Recent federal decision applies Pioneer Electronics to resolve dispute over discovery of class member contact information: Salazar v. Avis Budget Group, Inc.

In Salazar v. Avis Budget Group, Inc., 2007 WL 2990281 (S.D. Cal. Oct. 10, 2007), a federal district court applied the rules outlined in Pioneer Electronics and ordered the defendant to disclose the class members' contact information after an “opt-out” notice was given. Foreshadowing the Court of Appeal's ruling in CashCall, Inc. v. Superior Court, 159 Cal.App.4th 273 (2008), Magistrate Judge McCurine observed that “the minimal information Plaintiff requests is indeed contemplated under the Federal Rules of Civil Procedure … as basic to the discovery process.” Id. at *2. (See this prior blog post for more on CashCall.) He also expressed skepticism about the employer-defendant's professed solicitude for the class members' privacy rights, observing that its conduct suggested that its "concern about the privacy rights of the potential class members is actually driven more by [its own] self-interest." Id. Finally, he noted the importance of class actions generally (as did the Supreme Court in Pioneer Electronics): "[C]lass action lawsuits can serve a valuable social function in addressing the rights of the public. The voice of a class rings more loudly and garners more attention than a single voice."