The Warranty Group TCPA Class Action Settlement

A settlement has been reached in a class action lawsuit that alleges The Warranty Group Inc. and American Protection Plans LLC d/b/a American Residential Warranty made unsolicited calls with an automatic dialer to consumers’ cell phones and telephone numbers on the National Do Not Call Registry. If you received a call on your phone from The Warranty Group or American Residential Warranty from March 7, 2011 to Aug. 11, 2015, you may be eligible for benefits from the class action settlement.

According to the class action lawsuit, American Residential Warranty made telemarketing calls to consumers’ telephones after they had previously called ARW but had hung up before reaching an operator and leaving a message. These telemarketing calls were allegedly made with the purpose of promoting certain home warranty products offered by American Residential Warranty and its business partner, The Warranty Group. The class action lawsuit alleges these calls violated the federal Telephone Consumer Protection Act (TCPA) because some consumers did not agree to receive these calls.

The Warranty Group and American Residential Warranty deny the allegations but agreed to settle the class action lawsuit to avoid the expense and uncertainty associated with ongoing litigation.

If you wish to exclude yourself from or object to the class action settlement, you must do so no later than Oct. 16, 2015.

Who’s Eligible

Class Members of the TCPA settlement include all individuals who placed a call to American Residential Warranty, but did not speak to anyone or leave a voicemail, and who afterwards received a call on a U.S. telephone number from the defendants for the purpose of offering home warranty products between March 7, 2011 and Aug. 11, 2015.

Potential Award

Up to $500.

The TCPA class action settlement provides two ways for Class Members to request a payment.

Short Claim Form. Settlement Class Members who submit a valid Short Claim Form saying they received an unauthorized call on their cell phone, or received more than one call on their telephone number that was registered on the National Do Not Call Registry will be eligible to receive a set payment of up to $125.

Long Claim Form. Settlement Class Members who submit proof that they received multiple unauthorized calls, including calls to telephone numbers registered on the National Do Not Call Registry, have the option to file a Long Claim Form with copies of their telephone bills showing the number of calls they received. Class Members who submit a valid Long Claim Form will be eligible to receive up to $50 per unauthorized call with a maximum of 10 calls.

NOTE: Depending on the number of valid claims submitted, the amounts paid may be reduced on a proportional basis.

UPDATE: Viewers began reporting to Top Class Actions on April 15, 2016, that they have received emails from the Settlement Administrator informing them that “checks to successful claimants are expected to mail within the next 45-60 days” and that payments could be as high as $410. We cannot confirm that this is accurate, but we will provide updates as soon as we learn of them. If you receive a check, let us know in the comments below and/or on our Facebook page!

Proof of Purchase

N/A

Claim Form

Claim Form Deadline

12/17/2015

Case Name

Flanigan v. The Warranty Group Inc., et al., Case No. 14-CH-00956, in the Circuit Court of Cook County, Illinois, County Department, Chancery Division

Final Hearing

12/3/2015

Settlement Website

www.CallBackSettlement.net

Claims Administrator

Flanigan v. The Warranty Group Inc.
Settlement Administrator
P.O. Box 3967
Portland, OR 97208-3967
1-866-686-8704
info@CallBackSettlement.net

Class Counsel

Jay Edelson
Rafey S. Balabanian
Ari J. Scharg
John C. Ochoa
EDELSON PC

Defense Counsel

WINSTON AND STRAWN LLP

BRYCE DOWNEY LENKOV LLC

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 — separate from the compensation available under the HSBC TCPA class action settlement. Obtain a free case evaluation now.