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This settlement is closed!
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After more than two years of intense litigation, First Family Insurance has agreed to settle a class action lawsuit that alleges the company placed unsolicited telemarketing calls to numbers that were registered on the National Do Not Call Registry, in violation of the Telephone Consumer Protection Act.
On Oct. 24, 2014, plaintiff Arthur Biringer filed the class action lawsuit against First Family Insurance, alleging, among other things, that First Family purchased leads from a host of third parties and then contacted those consumers directly to offer them supplemental Medicare insurance.
However, First Family reportedly failed to remove data for consumers who listed their number on the National Do Not Call Registry prior to making outbound telemarketing calls.
Instead, Biringer contends that First Family Insurance rested on the assumption that all numbers present on the Do Not Call Registry had conveyed adequate consent to be contacted.
The TCPA was enacted by Congress more than 20 years ago to regulate the explosive growth of telemarketing, which it recognized as a nuisance and an intrusive invasion of privacy.
Among other things, the TCPA and its accompanying regulations, prohibit sellers from making telephone solicitations to people who have listed their telephone numbers on the National Do Not Call Registry.
Under the terms of the First Family Insurance TCPA class action settlement, eligible Class Members who submit a valid and timely Claim Form could receive a cash payment of up to $70 per claim.
The $2.9 million settlement amount will also be used to pay plaintiffs’ attorneys’ fees in the amount of $966,666 plus out-of-pocket costs of $79,803, as well as the Class Representative’s incentive awards for his effort in bringing the class action lawsuit, of $15,000, and the claim administrator’s fees and expenses.
First Family Insurance denies that it did anything wrong and denies that this lawsuit would be granted Class certification in litigation.
Class Members who wish to exclude themselves or object to the terms of the settlement must do so by Mar. 3, 2017.
Who’s Eligible
The settlement Class includes all individuals who “if, on or after October 24, 2010, First Family, or a third party acting on First Family’s behalf” received two or more phone calls within a 12 month period on a telephone number that was on the National Do Not Call Registry.
Potential Award
$50-70
The amount each eligible claimant will receive from the settlement depends on the number of valid Claim Forms that settlement Class Members submit once claims administration, attorneys’ fees, attorneys’ expenses and the Class Representative award are approved by the Court and deducted from the settlement fund.
It is estimated each claimant will receive approximately $50-70 per claim, but this is only an estimate.
Proof of Purchase
Claimants must provide the phone number at which calls regarding First Family were received.
Claim Form
Claim Form Deadline
3/3/2017
Case Name
Biringer v. First Family Insurance Inc., et al., Case No. 4:14-cv-00566-RH-CAS, in the U.S. District Court for the Northern District of Florida
Final Hearing
4/20/2017
UPDATE: The First Family Insurance TCPA settlement received final approval from the court on April 24, 2017. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
www.FirstFamilyInsuranceTCPASettlement.com
Claims Administrator
First Family Insurance Settlement Claims Administrator
c/o Kurtzman Carson Consultants
PO Box 43439
Providence, RI 02940-3439
1-877-593-1777
Class Counsel
Edward A. Broderick
Anthony I. Paronich
BRODERICK & PARONICH PC
Tim Howard
HOWARD & ASSOCIATES
Matthew P. McCue
LAW OFFICE OF MATTHEW P. MCCUE
Defense Counsel
Richard A. Fillmore
Lucian B. Hodges
LUTHER COLLIER HODGES & CASH 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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26 thoughts onFirst Family Insurance TCPA Class Action Settlement
We never received our check. here it is 2021 and I still have the form I filled out and postmarked before the deadline.
How much are the checks ?
Someone posted a check for $104.78
I received a check from First Family Insurance Settlement Administration July 24, 2017 . The problem is it is in my husband William Baumgartner’s name. He passed away September 23,2016 . I am asking if you can sent another check in my name Nancy Baumgartner. I don’t feel like signing his name and then mine. Please email back at Baumgartnernancy@comcast.net . Thank you
Nancy Baumgartner 525 Peach Tree Drive Cambridge, Md. 21613
You’ll need to contact the settlement administrator to request a check reissue:
Kurtzman Carson Consultants
PO Box 43439
Providence, RI 02940-3439
1-877-593-1777
You can also try contacting class counsel as well. Class counsel is listed in the article and can be Googled for contact information.
TCA do you have any information that checks are being received? Some people are saying they received their checks already.
Yes, we’ve had viewers report that checks have been received. You should contact the settlement administrator to inquire about the status of your claim.