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This settlement is closed!
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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
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
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.
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82 thoughts onNew York Life Telemarketing Calls Class Action Settlement
w-9 forms are sent out if payout is over $600.00
My tax form came today!!
I mailed my W-9 form back today !!!!!!
What is the amount? Thanks I still haven’t received mine.
I called the administrator number above. She verified my claim. I don’t know the amount
The admin told me that over 18,000 forms were mailed. This payout will be low if the number of claims is 18,000.
Hat would equal like $100 each… why would we get a W9 for $100?
Had anyone else received their w9 form
any word on payout?
They said they mailed W9 forms on May 4th.
Has anyone gotten their w9
What happen to may 4
I haven’t received. I called again and she confirmed they were mailed on the 4th. She said they can’t send another until 10 business days have passed. So Friday I will be calling back if I still don’t have it.
Did u get another update
According to the settlement agreement, payments are estimated to be issued at the end of May. You should contact the settlement administrator with any questions about the status of your claim: info@TCPAsettlementNYLife.com
What’s going on tca only one person claim they were mail out a W-9 form what happens to the other people including myself
Update?
Monetary Payments
(a) As soon as practicable but no later than sixty (60) days after the Effective
Date (or such other date as the Court may order), the Settlement Administrator shall pay from the
Settlement Fund (after the payment of attorney’s fees and expenses, costs of administration and
such other expenditures as may be authorized by the Court (“Net Settlement Proceeds”)) a pro
Case 1:16-cv-03588-BCM Document 25-1 Filed 02/21/17 Page 8 of 50
37605563.1 – 9 –
rata share of the Net Settlement Funds to each Settlement Class Member who filed a valid claim,
which shall be mailed to those Settlement Class Members via first-class mail.
(
Have any one got paid.
While the settlement has been approved, as Ms. Hill notes — appeals may still follow. It is always uncertain when these appeals will be resolved; resolving them can take more than a year. If there are no appeals, you should expect payment by the end of the year. Merry Christmas from KCC Settlement Administrator.
When you click on the link, it gives us a 404 error. It doesn’t work. Help!
Claim form is no longer available because the claim deadline has passed, but the settlement website is still active: http://www.tcpasettlementnylife.com/
May summer of 2018