In consumer class action litigation, plaintiffs often seek to learn the identity of other consumers who

have complained to the company about the same alleged problem. Today, the California Supreme Court held that the names and phone numbers of such complaining customers can be disclosed to the plaintiffs — so long as the complaining customers are given reasonable notice and an opportunity to object and opt out of the disclosure. In doing so, the Supreme Court reversed the Court of Appeal, which had held that complaining consumers must affirmatively consent and opt in to such a disclosure. As a practical matter, if you are a defendant in a consumer class action, you now may be forced to disclose the names of more complaining customers.