ACE American Insurance Telemarketing Class Action Settlement

An anti-telemarketing class action settlement has been reached that will benefit persons who received unwanted calls from ACE American Insurance Co.

This class action lawsuit was brought by plaintiff Justin Boise. Boise accused defendant ACE American Insurance of making unwanted telemarketing phone calls to customers of Nationstar Mortgage and BB&T Bank even after those customers had registered their phone numbers with the National Do Not Call Registry for at least 30 days. These unwanted calls violated federal anti-telemarketing law, Boise claimed.

In filing this anti-telemarketing class action lawsuit, Boise took advantage of the civil suit provisions of the Telephone Consumer Protection Act, or TCPA. Among many other protections against unwanted telemarketing contacts, the TCPA prohibits the placement of calls to phone numbers that have been registered with the National Do Not Call Registry.

The TCPA also requires certain entities like ACE American Insurance to maintain their own internal do-not-call list and honor requests they receive from persons who do not wish to receive telemarketing calls from that entity.

Companies who make phone calls in violation of TCPA restrictions can be on the hook for $500 to $1,500 in statutory damages for each offending call.

The parties reached the current TCPA class action settlement after two full-day mediation sessions and several follow-up conferences. In January 2017, Boise submitted the settlement to the court for preliminary approval, which was granted in April by U.S. District Judge Marcia G. Cooke.

A hearing on final approval is scheduled for Oct. 4, 2017.

Under terms of this ACE American Insurance class action settlement, the defendant will set up a settlement fund worth more than $9.7 million. This fund will be used to make pro rata payments to qualifying Class Members after payments have been made to cover court costs, attorneys’ fees, an incentive award for the Class Representative, costs of settlement administration, and any donations to a charitable recipient designated in the settlement agreement.

ACE American Insurance continues to deny Boise’s allegations. The settlement agreement does not require ACE American Insurance to admit any fault, and no decision on liability has been made by the court.

Class Members who want to object to or opt out of the terms of this settlement must do so no later than Aug. 24, 2017.

UPDATE: On Oct. 18, 2017, a federal judge granted final approval of the $9.76 million ACE American Insurance TCPA class action settlement. 

UPDATE 2: On Jan. 16, 2018, Top Class Actions viewers who filed a valid claim for the ACE American Insurance TCPA settlement started receiving checks in the mail worth $60.05. Congratulations to everyone who filed a claim and got PAID!

Who’s Eligible

Class Members eligible to claim benefits include all 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.

Potential Award

Varies.

Class Members who file a valid and timely claim will receive a pro rata share of the settlement payout funds. The amount of each payment will be determined in part by the number of valid and timely claims received.

Proof of Purchase

No additional documentation is necessary to make a claim, other than the information requested on the settlement Claim Form. However, Class Members who receive a payment of $600 or more will be asked to provide either a Taxpayer Identification or Social Security Number to satisfy IRS reporting requirements.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

9/1/2017

Case Name

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

Final Hearing

10/4/2017

Settlement Website

www.ACETCPASettlement.com

Claims Administrator

ACE TCPA Class Action Settlement Administrator
c/o Kurtzman Carson Consultants
P.O. Box 43485
Providence, RI 02940-3485
1-844-454-4157

Class Counsel

W. Craft Hughes
Jarrett L. Ellzey
HUGHES ELLZEY LLP

Defense Counsel

Archis A. Parasharami
Matthew D. Ingber
MAYER BROWN LLP

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

GET A FREE CASE EVALUATION NOW