Class Certified In Omni Hotels Phone Recording Suit

Law360, San Diego (September 15, 2014, 8:22 PM EDT) -- A California federal judge has certified a class action accusing Omni Hotels Management Corp. of illegally recording conversations between customers and its employees, ruling the class is ascertainable despite Omni's failure to preserve call data.

U.S. District Judge Christina A. Snyder rejected Omni's argument that it could not be sure which calls in its database met the proposed class definition because an unknown number of calls were never recorded due to technical glitches. Omni also claimed the plaintiffs hadn't shown wireless carriers would give up private records identifying customers based on cellphone numbers.

Judge Snyder, however, found the plaintiffs has outlined...

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