New York Life Telemarketing Calls Class Action Settlement

Persons who received telemarketing calls from New York Life may be entitled to compensation under terms of a TCPA class action settlement.

Plaintiff Abante Rooter and Plumbing Inc. filed this anti-telemarketing class action lawsuit in May 2016. The company alleged defendant New York Life unlawfully placed calls to mobile phone numbers that had been listed on the National Do Not Call Registry. Abante Rooter also claimed New York Life placed calls using automatic dialing equipment or prerecorded announcements to persons who had not consented to receiving such calls.

In filing this action against New York Life, Abante Rooter took advantage of the civil suit provisions of the Telephone Consumer Protection Act, or TCPA. Originally passed in 1991, the TCPA established the National Do Not Call Registry.

Persons who do not want to receive unsolicited telemarketing calls may list their phone numbers on this registry to let telemarketers know their calls are not welcome at that number. The TCPA also requires companies to maintain their own records of persons who have opted out of receiving telemarketing calls.

Another provision of the TCPA restricts callers from using automated dialing equipment and artificial or prerecorded voices when calling persons who have not expressly consented to being called that way. The TCPA has been updated to apply this prohibition to calls and text messages placed to mobile phone numbers.

Persons who receive contacts that violate the TCPA may be able to sue for statutory damages of $500 to $1,500 per violation.

Abante Rooter and New York Life agreed to the current TCPA class action settlement following an October 2016 mediation session. Under terms of the settlement, New York Life has agreed to put up a settlement fund totaling $3.35 million. This fund will cover payments to qualifying Class Members after attorneys’ fees, court costs, service awards for the named plaintiff, and cost of settlement administration are covered.

New York Life continues to deny Abante Rooter’s allegations. The company is not required to admit any fault, and the court has made no determination of liability.

Who’s Eligible

Settlement Class Members eligible to make a claim include all persons who on or after May 13, 2012 received either of the following types of phone calls from New York Life or someone acting on its behalf:

• A call placed to a mobile phone number using an automatic telephone dialing system or a prerecorded voice
• Two or more calls placed within a 12-month period to a phone number listed on the National Do Not Call Registry

Potential Award

Up to $800.

Actual payment amounts are yet to be determined, as they will depend on such factors as the number of valid and timely claims received. The settlement administrators estimate that a 10 percent claims rate could result in individual payments around $800.

Proof of Purchase

No proof of purchase or other additional documentation is necessary to make a claim, other than the information requested on the Claim Form.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

1/02/2018   UPDATED

Case Name

Abante Rooter and Plumbing Inc. v. New York Life Insurance Company, Case No. 1:16-cv-03588, in the U.S. District Court for the Southern District of New York

Final Hearing

2/23/2018  UPDATED

UPDATE: On February 27, 2018, the New York Life Telemarketing Calls Class Action Settlement was granted final approval by the court. Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

Settlement Website

www.TCPAsettlementNYLife.com

Claims Administrator

New York Life Settlement
c/o KCC Settlement Administrator
P.O. Box 43492
Providence, RI 02940-3492
(844) 466-2570
info@TCPAsettlementNYLife.com

Class Counsel

Edward Broderick
Anthony Paronich
BRODERICK & PARONICH PC

Matthew P. McCue
THE LAW OFFICE OF MATTHEW P. MCCUE

Kim E. Richman
THE RICHMAN LAW GROUP

Defense Counsel

Lewis S. Wiener
EVERSHEDS SUTHERLAND 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