Last week, A&B Insurance and Financial LLC (A&B Insurance) agreed to pay $4.25 million to settle claims that it violated the Telephone Consumer Protection Act (TCPA) by initiating telephone calls to consumers without prior express consent, as required by the TCPA, including some calls to consumers on the federal Do Not Call Registry. Lead plaintiffs, Jim Youngman and Robert Allen, claimed that A&B Insurance (through a third party vendor) made prerecorded calls to their cell phones. Youngman and Allen’s statement to the Florida federal court said, “Plaintiffs believe that the claims asserted in the action have merit. Nonetheless, plaintiffs and their counsel recognize and acknowledge the expense, time, and risk associated with continued prosecution of the action against A&B Insurance. Therefore, plaintiffs and their counsel believe that it is desirable that the released claims be fully and finally compromised, settled, dismissed with prejudice.” According to the complaint, Youngman and Allen asked for $1,500 per TCPA violation.
Consumers who received prerecorded calls from A&B Insurance from August 18, 2012 through April 26, 2017, are qualified to receive settlements funds; after $1.46 million is paid out in attorneys’ fees and costs, each class member is expected to receive approximately $85 each.