Frequently Asked Questions
- Why did I get a notice?
- What is this lawsuit about?
- Why is this a class action?
- Why is there a Settlement?
- How do I know if I am part of the Settlement?
- What does the Settlement provide?
- How much will my payment be?
- How do I obtain or apply for a payment?
- When would I receive my payment?
- What am I giving up to receive a payment or stay in the Class?
- How do I exclude myself from the Settlement?
- If I don’t exclude myself, can I sue Motor Vehicle Assurance for the same thing later?
- If I exclude myself, can I get money from this Settlement?
- Do I have a lawyer in this case?
- How will the lawyers and Class Representative be paid?
- How do I tell the Court that I do not like the Settlement?
- What is the difference between objecting and excluding/opting out?
- When and where will the Court decide whether to approve the Settlement?
- May I speak at the hearing?
- What happens if I do nothing at all?
- How do I get more information?
- Why did I get a notice?
If you received a notice in the mail, it is because records in the case indicate that you are a member of the proposed Settlement Class in this Action. Generally, this means that Motor Vehicle Assurance called your phone number to sell a Sunpath, Ltd. product at any time between December 18, 2013 to September 30, 2019 on your cellular telephone or while you were on the National Do Not Call Registry for at least 30 days. If you are a member of the Settlement Class, then your rights will be affected under the proposed Settlement.
Top - What is this lawsuit about?
Plaintiff John Heaton, on behalf of himself and a class of purportedly similarly situated people, alleges that Defendant Motor Vehicle Assurance and Defendants National Auto Protection Corp. and Sunpath, Ltd. (the “Non-Settling Defendants”) violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, by making automated calls to cell phones offering the sale of a Sunpath, Ltd. product or by calling phone numbers that were on the National Do Not Call Registry for at least 30 days.
Motor Vehicle Assurance expressly denies that it did anything wrong or that this case is appropriate for treatment as a class action outside of the settlement context. Motor Vehicle Assurance generally denies the allegations in the lawsuit.
Top - Why is this a class action?
In a class action, one or more people called Class Representatives (in this case, Plaintiff Heaton) sue on behalf of people who have similar claims. All these people are a class or class members. One court resolves the issues for all class members, except for those who exclude themselves from the class. Judge Timothy S. Hillman is in charge of this class action.
Top - Why is there a Settlement?
The Court did not decide in favor of either side; both parties agreed to this Settlement instead of going to trial. That way, they avoid the significant cost of a trial, and the people affected will get compensation. The Class Representative and the attorneys think the Settlement is best for all Settlement Class Members.
Top - How do I know if I am part of the Settlement?
The Settlement provides certain relief for the Settlement Class. The “Settlement Class” means the persons on the Class List. For self-identification purposes, the Class List may be described as:
Plaintiff and all called persons by Settling Defendant (or on its behalf) that were sold a Sunpath, Ltd. product
at any time between December 18, 2013 to September 30, 2019 that were called on a cellular telephone or
while they were on the National Do Not Call Registry for at least 30 days.There are 7,835 unique phone numbers on the Class List.
If you received a notice in the mail, records indicate that you are a member of this Settlement Class. If you have questions about whether you are a Settlement Class Member, or are still not sure whether you are included, please contact the Settlement Administrator through the Contact Us tab.
Top - What does the Settlement provide?
Motor Vehicle Assurance agreed to create a Settlement Fund of $419,000.00. This amount will be divided among all Settlement Class Members who send in a valid Claim Form, after the costs of notice and administration, attorneys’ fees and costs/expenses, and any incentive award to the Class Representative have been deducted.
Top - How much will my payment be?
If the Settlement is approved as requested, it is estimated that each Class Member may receive approximately $200.00, but that amount could go up or down substantially based upon the number of valid claims and the Court’s decision as to the monetary terms of the Settlement.
Top - How do I obtain or apply for a payment?
To obtain payment, you must send in a valid Claim Form to the Settlement Administrator, who will verify your claim. You can obtain a Claim Form from on the Case Documents tab or by calling the Settlement Administrator at 1-866-507-8029 and requesting that a Claim Form be mailed to you. Read the instructions carefully, fill out the form, include all information the form asks for, sign it, and mail it postmarked no later than May 4, 2020.
Alternatively, you may submit a claim online through using the File a Claim tab, so long as it is submitted no later than May 4, 2020.
Top - When would I receive my payment?
Judge Hillman will hold a hearing on June 9, 2020, to decide whether to approve the Settlement. Judge Hillman may approve the Settlement at the hearing or he may take some additional time to reach that decision, which may then be subject to an appeal to a higher court. It is always uncertain when such appeals can be resolved, and resolving them can take time, perhaps more than a year; hopefully much sooner. Please be patient.
Top - What am I giving up to receive a payment or stay in the Class?
Unless you exclude yourself, you are staying in the Settlement Class. If you stay in the Class, then you cannot sue, continue to sue, or be part of any other lawsuit against Motor Vehicle Assurance, or any other Released Parties for similar claims that happened in the past. The exact release is available in the Settlement Agreement, which is posted on the Case Documents tab.
However, the Settlement’s release generally provides that, upon the Effective Date, Plaintiff and the Settlement Class Members who have not opted out or been otherwise excluded from the Settlement Class, and those claiming through them, shall be deemed to have fully and finally released and discharged the Released Parties from any and all liability for the Released Claims.
- “Released Parties” means Motor Vehicle Assurance, including its present and former officers, directors, stockholders, parent companies, subsidiary companies, affiliates, insurers, partners, employees, adjusters, agents, executors, administrators, predecessors, successors, and assigns.
- “Released Claims” means all claims, counterclaims, lawsuits, set-offs, costs, losses, rights, demands, charges, complaints, actions, causes of action, obligations, or liabilities of any and every kind, including without limitation (i) those known or unknown or capable or not capable of being known; (ii) claims arising under or relating to the TCPA or any similar state or federal law; (iii) statutory or common law claims predicated upon any alleged violations of the TCPA or any similar state or federal law; and (iv) statutory or common law claims predicated upon and/or arising from the use by any or all of the Released Parties or by any vendor retained by the Released Parties of any “automatic telephone dialing system,” and/or “artificial or prerecorded voice”.
It also means that all of the Court’s orders will apply to you and legally bind you. This is true whether or not you submit a Claim Form, although you won’t get any money unless you submit a Claim Form. If you were to file your own lawsuit with regard to the claims at issue, you could potentially recover between $500.00 and $1,500.00 per violation plus injunctive relief under the Telephone Consumer Protection Act. However, in that case, Motor Vehicle Assurance would assert any and all defenses available to it in such a suit.
Top - How do I exclude myself from the Settlement?
If you don’t want a payment from this Settlement, and you want to keep the right to sue or continue to sue Motor Vehicle Assurance on your own about the legal issues in this case, then you must take steps to exclude yourself from the Settlement – also referred to as opting out of the Class.
To exclude yourself from the Settlement, you must send a letter that states you want to be excluded from the Settlement Class in Heaton v. Motor Vehicle Assurance, Case No. 4:17-cv-40169 (D. Mass.). Be sure to include your full name, address, and telephone number. The exclusion request must also include your signature or, in the case of a person in the Settlement Class who is deceased or incapacitated, the signature of the legally authorized representative of such person. You must mail your exclusion request postmarked no later than April 20, 2020, to:
Heaton v. Motor Vehicle Assurance
Settlement Administrator
P.O. Box 43502
Providence, RI 02940-3502If you ask to be excluded, you will not get any Cash Award, 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 (or continue to sue) Motor Vehicle Assurance and any other Released Parties in the future.
Top - If I don’t exclude myself, can I sue Motor Vehicle Assurance for the same thing later?
No. Unless you exclude yourself, you give up any right to sue Motor Vehicle Assurance and related companies and other Released Parties for the claims that this Settlement resolves. If you have a pending 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 Class to continue your own lawsuit. Remember, the exclusion deadline is April 20, 2020.
Top - If I exclude myself, can I get money from this Settlement?
No. If you exclude yourself, you cannot receive money from this Settlement. But, if you exclude yourself from this Settlement, you may sue, continue to sue, or be part of a different lawsuit against Motor Vehicle Assurance and other Released Parties based on the legal issues in this case.
Top - Do I have a lawyer in this case?
The Court appointed Anthony I. Paronich of Paronich Law, P.C. and Alex Washkowitz of CW Law Group, P.C., to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers; they will be compensated as part of the Settlement. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How will the lawyers and Class Representative be paid?
Class Counsel will ask the Court to approve payment of up to one-third of the total Settlement Fund, or $139,666.66, in attorneys’ fees for investigating the facts, litigating the case, and negotiating the Settlement. Class Counsel will also seek their out-of-pocket costs expended in association with this matter (estimated to be no more than $4,250.00), and an award of $5,000.00 to Plaintiff Heaton for his services as Class Representative. The Court may award less than these amounts. Motor Vehicle Assurance has not taken any position as to these anticipated award requests. These payments, along with the costs of administering the Settlement, will be deducted from the Settlement Fund.
Top - How do I tell the Court that I do not like the Settlement?
If you are a Settlement Class Member, you can object to the Settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter to the Settlement Administrator, saying that you object to the proposed Settlement in Heaton v. Motor Vehicle Assurance, Case No. 4:17-cv-40169 (D. Mass.). You must include each of the following: (1) your full name, address, telephone number, and the telephone number(s) called by or on behalf of Motor Vehicle Assurance (if different); (2) whether the objection applies only to you, to a specific subset of the Class, or to the entire Class; (3) the specific grounds for the objection, and a detailed statement of the factual and legal basis for such objections; (4) the identities and contact information for any counsel representing you in relation to the case or objection; (5) the identity of all witnesses, including the witness’s name and address, and a summary of such witness’s proposed testimony, whom you may call to testify at the Final Approval Hearing, along with the description and production of copies of all evidence you may offer at the Final Approval Hearing; and (6) whether you and/or your attorney intend to appear at the Final Approval Hearing. The objection must also include your actual written signature. Your objection to the Settlement must be postmarked no later than April 20, 2020.
The Objection must be sent by mail to:
Heaton v. Motor Vehicle Assurance
Settlement Administrator
P.O. Box 43502
Providence, RI 02940-3502Any attorney of an objecting Settlement Class Member who intends to appear at the Final Approval Hearing must enter a written Notice of Appearance of Counsel with the Clerk of the Court no later than April 20, 2020, and shall include the full caption and case number of each previous class action case in which such counsel has represented an objector.
Top - What is the difference between objecting and excluding/opting out?
Objecting is simply telling the Court that you do not like something about the Settlement. You can only object if you stay in the Settlement Class. Excluding yourself or “opting out” is telling the Court that you do not 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.
Top - When and where will the Court decide whether to approve the Settlement?
The Court will hold a hearing to decide whether to approve the Settlement. This Final Approval Hearing will be held at 3:00 p.m., on June 9, 2020, at Courtroom 1 of the Donohue Federal Building, 595 Main Street, Worcester, Massachusetts 01608. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and whether to award attorneys’ fees, costs/expenses, and incentive award as described above, and in what amounts. If there are objections, the Court will consider them.
At or after the hearing, the Court will decide whether to approve the Settlement. We do not know how long it will take the Court to issue its decision. It is not necessary for you to appear at this hearing, but you may attend at your own expense. To keep track of what is happening in the Settlement proceedings, please regularly check this website for updates.
Top - May I speak at the hearing?
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter to the Settlement Administrator saying that you object to the proposed Settlement and that you intend to appear (either on your own behalf or through counsel) at the Final Approval Hearing in Heaton v. Motor Vehicle Assurance, Case No. 4:17-cv-40169 (D. Mass.). Be sure to include your full name, address, telephone number, the reasons you object to the Settlement and, if applicable, the full name, address and telephone number of your counsel. Objection requirements are more fully described in Paragraph 16 above. Your letter must be postmarked no later than April 20, 2020. You cannot speak at the hearing if you exclude yourself.
Top - What happens if I do nothing at all?
If you do nothing, then you will not receive a payment. To receive a payment, you must submit a Claim Form. Unless you exclude yourself, you cannot start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Motor Vehicle Assurance about the legal issues in this case, ever again.
Top - How do I get more information?
This website summarizes the proposed Settlement. More details are available in the Settlement Agreement. You can get a copy of the Settlement Agreement by writing to Heaton v. Motor Vehicle Assurance Settlement Administrator, P.O. Box 43502, Providence, RI 02940-3502, or by visiting the Case Documents tab.
You can contact the Settlement Administrator using the Contact Us tab to help you determine whether you are a Settlement Class Member and whether you are eligible for a payment.
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