Motor Vehicle Assurance TCPA Class Action Settlement

Motor Vehicle Assurance has agreed to pay a $419,000 settlement to end claims that the company violated federal law by calling customers’ cell phones and phone numbers listed on the National Do Not Call List.

Class Members include all those who were called on a cellular telephone by Motor Vehicle Assurance in an attempt to sell a Sunpath product between Dec. 18, 2013 and Sept. 30, 2019 or while they were on the National Do Not Call Registry for at least 30 days.

The Motor Vehicle Assurance class action settlement notes that there are 7,835 numbers who received these messages.

If you received a notice in the mail about the Motor Vehicle Assurance settlement, you are determined to be a Class Member. Consumers who are not sure if they are a settlement Class Members are welcome to contact the Settlement Administrator.

Plaintiffs claimed that Motor Vehicle Assurance violated the Telephone Consumer Protection Act by calling consumers’ cell phones without their consent and by calling phone numbers listed on the National Do Not Call List.

Allegedly, the company knew or should have been aware of the law’s restrictions. Consumers say that their privacy was violated by the calls and that they were inconvenienced.

Motor Vehicle Assurance does not admit any liability in the TCPA class action lawsuit, but agreed to settle with consumers nonetheless. Consumers and Motor Vehicle Assurance agreed that it was preferable to reach a settlement than to continue to incur the costs and risks associated with litigation.

Class Members who submit a valid claim for benefits are eligible to receive a pro rata share of the settlement fund. The costs for settlement administration, attorneys’ fees and expenses, and Class Representatives will first be deducted from the $419,000 settlement amount. Claimants will then receive benefits from the remainder.

The settlement website notes that payments are estimated to be around $200 each, but this number could go up or down depending on the number of claims submitted.

Consumers must provide a claim number and a PIN to submit a claim online. Claim forms can also be printed and mailed, if a Class Member does not wish to submit their claim online. The deadline to file a claim is May 4, 2020.

If Class Members choose to remain in the settlement Class and receive benefits, they should be aware that they will give up their rights to sue Motor Vehicle Assurance independently over the TPCA issue.

Class Members who do nothing and do not claim benefits will have their rights nonetheless affected — they will also give up their rights to sue.

Those who submit claims and remain in the Class will receive benefits in the form of a check sent by mail if the settlement receives final approval. It may take a fair amount of time for benefits to become available, particularly if the settlement terms are revised, or if an appeal is initiated.

A final approval hearing for the Motor Vehicle Assurance TCPA class action settlement has been set for June 9, 2020.

Who’s Eligible

Customers who were sold a Sunpath product any time between Dec. 18, 2013 and Sept. 30, 2019 and were called on a cellular telephone or while they were on the National Do Not Call Registry for at least 30 days.

Potential Award

Payments are estimated to be around $200 each, but this number could go up or down depending on the number of claims submitted.

Proof of Purchase

Consumers must provide a claim number and a PIN to submit a claim online.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

5/4/2020

Case Name

John Heaton, et al. v. Motor Vehicle Assurance LTD, et al., Case No. 4:17-cv-40169-TSH, in the U.S. District Court for the District of Massachusetts

Final Hearing

6/9/2020

Settlement Website

www.MVATCPASettlement.com

Claims Administrator

Heaton v. Motor Vehicle Assurance
c/o KCC Class Action Services LLC
P.O. Box 43502
Providence, RI 02940-3502
1-866-507-8029

Class Counsel

Anthony I. Paronich
PARONICH LAW PC

Alex Washkowitz
CW LAW GROUP PC

Defense Counsel

Not available.

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

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