Abante Rooter vs. New York Life TCPA Settlement

Frequently Asked Questions

  1. What is this Notice and why should I read it?
  2. What is this lawsuit about?
  3. Why is there a settlement?
  4. How do I know if I am a part of the settlement?
  5. What does the settlement provide?
  6. How much will my payment be?
  7. How do I make a claim?
  8. When will I get my payment?
  9. What am I giving up to get a payment or stay in the Settlement Class?
  10. How do I get out of the settlement?
  11. If I don’t exclude myself, can I sue New York Life for the same thing later?
  12. If I exclude myself, can I get anything from this settlement?
  13. Do I have a lawyer in this case?
  14. How will the lawyers be paid?
  15. How do I object to the settlement?
  16. What’s the difference between objecting and excluding myself from the settlement?
  17. When and where will the Court hold a hearing on the fairness of the settlement?
  18. Do I have to come to the hearing?
  19. May I speak at the hearing?
  20. What happens if I do nothing at all?
  21. Are there more details about the settlement?
  22. How do I get more information?
  1. What is this Notice and why should I read it?

    The purpose of the Notice is to let you know that a proposed settlement has been reached in the class action lawsuit entitled Abante Rooter and Plumbing, Inc. v. New York Life Insurance Company, No. 16:-cv-03588-AKH. You have legal rights and options that you may act on before the Court decides whether to approve the proposed settlement. Because your rights will be affected by this settlement, it is extremely important that you read the Notice carefully. The Notice summarizes the settlement and your rights under it.

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  2. What is this lawsuit about?

    In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. All of these people are a class, or class members. One court resolves the issues for all class members, except those who exclude themselves from the class.


    Here, the class representative claims that, on or after May 13, 2012, New York Life violated the Telephone Consumer Protection Act, referred to as “TCPA”, by making calls to cellular telephones through the use of an automatic telephone dialing system or an artificial or prerecorded voice and to telephone numbers that were listed on the National Do-Not-Call Registry. The class representative claims that New York Life did not have the recipients’ permission to make these calls.


    The Court has certified a class for settlement purposes only, referred to as the “Settlement Class”. U.S. District Court Magistrate Judge Barbara Moses, referred to as the “Court”, is in charge of this class action.


    New York Life denies that it did anything wrong, denies that this case would be certified as a class action in litigation and denies any and all liability to Plaintiff and the putative class.

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  3. Why is there a settlement?

    The Court did not decide in favor or against either party. Instead, both sides agreed to a settlement. That way, they avoid the cost and uncertainty of a trial, and the people affected will get compensation. The class representatives and their attorneys think the settlement is best for the Settlement Class.

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  4. How do I know if I am a part of the settlement?

    You are in the “Settlement Class” if, on or after May 13, 2012, New York Life, or a third party acting on New York Life’s behalf:

    Called you on a cellular telephone using an automatic telephone dialing system or prerecorded voice; or


    Called you two or more times within a twelve month period on a telephone number that was on the National Do-Not-Call Registry.


    The Settlement Class does not include New York Life, any entity that has a controlling interest in New York Life, and New York Life’s current or former directors, officers, counsel, and their immediate families. The Settlement Class also does not include any persons who validly request exclusion from the Settlement Class. A person who does not exclude him or herself is a “Settlement Class Member.”

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  5. What does the settlement provide?

    New York Life has agreed to pay $3,350,000 to be divided among all Settlement Class Members who send in a valid Claim Form after any fees, costs, service awards, and settlement administration expenses have been deducted.

    New York Life has also implemented additional policies and procedures regarding the TCPA and other telecommunications laws.


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  6. How much will my payment be?

    Your share of the settlement will depend on the number of Claim Forms that Settlement Class Members submit. Assuming a 10% claims rate, you could receive approximately $800 per claim, but this is only an estimate and may change depending on how many people file claims.

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  7. How do I make a claim?

    To qualify for payment, you must submit a Claim Form by August 15, 2017. There are multiple ways to submit a Claim Form. A Claim Form was mailed to potential Settlement Class Members in the form of a postcard notice. Read the instructions on the postcard carefully, fill out the form, sign it, and mail it postmarked no later than August 15, 2017.

    You may also submit a Claim Form here.

    Claim Forms sent by mail must be postmarked by August 15, 2017 and mailed to:

    New York Life Settlement

    c/o KCC Settlement Administrator

    P.O. Box. 43492

    Providence, RI 02940-3492

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  8. When will I get my payment?

    The Court will hold a hearing on September 20, 2017 to decide whether to approve the settlement. If the settlement is approved, appeals may still follow. It is always uncertain when these appeals will be resolved; resolving them can take more than a year. If there are no appeals, you should expect payment by the end of the year. Please be patient.

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  9. What am I giving up to get a payment or stay in the Settlement Class?

    Unless you exclude yourself, you are staying in the Settlement Class and you will be a Settlement Class Member. That means you can’t sue, continue to sue, or be part of any other lawsuit against New York Life regarding the TCPA claims that are subject of the lawsuit and the settlement. If the settlement is approved and becomes final and not subject to appeal, then you and all Class Members release all “Released Claims” against all “Released Parties.” It also means that all of the Court’s orders will apply to you and legally bind you.

    The Settlement Agreement describes the claims you are releasing, referred to as “Released Claims”, and against whom you are releasing claims, referred to as “Released Parties”, in detail, so read it carefully. To summarize, the release includes TCPA claims that arise out of the alleged improper use of an “automatic telephone dialing system” and/or an “artificial or prerecorded voice” to make telephone calls to cellular phones, or calling telephone numbers on the National Do-Not-Call Registry without consent by New York Life or on New York Life’s behalf.

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  10. How do I get out of the settlement?

    To exclude yourself from the settlement, you must send a letter saying that you want to be excluded from the Abante Rooter and Plumbing, Inc. v. New York Life Insurance Company settlement. You must sign the letter and include the following statement: “I request to be excluded from the settlement in the New York Life action.” Please be sure to include your name, address, telephone number, and signature. You must mail your exclusion request postmarked no later than August 15, 2017 to the following address:

    New York Life Settlement

    c/o KCC Settlement Administrator

    P.O. Box 43492

    Providence, RI 02940-3492


    You cannot exclude yourself on the phone or by fax or email. If you ask to be excluded, you will not get any payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue New York Life in the future.

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  11. If I don’t exclude myself, can I sue New York Life for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue New York Life for the claims alleged in the lawsuit that this settlement resolves. If you already have a lawsuit that may relate to the claims being released as part of this class settlement, you should speak to your lawyer in that case immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit. Remember, the exclusion deadline is August 15, 2017.

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  12. If I exclude myself, can I get anything from this settlement?

    No. If you exclude yourself, do not submit a Claim Form to ask for a payment.

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  13. Do I have a lawyer in this case?

    The Court has appointed Broderick & Paronich, P.C., The Law Office of Matthew P. McCue and The Richman Law Group to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  14. How will the lawyers be paid?

    Class Counsel will ask the Court to approve payment of up to $1,151,166 to them for attorneys’ fees and expenses. This amounts to one third of the total $3,350,000 fund. This payment would pay Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. Class Counsel also will request a service award of $10,000 for the named Plaintiff to compensate it for its time and effort. The Court may award less than these amounts.

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  15. How do I object to the settlement?

    If you are a Settlement Class member and you do not exclude yourself from the Settlement Class, you can object to the settlement if you don’t like any part of it. You may give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to Abante Rooter and Plumbing, Inc. v. New York Life Insurance Company. You must make your objection in writing and file it with the Court. The written objection must (a) contain information sufficient to allow the parties to confirm that you are a member of the Settlement Class; and (b) include a statement of your specific objections, as well as any documents that you would like the Court to consider. You must file the objection with the Court no later than August 15, 2017.

    Abante Rooter and Plumbing, Inc. v. New York Life Insurance Company

    Case No. 16:-cv-03588

    Clerk of the Court

    U.S. District Court for the Southern District of New York

    500 Pearl Street

    New York, NY 10007-1312

    With copies to:

    Anthony Paronich, Broderick & Paronich

     99 High St., Suite 304

     Boston, MA 02110

    Lewis Wiener, Eversheds Sutherland LLP

    700 6th St NW

    Washington, DC 20001


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  16. What’s the difference between objecting and excluding myself from the settlement?

    Objecting simply means telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

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  17. When and where will the Court hold a hearing on the fairness of the settlement?

    The Court will hold the final fairness hearing at 10:00 a.m. on September 20, 2017, before the Honorable Magistrate Judge Barbara Moses at the United States District Court for the Southern District of New York, 500 Pearl Street, New York, NY 10007-131. The purpose of the hearing is for the Court to determine whether the settlement is fair, reasonable, adequate, and in the best interests of the class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive award to the class representative. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.

    Note: The date and time of the fairness hearing are subject to change by Court Order. Any changes will be posted at the Settlement website.

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  18. Do I have to come to the hearing?

    No. Class Counsel will answer any questions the Court may have. But you are welcome to come to the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time, and meets the other criteria described in the Settlement Agreement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to.

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  19. May I speak at the hearing?

    If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement Agreement. You cannot speak at the hearing if you exclude yourself. If you filed an objection and intend to appear at the hearing, you must state your intention to do so in your objection. To speak, you must send a letter saying that it is your “Notice of Intention to Appear” in Abante Rooter and Plumbing, Inc. v. New York Life Insurance Company, Case No. 16:-cv-03588. Be sure to include your name, address, telephone number, that you are a Class Member, and your signature. Your Notice of Intention to Appear must be received no later than August 15, 2017.   Again, the case name, case number, and Court address information for filing your Notice of Intention to Appear is:

     

    Abante Rooter and Plumbing, Inc. v. New York Life Insurance Company

    Case No. 16:-cv-03588

    Clerk of the Court

    U.S. District Court for the Southern District of New York

    500 Pearl Street

    New York, NY 10007-1312

    With copies to: Anthony Paronich, Broderick & Paronich

     99 High St., Suite 304

     Boston, MA 02110

    Lewis Wiener, Eversheds Sutherland LLP

    700 6th St NW

    Washington, DC 20001



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  20. What happens if I do nothing at all?

    If you do nothing, you’ll get no money from this settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against New York Life about the legal issues released in this case.

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  21. Are there more details about the settlement?

    This Notice summarizes the proposed settlement. More details are in the Settlement Agreement. You may review the Settlement Agreement on the Settlement Website.

    You can also get a copy of the Settlement Agreement by writing to Anthony Paronich, Broderick & Paronich, 99 High St., Suite 304, Boston, MA 02110, anthony@broderick-law.com.

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  22. How do I get more information?

    You can write to New York Life, c/o KCC Settlement Administrator, P.O. Box 43492, Providence, RI 02940-3492.

    You also may call Anthony Paronich at (508) 221-1510 or write to Anthony Paronich, Broderick & Paronich, 99 High St., Suite 304, Boston, MA 02110, or email anthony@broderick-law.com.

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