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Thursday, November 21, 2019

California resident alleges My Pillow fails to disclose it records customers' calls


By Bree Gonzales | Jul 2, 2018

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SAN FRANCISCO (Legal Newsline) – A California resident alleges that a Minnesota corporation fails to disclose to consumers that it records calls to its customer service line.

Richard Wuest filed a complaint on behalf himself and similarly situated individuals on Feb. 16 in the Alameda County Superior Court against My Pillow Inc. and Does 1-50 alleging violation of California’s Invasion of Privacy Act.

According to the complaint, the plaintiff alleges that the defendant records and monitor calls without the consent of all parties. The plaintiff alleges he contacted the defendant twice to inquire about sales prices and pillow sizes and to place an order in January. He alleges he contacted the defendant a third time in January and asked a representative if the calls were recorded and was told they were. He alleges this was not disclosed prior to his inquiry.

The plaintiff holds My Pillow Inc. and Does 1-50 responsible because the defendants allegedly had and followed a policy and practice of intentionally recording and/or monitoring phone calls without warning customers.

The plaintiff requests a trial by jury and seeks an award of statutory damages of $5,000 per violation to the plaintiff and the members of the class, pre- and post-judgment interests, attorney's fees and costs of this action. Furthermore, plaintiff seeks for an order certifying the class and appointing him as its representative and his counsel as lead counsel for the class. He is represented by Eric A. Grover of Keller Grover LLP in San Francisco.

The case was removed to the U.S. District Court for the Northern District of California by the defendant on June 19.

U.S. District Court for the Northern District of California case number 3:18-cv-003658

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Alameda County Superior CourtsKeller Grover LLP

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