S’Well Bottles Call Recording Class Action Settlement (California Only)

Class Eligibility

Class members are California residents who placed a call to Defendant Can’t Live Without It LLC’s (S’well) toll-free telephone numbers between March 16, 2017 and Feb. 13, 2018 and were not informed that their call was recorded and did not consent.

Estimated Amount

Up to $5000

There are an estimated 2,136 individuals (measured based on unique phone numbers) who are members of the Settlement Class. By example only, were all such individuals to submit valid claims, and if final administration expenses are $100,000, then the Net Settlement Proceeds would total $1,370,000 and each claiming Class Member would be paid an equal share, or $641.38 each. Your final Individual Settlement Amount is subject to change based on Class Member participation rate and the final ruling of the Court.

Proof of Purchase

Phone #

Case Name

Fierro v. Can’t Live Without It LLC d/b/a S’well Bottle, et al.,
Case No. STK-CV-UMC-2018-0012053,

Superior Court of the State of California for the County of San Joaquin

Case Summary

On September 25, 2018, Plaintiff Edgar Fierro (“Plaintiff”) filed this lawsuit. Plaintiff alleges that the Defendants violated California privacy laws, including California Penal Code sections 630 et seq., as to individuals who placed calls to S’well’s toll-free phone numbers while residing or located in California. Plaintiff contends that Defendants unlawfully recorded telephone calls without Class Members’ prior consent. The lawsuit seeks recovery of statutory penalties, attorneys’ fees and costs. Defendants deny Plaintiffs’ claims and deny all liability and wrongdoing of any kind. The Court has not decided the merits of these claims; however, because of the expense and uncertainty of litigation, the parties have mutually proposed to settle this matter. The Parties have since entered into a Settlement Agreement, which the Court has preliminarily approved.

Settlement Pool






c/o ILYM Group Inc.

P.O. Box 2031

Tustin, CA 92781

Phone: (888)250-6810

Fax: (888) 845-6185


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