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United Water New Jersey Inc. and HomeServe USA Corp. have agreed to pay $3 million in order to settle a class action lawsuit that alleged the companies sold multi-unit residents a Service Plan even though they were ineligible for coverage without refunding them for the cost.
The HomeServe class action lawsuit was filed by lead plaintiff Jose Cortez who claimed United Water New Jersey and HomeServe marketed, promoted and sold the Service Plans which included water service line, internal plumbing, septic, heating and electric service to multi-unit residents without disclosing to them that they were excluded from coverage.
According to the HomeServe Service Plan class action lawsuit settlement, multi-unit dwellings in New Jersey are defined as a residential structure designed or modified to contain more than one distinct living space that includes a living area, kitchen and bathroom within the structure that share utility pipes or wires coming from a common supply that services multiple living spaces. Common examples of multi-unit dwellings are apartment buildings, condominiums, duplexes and townhouses.
Cortez claimed that between Nov. 23, 2004 and Jan. 31, 2014, multi-unit residents purchased the HomeServe Service Plan but did not receive any services or a refund. The HomeServe class action lawsuit accusedย the defendants of violating the Consumer Fraud Act, breach of contract and unjust enrichment.
United Water New Jersey and HomeServe have denied any fault or liability but agreed to the terms of the class actionย settlement in order to avoid the cost of further litigation.
Whoโs Eligible
The HomeServe class action lawsuit settlement is open to anyoneย who purchased a water service line, internal plumbing, septic, heating, or electric service contract offered by United Water New Jersey Inc. or HomeServe fromย Nov. 23, 2004 through Jan. 31, 2014 in order to provide coverage for a multi-unit dwelling in New Jersey, and where such service contract provided that multi-unit dwellings were not eligible for service and for which the purchaser did not receive service or a refund.
Potential Award
Varies.
Class Members will receive a portion of the $3 million HomeServe class action settlement fund based on the number of valid Claim Forms filed.
Proof of Purchase
Class Members must provide information about the service plans they purchased. Failure to include documentation of your service plan may delay verification of your claim.ย
Claim Form
CLICK HERE TO FILE A CLAIM
Claim Form Deadline
01/19/2016
Case Name
Jose Cortez, et al. v. United Water New Jersey Inc., et al., Docket No. BER-L-11374 in the Superior Court of New Jersey, Bergen County
Final Hearing
12/01/2015
Settlement Website
www.NJHomeServeSettlement.com
Claims Administrator
Cortez v. Homeserve Settlement Administrator
PO Box 4349
Portland, OR 97208-4349
888-593-4590
Class Counsel
Carl Mayer, Esq.
MAYER LAW GROUP, LLC
Jerome M. Marcus, Esq.
Jonathan Auerbach, Esq.
MARCUS & AUERBACH, LLC
Defense Counsel
Derek E. Leรณn, Esq.
Andrew D. Zaron, Esq.
LEON COSGROVE, LLC
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6 thoughts onHomeServe Service Plan Class Action Lawsuit Settlement
When is the USA going to start punishing corporate crooks like other countries do.
George Carlinโs act comes to mind.
I was satisfied with Home Serve until I spoke with a cousin over the weekend and found out like me he had just had his water heater replaced by Home Serve. Both of us within the last two weeks same zip code two streets over from each other. Home Serve charged my younger male cousin $25 and me a senior citizen on a budget $225. I am so very hurt.
.31 check. Thanks lmbo
.20 check
I do not qualilfy
You should check First American Home Buyers Protection Corporation. They do not even fix items listed in their plans. My refrigerator has not been fixed and its been over two months. No matter what I did, no matter how many times I called, wrote a letter, they keep giving me excuses and do not fix what I pay for. I was told by one of the subcontractors that this is very common and they do this to others as well. I want to take them to small claims but you should do something about this.