Abante Rooter & Plumbing, Inc. v. Oh Ins. Agency

Abante Rooter & Plumbing, Inc. v. Oh Ins. Agency, No. 1:15-cv-09025 (N.D. Ill.)

United States District Court for the Northern District of Illinois

If you received a telemarketing call on a cell phone for Allstate between April 19, 2013 and February 21, 2017, you may be entitled to benefits under a class action settlement.

A federal court authorized this notice. This is not a solicitation from a lawyer.

A Plaintiff (“Class Representative”) brought a lawsuit alleging that Oh Insurance Agency violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, by causing calls to be made to cell phones using an automatic telephone dialing system or an artificial or prerecorded voice, without consent, and that Allstate Insurance Company is vicariously liable for the call.

A settlement has been reached in this case, which, if approved, will provide a $10,500,000 fund (“Settlement Fund”) from which eligible persons whose addresses are known and received a postcard notice regarding this case will receive cash awards. In addition, the limited subset of class members whose addresses are not known will have the opportunity to a claim to receive a cash award if the records in the case reflect that the person filing a claim received one of the affected calls. If you received a postcard notice through the mail, you do not need to file a claim to receive your award. The cash awards are estimated to be about $100 to $120 per award.

You are in the “Settlement Class” if you were called on one of 53,743 specific cell phone numbers to which Oh Insurance Agency made calls using a SalesDialers-brand dialing system for the purpose of encouraging the purchase of Allstate goods or services, between April 19, 2013 and February 21, 2017.

In addition to paying settlement awards to Settlement Class Members, the Settlement Fund will be used to pay attorneys’ fees and costs to attorneys representing the Class Representative and the Class (“Class Counsel”), any award to the Class Representative, the reasonable costs of notice and administration of the Settlement, and a possible charitable contribution if there are uncashed settlement award checks.

Your legal rights are affected whether you act or don’t act. Read the notice carefully.

Para un operador telefónico de habla Español, llame al 1-855-222-6832.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

If you received a postcard notice and do nothing

You will receive a payment and will give up any rights to sue Oh Agency, Allstate, or anyone else separately regarding the legal claims in this case.

If You Did Not Receive a Postcard Notice in The Mail You Must Submit a Claim Form

If you did not receive a postcard notice in the mail regarding this case, you must submit a valid and timely claim form through this settlement website or by mail to Oh Agency TCPA Settlement, c/o KCC Class Action Services, P.O.Box 404000, Louisville, KY, 40233-4000. If you fail to submit a claim and your phone number is on the Class List of 53,743, you will not receive a settlement payment and will give up any rights to sue Oh Agency, Allstate, or anyone else separately regarding the legal claims in this case.

Exclude Yourself or "Opt Out" of the Settlement

Get no payment. If you exclude yourself, you will not waive any rights you may have against Oh Agency, Allstate, or anyone else with respect to the legal claims in this case.

Object

Write to the Court about why you believe the Settlement is unfair. Even if you file a valid and timely objection, if you received a postcard notice in the mail regarding this case, you will still receive payment in this case. If you did not receive a postcard notice in the mail regarding this case, if you submit a valid claim form, you will still receive a payment even if you object.

Go to the Final Approval Hearing

Ask to speak in Court about the fairness of the Settlement if you file a valid and timely objection.

 These rights and options - and the deadlines to exercise them - are explained in the notice. The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made to Class Members that received a postcard notice in the mail and on valid and timely claims if the Court approves the Settlement and after any appeals are resolved. Please be patient.