Gebka v. Allstate Insurance Company
Pending in the Northern District of Illinois Eastern Division, Case No. 1:19-cv-06662
If you received two or more calls promoting Allstate Insurance, you may be entitled to up to $500 per call with the average estimated payout being $1,000.
A federal court authorized this Notice. This is not a solicitation from a lawyer.
The settlement was approved on September 27, 2022. Pursuant to the settlement, each valid claim will receive more than $600. Federal law requires us to report to the Internal Revenue Service taxable payments of $600 or more to any person. KCC mailed out checks on December 12, 2022 for all valid claims. KCC included with the check a W9 form to all those who submitted a valid clam and who have not previously provided a valid W9 to KCC. These forms should be completed and returned no later than January 11, 2023.
A proposed settlement will provide $4,500,000 (the “Settlement Funds”) to fully settle and release claims of the Settlement Class, which is defined as:
The approximately 7,451 individuals to whom: (a) Allstate or anyone allegedly acting on its behalf made at least two telephone calls based on leads provided by, through, and/or directed by Richardson Marketing Group and related entities within a 12-month period (b) promoting Allstate insurance (c) between October 8, 2015 and present (d) where the person’s telephone number was registered on a Do Not Call registry for more than 31 days before the first call.
Excluded from the Settlement Class are the Judge to whom the Action is assigned and any member of the Court’s staff and immediate family (to the extent they received a listed call), and all persons who opt out of or are otherwise excluded from the Settlement Class.
Allstate denies Plaintiff’s allegations and any wrongdoing whatsoever. The Court has not ruled on the merits of Plaintiff’s claims or Allstate’s defenses. By entering into the settlement, Allstate has not conceded the truth or validity of any of the claims against it.
The Settlement Funds shall be used to pay amounts related to the settlement, including awards to Settlement Class Members who submit a valid and timely claim form to receive payment (“Claim Form”), attorneys’ fees and costs to attorneys representing Plaintiff and the Settlement Class (“Class Counsel”), any service award for Plaintiff and the costs of notice and administration of the settlement. Class Counsel estimate that Settlement Class Members who timely submit a valid Claim Form will receive up to $500 per call with the average estimated payout being $1,000, depending on the number of valid claims received. Any monies remaining in the Settlement Fund after the distribution of checks and the expiration date for negotiating those checks has passed will be distributed to National Consumer Law Center as cy pres. No Settlement Class Member will receive more than $500 per call.
Your rights and options, and the deadlines to exercise them, are explained in the Notice. Your legal rights are affected whether you act or do not act. Read the Notice carefully. Please refer to the Settlement Agreement, which contains defined terms used herein.
SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS
(This chart summarizes your rights and options only; please see the Frequently Asked Questions tab of this website for further information)
SUBMIT A CLAIM FORM
If you submit a valid Claim Form online or postmarked by August 8, 2022, you will receive a payment of up to $500 per call and will give up your rights to sue Allstate and any other Released Parties related to a Released Claim. Claim Forms may be submitted by mail to P.O. Box 43501, Providence, RI 02940-3501.
|EXCLUDE YOURSELF OR "OPT OUT" OF THE SETTLEMENT||
If you ask to be excluded from the Class, you will not receive a payment. This is the only option that allows you to pursue your own claim(s) against Allstate or other Released Parties related to a Released Claim. The deadline for excluding yourself from the Class is August 8, 2022.
|OBJECT TO THE SETTLEMENT||If you wish to object to the Settlement, you must write to the Court explaining why you believe the Settlement is unfair in any respect. The deadline for objecting is August 8, 2022. To obtain a monetary benefit from this Settlement, you must still submit a Claim Form. If you submit only an objection without a Claim Form, you will not receive any monetary benefit from the Settlement and you will give up your rights to sue Allstate or any other Released Parties related to a Released Claim.|
|If you do nothing, you will not receive any monetary award and you will give up your rights to sue Allstate or any other Released Parties related to a Released Claim.|
GO TO THE FINAL APPROVAL HEARING
|You may attend the Final Approval Hearing. At the Final Approval Hearing you may ask to speak in Court about the fairness of the settlement. To speak at the Final Approval Hearing, you must file with the Court a document which includes your name, address, telephone number, your signature, and your intention to appear at the Final Approval Hearing. This must be filed no later than August 8, 2022.|
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 disbursed if the Court approves the settlement and after any appeals are resolved. Please be patient.
The settlement was approved on September 27, 2022. Pursuant to the settlement, each valid claim will receive more than $600. Federal law requires us to report to the Internal Revenue Service taxable payments of $600 or more to any person. KCC is mailing W9 forms on October 5, 2022 to all those who submitted a valid clam and who have not previously provided a valid W9. These forms should be completed and returned no later than November 4, 2022. It is anticipated that checks will then be mailed by November 23, 2022.