HomeServe Service Plan Class Action Lawsuit Settlement

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 accused 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 action settlement in order to avoid the cost of further litigation.

Who’s Eligible

The HomeServe class action lawsuit settlement is open to anyone who purchased a water service line, internal plumbing, septic, heating, or electric service contract offered by United Water New Jersey Inc. or HomeServe from 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. 

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. León, Esq.
Andrew D. Zaron, Esq.
LEON COSGROVE, LLC