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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
$77.44- that’s it?
I got the same amount. I agree, should’ve been more.
Received my check on the 9th, for 2,404. (NC)
I received a check today. I’m shocked at how big it is! I was expecting nothing – or maybe $600 but it is double that!!
BTW.. received a 1099-MISC form too with check!
if you don’t me asking how much? Thanks
*my reply earlier today*
Funny thing… I came to this site earlier today looking for any new info… nothing! Grabbed my mail and received a check. $1204.15.
I’m assuming the amount is because there were (2) numbers involved with the case. Keep looking, they should be coming if you were getting something! I’m in CA.. the check is dated 11/02/18.. that was fast! Thank you!
I would post picture of check, but I can’t insert a photo!!
Awesome Adam!!!
To Anthony Paronich, ESQ. : Counselor, as you are a member of the legal team representing the class, are the issues you detail not ones that you may somehow raise with the court? It seems that the district court would take a dim view of chicken feces tactics like a defendant or claims administrator trying to claim they did not receive CERTIFIED mail items. (Or then basically admitting to that lie by trying to assert another obstructive story in its stead.)
Payments were estimated to be issued at the end of may. We’ll just keep wondering what happened …. maybe summer break? Attorneys frolicking on the beach?
There is a little game that companies and courts play, called APPEAL.
By the way, w9’s are sent out only if payments are $600 or more.
Absolutely, Laura … absolutely. I just wish we might be kept abreast. Even if it will be many months — it is nice to know what is happening. IS there an appeal? Or just a couple of objectors to the settlement? Does the court expect to make a ruling next month? Would said ruling be procedural and intermediary, or final? Court rooms are public. Obviously, whole settlement classes cannot be in those rooms. So, naturally, we look to those who have represented to have been gathering info on the cases anyway. Seems like they should know if a case has concluded by means other than checking their Facebook page to see if people have begun posting pics of cheques …
Any good news?
any updates if checks has been mailed out
Just called and was told per rep. that there is not an update about this case. ” I asked her was she sure” She stated “yes there arent
any payment amounts or a release date”. I’m confused where are people getting $$ amounts from?
It would seem the amounts are from partial information, rumor, and some (wild) speculation. But don’t worry, this comment may just get censored, anyway.
It is very cool that you were able to call and check, Ambria Lofton. Truly. Your info is current and credible. What occurred in weeks prior; when there is a vast absence of information, that is when a vaccuum forms and fuels the fires of preposterous speculation like the figures folks were bandying about confusingly ….
There are only 1800 valid claims. If you did not get a W9 form then you were not approved.
So, Angela, are you saying that Ms. Lofton is lying?
OR, that the claim admin. rep. she spoke with was lying?
I am not saying that anyone is lying. The rep. I spoke to was reading from a script – they clearly have no idea what is going on. When i asked about the W9 she said if my claim was approved that I should have received a W9 in the mail. So then I emailed the admin and they told me my phone number was not on the approved list and only 1800 claims were approved.
Fox is wrong reasons read the court documents there are 25,830 eligible claims and payments are expecting to be 815 with a 10% rate
25,830 claims x $815 is over $21 million.
The settlement fund in only $3.35 million.
You also have to include attorney fees.
There was 1,828 eligible claims for payment from the email I received from the administrator today!
Do u know what u talking about fox u the only one said u got w9
Lol ! Absolutely dear!!
Lol lol lol lol !! Absolutely dear! Did you receive yours??!!!
Got my w-9, sent it in May 2018.
that makes sense.1800 would get about !000 each