The United States Congress passed the Telephone Consumer Protection Act (TCPA) to prevent telemarketers from hassling consumers at inopportune times. Since the passage of the landmark legislation, Congress has expanded the breadth of the consumer protection law. However, as Ace American Insurance Co. discovered, the prohibition of telemarketing phone calls remains the heart of the TCPA.
Plaintiff Justin Boise submitted a class action lawsuit against Ace American Insurance Co. for making unwanted telephone calls repeatedly. The insurance company made the phone calls to Nationstar Mortgage and BB&T customers, even though the customers placed their phone numbers in the National Do Not Call Registry for the required minimum time of 30 days. Boise invoked several provisions of the TCPA in the filing of the class action lawsuit. For each violation of the restrictions imposed by the TCPA, companies are financially liable for damages between $500 and$1,500.
Both parties reached a class action settlement after two day long mediation sessions and numerous follow-up conferences. In January 2017, Boise asked for preliminary approval of the class action settlement, which United States District Judge Marcia G. Cooke granted in April of 2017. Ace American Insurance Co. has agreed to create a settlement fund worth almost $10, although the company continues to deny violating any provisions of the TCPA.
What You Need To Know
According to class counsel, eligible class member comprise “current or former U.S. customers of Nationstar Mortgage or BB&T Bank since Oct. 16, 2013 who received more than one phone call made by or on behalf of ACE American Insurance within a 12-month period, despite that number having been registered with the National Do Not Call Registry for at least 30 days.” Eligible class members who want to opt out of the class action settlement or dispute any section of the agreement must submit paperwork no later than August 24, 2017.
Class members who file valid claims on time can expect to receive a pro rata portion of the money set aside in the settlement fund. Pro rata means the amount received depends on the number of valid and timely claims filed. The class action settlement does not require any other type of documentation, except the tax forms required from class members who receive more than $600. Eligible class members have until September 1, 2017 to file a valid settlement claim.
The judge presiding over the class action settlement case called Justin Mark Boise v. ACE American Insurance Co. and ACE USA Inc., Case No. 1:15-cv-21264-MGC, in the U.S. District Court for the Southern District of Florida has scheduled the final hearing on October 4, 2017. To learn more about the final hearing and other new information, visit the class action settlement website www.ACETCPASettlement.com.
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