AmeriSave Mortgage TCPA Class Action Settlement

UPDATE 2: Top Class Actions viewers started receiving payments of $10.58 from the AmeriSave Mortgage class action settlement on Feb. 2, 2021. Congratulations to everyone who filed a claim and got PAID!

UPDATE: The AmeriSave Mortgage TCPA Class Action Settlement was granted final approval on November 25, 2020. Let Top Class Actions know when you receive a check in the comments section below or over on our Facebook page.

AmeriSave Mortgage customers may be able to benefit from a $6.25 million settlement resolving TCPA claims against the company.

The settlement benefits individuals who received calls or texts from AmeriSave between April 1, 2018 and Dec. 31, 2019. There are a reported 2.3 million people who are included in this settlement Class.

Plaintiff Terry Fabricant filed his AmeriSave Mortgage TCPA class action lawsuit in May, arguing that he and other consumers were hit with unsolicited phone calls and text messages from the mortgage company. According to Fabricant, these texts and calls violated the Telephone Consumer Protection Act or TCPA.

The TCPA is a federal law which prohibits unsolicited telemarketing calls, texts and faxes. In order to send these communications, companies are required to get prior written consent. Additionally, businesses must comply with the national Do Not Call registry, a list that consumers can register their numbers with in order to stop receiving telemarketing communications.

Fabricant argued that AmeriSave Mortgage calls and texts were not only unsolicited, they were also sent to individuals, such as himself, who had registered their numbers on the national Do Not Call registry. Between these actions, Fabricant claims that he and other consumers were owed damages under TCPA – up to $1,500 per violation.

According to the AmeriSave Mortgage class action lawsuit, the company utilized an automatic telephone dialing system, or ATDS, to place a large number of calls or texts at once.

“Such systems have been held by numerous courts not to be an ATDS under the TCPA due to their high level of human intervention, lack of capacity to autodial, and manual click to dial functionality,” the AmeriSave Mortgage settlement motion said. “From a consumer protection standpoint, using such systems will reduce the volume of automated calls, and therefore protects privacy interests.”

After he filed his complaint, AmeriSave Mortgage reportedly admitted they called Fabricant at least once. However, AmeriSave Mortgage has not admitted any wrongdoing but has agreed to resolve the claims against them in a $6.25 million class action settlement. Similarly, the plaintiff notes that the settlement is a way to resolve the allegations despite being confident in his case.

“The settlement is appropriate because plaintiff recognizes the expense and amount of time required to continue to pursue the litigation, as well as the uncertainty, risk and difficulties of proof inherent in prosecuting such claims,” the AmeriSave Mortgage class action settlement motion states.

The AmeriSave Mortgage TCPA settlement will provide cash payments to Class Members who file a claim. Exact payment amounts will depend on the number of claims filed. No payment estimates are currently available.

In order to benefit from the AmeriSave Mortgage TCPA settlement, Class Members must file a valid claim form by Sept. 18, 2020. Class Members can also update their contact information through the settlement website.

Out of the settlement fund, $1.25 million will go towards attorneys’ fees. An additional $50,000 will cover court costs while the Class representative will receive a $5,000 service award. The settlement will also cover the costs of settlement administration.

The deadline for exclusion and objection is Sept. 30, 2020. The final approval hearing for the AmeriSave Mortgage class action settlement is scheduled for Nov. 20, 2020.

Who’s Eligible

Individuals who received calls or texts from AmeriSave between April 1, 2018 and Dec. 31, 2019.

Potential Award

The AmeriSave Mortgage TCPA settlement will provide cash payments to Class Members who file a claim. Exact payment amounts depend on the number of claims filed. No estimates are provided at this time.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

9/18/2020

Case Name

Terry Fabricant v. AmeriSave Mortgage Corporation, Case No. 19-cv-04659-AB-AS, in the U.S. District Court for the Central District of California

Final Hearing

11/20/2020

Settlement Website

AmeriSaveTCPAClaims.com

Claims Administrator

AmeriSave TCPA Settlement Administrator
c/o Postlethwaite & Netterville
P.O. Box 341
Baton Rouge, LA 70821
claims@AmeriSaveTCPAclaims.com
1-833-440-0743

Class Counsel

Todd M. Friedman
Adrian R. Bacon
LAW OFFICES OF TODD M. FRIEDMAN PC

Defense Counsel

Becca Wahlquist
SNELL & WILMER LLP

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