United States District Court, Southern District of Florida
Justin Mark Boise v. ACE American Insurance Company, and ACE USA, Inc.
Case No. 1:15-cv-21264-MGC
LEGAL NOTICE BY ORDER OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
IF YOU ARE OR WERE A CUSTOMER OF NATIONSTAR MORTGAGE OR BB&T BANK AND RECEIVED TELEMARKETING CALLS FROM ACE AMERICAN INSURANCE COMPANY, YOU COULD RECEIVE A PAYMENT FROM A CLASS ACTION SETTLEMENT.
PLEASE DO NOT CONTACT ACE INSURANCE COMPANY OR THE COURT FOR INFORMATION
A federal court authorized this Notice. This is not a solicitation from a lawyer.
Si desea recibir esta notificación en Español, visite nuestra página web o llámenos.
A proposed national settlement has been reached in a class action lawsuit known as Justin Mark Boise v. ACE American Insurance Company and ACE USA, Inc., No. 1:15-cv-21264-MGC (S.D. Fla.) (the “Action”), alleging that ACE American Insurance Company (“ACE”) violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 by allegedly initiating unsolicited telemarketing calls. ACE denies the allegations in the Action. You may be a member of the Settlement Class whose rights are affected by this Action and the proposed settlement thereof. The sole purpose of this Notice is to inform you of the settlement so that you may decide what steps to take in relation to it.
The parties have engaged in comprehensive settlement negotiations and information exchanges. Following the parties’ negotiations, the parties have reached an agreement (the “Settlement Agreement”) providing for Settlement of the Action and all claims related to the allegation that ACE initiated unsolicited telemarketing calls. The Settlement Agreement affects all individuals in the United States who are or were customers of Nationstar Mortgage or BB&T Bank, on or after October 16, 2013, who: (1) received more than one telephone call made by or on behalf of ACE within a 12-month period; (2) to a telephone number that had been registered with the National Do Not Call Registry for at least 30 days. Defined terms, other than those defined in this Notice, shall have the meaning set forth in the Settlement Agreement. A copy of the Settlement Agreement is posted on the Settlement Website at www.ACETCPASettlement.com.
The Settlement, if approved, would provide for a Settlement Fund in the amount of $9,760,000, which would constitute ACE’s exclusive payment obligation under the Settlement Agreement. The Settlement Fund will be used to pay: (a) Cash Benefits paid to Settlement Class Members, as prescribed by the Settlement Agreement; (b) Attorneys’ Fees and Costs, as awarded by the Court; (c) any Incentive Award awarded to Justin Mark Boise; (d) Settlement Administration Costs, including costs of notice (including CAFA Notice); and (e) if necessary, any cy pres payment to one or more charitable organizations pursuant to the procedures described in Section IV of the Settlement Agreement. The Settlement avoids the further cost and risk associated with continuing the lawsuit; pays money to Class Members; and releases ACE from further liability.
Class Counsel believe that the claims asserted in the Action have merit, but that the Settlement, described below, is in the best interests of the Settlement Class. Class Counsel have evaluated information made available in the course of the Action and settlement negotiations and have taken into account the risks and uncertainties of proceeding with this litigation. Those risks include the uncertainty of prevailing on the merits, proving substantial damages at trial, and prevailing on post-trial motions and likely appeals. Based upon their consideration of these factors, and on the substantial time and expense that will be incurred, Class Counsel believe it is in the best interests of the Settlement Class to settle the Action and the Class Released Claims on the terms described below.
ACE denies any wrongdoing and does not believe that it has any liability to the Class Representative or the Settlement Class. ACE, however, believes that it is in its best interest to settle the Action, under the terms of the Settlement Agreement and obtain closure on these matters for the purpose of avoiding the uncertainties, expense of, and diversion of business resources resulting from further litigation.
This Notice does not imply that there have been or would be any findings of violation of the law by ACE or that recovery could be had in any amount if the Action were not settled.
The following is a summary of pertinent provisions of the Settlement Agreement and is not a complete statement of the Settlement or of the Action. To take effect, the Settlement Agreement must be approved by the Court.
Your legal rights are affected whether you act or do not act. Please read this Notice carefully.
On the website there is a complete notice of the Settlement in Spanish.
En el sitio web hay una notificación completa del acuerdo en Español.
|YOUR LEGAL RIGHTS
|FILE A CLAIM FORM AND RECEIVE A CASH BENEFIT
If you are a Settlement Class Member and send the Settlement Administrator a Claim Form with an Approved Claim, you will receive a Cash Benefit in the form of a settlement check. Depending upon the amount of the payment that you will receive, you may be required to provide a Taxpayer Identification or a Social Security Number to the extent required by Internal Revenue Service regulations. Cash Benefits will be paid from the Settlement Fund, after the payment of Attorneys’ Fees and Costs, an Incentive Award and Settlement Administration Costs.
Each Class Member who files a Claim Form with an Approved Claim will receive a pro rata share of the Total Class Member Benefits Payout, with payments to be equally divided among claiming Settlement Class Members. Multiple subscribers or users of any unique telephone number will be entitled to a single recovery.
If you do nothing, you will give up the right to sue ACE separately for the legal claims in this case and released by the Settlement.
|EXCLUDE YOURSELF OR “OPT OUT” OF THE SETTLEMENT
||If you ask to be excluded, also known as “opting out,” you will get no Cash Benefit from the Settlement, but you may be able to pursue or continue your own lawsuit against ACE about the legal claims in this case.
|| Write to the Court about why you believe the Settlement is unfair.
|GO TO A HEARING
||Ask to speak in Court about the fairness of the Settlement.
These rights and options—and the deadlines to exercise them—are explained in this Notice.
The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made if the Court approves the Settlement and after any appeals are resolved. Please be patient.