Court grants plaintiff's motion for class certification

 

We are currently prosecuting a certified class action against Sybaris Clubs International for violation of state and federal wiretapping laws on behalf of Sybaris customers and employees.

Our complaint alleges that Sybaris, which operates five “romantic getaway” motels in Illinois, Wisconsin and Indiana, secretly recorded every reservation phone line at all five motels from March 19, 2012 through April 11, 2013.  The recordings, which were made without the consent of Sybaris employees or customers, captured confidential financial data and – given the nature of Sybaris’ business – highly private personal information.  On Nov. 8, 2013, U.S. District Judge Harry D. Leinenweber denied Sybaris’ motion to dismiss the case, upholding claims including the Federal Wiretap Act which if proven provides for statutory damages of up to $10,000 to each individual who was illegally recorded.  Judge Leinenweber subsequently granted Sybaris’ motion to reconsider dismissal of one count following the Illinois Supreme Court’s invalidation of the state eavesdropping law, but the federal claim and Wisconsin and Indiana state-law claims remain.  Our investigation has revealed that Sybaris intercepted, recorded and archived hundreds of thousands of phone calls during the approximate one-year duration of the wiretapping program.

On April 24, 2015, the Court granted Plaintiff's motion for class certification, which certified a class of

"all persons who made a telephone call into or out of the reservation telephone lines at Sybaris' five locations between the following dates:  (1) Downers Grove, Illinois between March 19, 2012 and April 11, 2013; (2) Northbrook, Illinois between May 11, 2012 and April 11, 2013; (3) Frankfort, Illinois between May 14, 2012 and April 11, 2013; (4) Mequon, Wisconsin between May 25, 2012 and April 11, 2013; and (5) Indianapolis, Indiana between June 15, 2012 and April 11, 2013."

Copies of Plaintiff’s complaint, Defendants’ Answer and the Court’s decisions can be found here:

If you have questions or if you have information you would like to share about this case, please contact one of the attorneys involved:  Michael R. Karnuth (mike@krislovlaw.com) or Christopher M. Hack (chris@krislovlaw.com) either by e-mail or telephone (312-606-0500).,

 

Krislov Law

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Chicago, IL 60606

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