ACE American Insurance will pay a $9.8 million settlement in a Telephone Consumer Protection Act (TCPA) class action lawsuit after the company was accused of using contact lists given to them by two banks to call consumers on the Do Not Call Registry. The TCPA settlement was approved on October 18 by the Florida Federal Court.
A TCPA Settlement Can Be Costly!
ACE chose to settle to avoid inconveniences, such as expenses, that come with further litigation and did not admit liability or wrongdoing at any point in the settlement.
The unsolicited calls began on October 16, 2013. Plaintiff Justin Mark Boise says that in 2015, he received two marketing phone calls on his residential line that were offering hazard insurance. Boise, who says he has been registered on the National Do Not Call Registry since 2006, did not provide “prior express written consent” to receive these calls. Therefore, they were in violation of the TCPA.
Nationstar Mortgage and BB&T Bank were the banks that provided ACE with phone lists of their mortgage holders. They were not defendants in the case.
Individuals in the United States who are or were customers of BB&T Bank and Nationstar Mortgage on or after October 16, 2013, will benefit from the settlement; this only includes customers who received more than one telemarketing phone call made by or on behalf of ACE within a 12-month period and received said call or calls on a number registered with the National Do Not Call Registry for a minimum of 30 days.
As a result, over 107,000 claims have been filed.
In total, $2.9 million in attorney fees was approved by the court, and Boise, as lead plaintiff, will receive $10,000 while settlement class members should receive a minimum of $55.
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