Jerky Boys Hit the Slopes
MMSA to pay out for class action lawsuit involving robo-calls
Mammoth Mountain Ski Area (MMSA) is not admitting it did anything wrong, but it’s agreed to shell out $3,750,000 total to individuals that received unsolicited robo-calls from its call center. The class action lawsuit, Paul Story v. MMSA, was settled in September.
Defendants who received unsolicited calls from MMSA advertising deals on season passes are getting postcards and emails explaining how to file a claim for damages. Each defendant can receive a maximum of $500. A defendant only needs to include a name, address and phone number and mail it back to the address given. It’s that easy. Payments will be made in late spring, early summer of 2018.
General Counsel for MMSA Ron Cohen said he could not reveal how many individuals were affected, explaining that some pieces of the settlement are confidential. According to court documents, Paul Story claims that thousands of calls were made.
Cohen added that the individuals that were called were MMSA customers and pass holders, not numbers randomly picked out of a phonebook, but did not give specifics of how those people were called. MMSA admits to no malice.
Several people have contacted MMSA after receiving the postcards asking if this was a phishing scam, according to Cohen. Even more people have called to complain about the settlement and say that they disapprove of large corporations being sued, Cohen said.
He said he’s urging people to file the claim regardless of their views because the settlement has already been paid by MMSA. What money doesn’t get claimed will go toward an as yet undetermined charity.
According to documents from the U.S. District Court, Eastern District of California, the it was determined that MMSA violated the Telephone Consumer Protection Act of 1991 by making pre-recorded or artificial voice telephone calls to consumer landlines and cell phones without proper consent.
Story claims that on April 15, 2014, he received an unsolicited phone call on his cellular device from MMSA, 1-800-MAMMOTH, advertising deals on season passes. He received another on April 23.
The total settlement, minus attorney fees and other costs, is about $2,657,500.
Cohen said it was in the best interest of MMSA to settle the case.
Legal counsel for MMSA, Kirkland and Ellis, LLP of Chicago did not return calls for comment.
