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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
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 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
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.
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119 thoughts onThe Warranty Group TCPA Class Action Settlement
John knows it all!
You do any of you actually understand the class action? You have had to had previously called ARW but had hung up before reaching an operator, then have had to had their telemarkers call you back while you are on the do not call list. So you had to have three factors to be an actual clamiant. I highly doubt that the many people that applied were eligible. If they mailed postcards ( I have no idea if they did ) to the numbers of people on the list who this had happend to those would probably be the only people paid, these people would not be commenting on a thread such as this.
Lots of companies call people on the do not call list. They dont pay attention to that. People know what the classaction is about. When you email hese people, they always give different answers.
WHERE IS OUR $ !?!?! NO ONE HAS RECEIVED A DIME! TCA – You guys REALLY need to look into these people at The Warranty Group.
Who are the people to write to or email about them not paying? The settle admins are not answering email, or give different answers. So who do you complain to about them not paying?
And to JAMES, WHO ARE YOU AND WHY DONT YOU TAKE A HIKE. US CLAIMANTS ARE JUST THAT CLAIMANTS AND YES WE HAVE EVERY RIGHT TO KNOW THE STATUS OF OUR CLAIMS. WITHOUT US THERE WOULD BE NO CLASS ACTIONS AND ADMINISTRATORS AND LAWYERS WOULD NOT BE GETTING RICH OFF US. THE COURT HAS ORDERED ADMINISTRATORS DEADLINES FOR DISTRIBUTION OF CHECKS TO CLAIMANTS. SOME OF THESE COMPANIES WHO ARE ADMINISTRATORS ARE CROOKS AND THIEVES. AND THIS ONE IS ONE OF THEM.THEY ARE STEALING OUR MONEY AND DENYING US VALID AND TIMELY INFORMATION ON OUR INDIVIDUAL CLAIMS. THIS IS ILLEGAL AND THE COURT NEEDS TO KNOW ABOUT IT.AS TO YOUR COMMENT THAT ADMIN CAN DENY A CLAIM BECAUSE WE EMAIL THEM TO MUCH IS HOGWASH AND THAT IS WHY THEY ARE THERE AND PAID TO DO . THEY ARE NOT THERE TO RUN US IN CIRCLES , LIE AND STEAL OUR MONEY. SO GET LOST AND GO BACK TO WHERE YOU CAME FROM . YOU ARE NOTHING BUT A LIAR AND AN IDIOT HOW KNOWS ABSOLUTELY NOTHING. GET A LIFE . LEAVE US ALONE. LATE
THEY ARE A BUNCH OF LIARS AND STEALING OUR MONEY. I AM WRITING THE JUDGE IN THIS CASE. TO HAVE THIS INVESTIGATED. THEY ARE THIEVES AND WE HAVE EVERY RIGHT TO KNOW WHEN AND IF A CHECK WAS MAILED. THESE EMAILS THEY SEND OUT ARE CONTRADICTING ONE ANOTHER AND ARE SCREWING WITH CLAIMANTS. THIS IS COURT ORDERED IT IS NOT A TUG A WAR GAME. THEY HAVE CROSSED THE LINE AND NEED TO BE INVESTIGATED NOW.
I received this on May 25th 2016!!!! Dear Mark Smith,
Thank you for your email.
We do not have a specific date when a disbursement will occur to successful claimants in this case. You may wish to contact us again in a few weeks for an update.
Regards,
Victoria J.
Flanigan v. The Warranty Group, Inc.
Settlement Administrator
OMG! Again, a different comment from them. You just cant believe anything they say.
If you didnt get a check it is because your claim was denied. The admin, gave no reason as to why.
The thing is Scott – NO ONE has confirmed or posted that indeed they received a check…when in fact these people are saying that checks have been send out…TO WHO? ANYBODY? ANYWHERE?
So what, its kind of the same thing
I DONT THINK ANYONE GOT PAID. This is what they are telling me now. I agree with you John, they ALWAYS change their story———————————
Dear Mr. Boeheim,
Thank you for your email.
Checks were sent out to claimants who both appeared on the Defendant’s list as eligible to receive an award in this Settlement and who filed complete claims. As your name did not appear on the Defendant’s list as an eligible class member, your claim was denied. This decision is not appealable.
Regards,
Victoria J.
Flanigan v. The Warranty Group, Inc.
Settlement Administrator
hi, I just called the lawyers office the gal that answered the phone said the checks went out in April and pls be patient in receiving them. I said they went out in April and be patient receiving them its June . She said let me have your name and number and we will reissue new check. Something is definitely odd and off with this.
What number did you call? When I call them I just get a recording.