that can happen, even something a simple as the ink running too low and not being able to read what is on there. If their system is set up to receive faxes at an e-mail as a file then there are no worries.

  • jim January 14, 2014

    Got my check woooooooooo

    • julie January 14, 2014

      your mailman must be an early riser :) Mine doesn’t arrive until 6pm most of the time. I guess it doesn’t matter since I usually get home at the same time. Can you give us the total amount? I suspected that they would arrive early and said January 16th because they knew all checks would be arriving by that date. They’ve known who they were sending checks to for about a month now.

      • Mark 3 January 16, 2014

        Same here. My mail never arrives before 4pm. Sometimes it never arrives at all! There has been more than one occasion where Sonicare brush heads went missing from my mailbox when it said “delivered” (it’s a locked mailbox)

  • David January 14, 2014

    No check in Los Angeles. Where do you live?

  • rob January 14, 2014

    dude is a troll

  • Mark January 14, 2014

    Has one got a check yet?If so how much?

  • L January 15, 2014

    Not yet………………..Have a great day!

  • Eye January 15, 2014

    No letter, no check!!

  • mark #2 January 15, 2014

    I will just refer to myself as mark#2 since there is another one here. If the checks are sent out tomorrow then I’d give them at least 4-6 business days to get to california. monday is a holiday so the mail won’t be running

  • Mark 1 January 16, 2014

    Checks was mailed out today.Were not recieving checks today early next week..

  • mark 2 January 16, 2014

    this is actually a case where I wish a few more people had received a claim. 7 dollars less and the IRS wouldn’t be getting a piece of the pie. remember folks monday is a holiday so don’t expect a check then. hopefully they will arrive on saturday. I’ve had checks from new york arrive in two business days if the checks were dropped off at the post office in the morning.

  • Mark 3 January 16, 2014

    Hey guys. Can I join in on the discussion?

  • Mark 4 January 16, 2014

    No

    • Mark 3 January 16, 2014

      I sense an imposter.

  • Cutie January 16, 2014

    Were you able to submit a claim online? Or only via mail?

    • Mark 3 January 17, 2014

      I think it was only by mail. I recieved the claim form in the mail, filled it out, and mailed it back.

    • Cynthia January 17, 2014

      This claim was a mail in only….

  • Corina O'Neal January 17, 2014

    No letter or check, yet.

  • Marky mark January 19, 2014

    2 people I know got checks yesterday in Texas. I live in IL hope mine comes Tuesday.

  • Nook January 21, 2014

    No check for me today. Anybody get their check today?

    • joanie teixeira January 22, 2014

      I got my check yesterday for $605.57 but am now worried about
      how it will effect my income taxes. Oh well it all works out

  • mr b. January 21, 2014

    not to many post’s today i guess no check’s

  • billybob January 21, 2014

    no check in SC

  • Florida Girl January 21, 2014

    No check for me today, neither??? Praying they’re in the mailbox tomorrow.

  • mark#2 January 21, 2014

    Got check in Southern California today.

    Total Settlement amount: $606.57
    Federal Tax Withheld: 169.84
    State tax withheld: 42.46
    Total check amount: 394.27

    It is a attached to a form 1099-misc so that we can try to claim what was withheld when we file our taxes in 2015.

  • Karen January 21, 2014

    Got $606.57 in Northern California today. Written on US Bank, no issues cashing at the branch (was charged $5 to cash). I had given my SSN, so they did not withhold taxes, but I did get a 1099 for the 2014 tax year.

    **For those outside CA, this settlement class was for people who received or made calls from 1-800 Contacts on California numbers only, so if that doesn’t apply to you, you probably won’t get a check.

  • Karen January 21, 2014

    Class definition from Website:

    “You were included in the class if, while present in California, you participated in at least one recorded telephone call with 1-800 Contacts, Inc. between August 15, 2011 and September 10, 2012.”

  • fred January 21, 2014

    Got my check today :) I’m in la area 606 bucks gonna use them for new computer yay

  • julie January 21, 2014

    received my check in los angeles too. extra slot money for superbowl weekend in las vegas yay!

    • fred January 21, 2014

      I hear an invitation *!

  • Corina O'Neal January 22, 2014

    No check, no letter yet.I’m in Ca.

  • Mark 1 January 23, 2014

    No check in GA.

  • Mia January 24, 2014

    Anyone received checks in California yet?

    • Karen January 27, 2014

      Yup, on the 21st.

  • DEELO January 24, 2014

    mailed in appropriate claim form in northern California and never received a check. sent an email and was told they never received my claim form. Likely story as this is the second time this has happened

    • Blk January 25, 2014

      Still no checks in Cali.Yet,happy for those who did received them in other nights.

      • Karen January 27, 2014

        There have been checks in Northern California. I got mine on 1/21. Mailed back the form Rust sent me back in October. Check arrived a few days after mailing date of the 16th.

  • mia January 29, 2014

    I noticed that there have been few people stating that they have received checks,not good should be more recipients than this!!!!!!!!

    • julie January 29, 2014

      the claim form wasn’t even posted until this site until two days before it was due. those of us who received a claim form had it since September. it would make sense that most of the 13,000 people who got a check aren’t active on this website. If there were, someone would have notified the staff about posting it on here.

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