Ace Insurance to Settle TCPA Claims for Nearly $10 Million

TCPA claims originally filed against Ace Insurance in April 2015 over unsolicited calls are expected to be settled for $9.76 million.

The TCPA claims were first filed in April 2015, and alleged that Ace had violated the Telephone Consumer Protection Act by autodialing consumers across the country with advertising calls.

The case was stayed and partially dismissed in July 2015 because of the Spokeo decision that was pending in the Supreme Court at the time.

In July 2016, a year after its initial dismissal, the TCPA claims against Ace Insurance were reopened. It only took until December 2016 for a notice of settlement for the TCPA claims to be filed with the court.

The notice of settlement for $9.76 million was filed without any further details. Ace agreed to the settlement, saying that the agreement was “solely for purposes of avoiding the expense and inconvenience of further litigation,” according to the company’s note.

Ace Insurance TCPA Claims

The TCPA claims against Ace Insurance allege that the insurance company made unsolicited marketing calls to bank customers already listed on a federal anti-telemarketing registry. The anti-telemarketing registry indicates that consumers revoked any prior express consent to receive such calls.

The proposed settlement includes a class of consumers, including bank customers from Nationstar Mortgage and BB&T Bank signed up for the National Do Not Call Registry, who were called by Ace American Insurance Co. sometime after October 16, 2013.

30 percent ($2.9 million) of the settlement fund is set to be applied to attorneys’ fees, leaving $6.86 million to be divided among class members

TCPA Basics

The Telephone Consumer Protection Act, or TCPA, was introduced in 1991. The TCPA was intended to protect consumers from unwanted solicitation through technology.

The Telephone Consumer Protection Act has always focused on the placement of unwanted robocalls, or the use of an autodialer or pre-recorded messaging system to contact consumers who have not given their explicit permission to receive such calls.

However, as new technology such as cell phones has emerged, the TCPA has further expanded to include SMS text messaging as well as traditional robocalls.

Filing TCPA Claims

Reporting TCPA violations or filing a lawsuit over unwanted robocalls like this lawsuit over Ace Insurance TCPA claims can help force companies to comply with TCPA rules.

Reports of such violations may also reward consumers with a set amount of award money per individual violation.

According to the Federal Communications Commission, or FCC, reports of TCPA violations are extremely common. The FCC received more than 215,000 individual TCPA complaints in 2014 alone.

If you have received robocalls from a company such as Ace Insurance without having given prior express permission, or after placing your name on a federal Do Not Call telemarketer list, you should be able to report these violations and receive compensation per violation.

A company that makes robocalls in willful or knowing violation of the TCPA may be subject to higher fees than those who did so unknowingly.

For instance, a call simply violating the TCPA can entitle the plaintiff to $500, but a violation made in willful or knowing violation of the TCPA can increase that award to up to $1,500, or triple the original award.

In order for your TCPA claims to be most effective, you will need proof of these violations. Keep messages and phone records of the robocalls placed to your phone.

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.

Get a Free Case Evaluation Now