SBM TCPA Settlement Frequently Asked Questions

Abramson v. North Star Insurance LLC et al., (W.D. Pa.)
Case No. 2:22-cv-827

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This Settlement Website exists because a Settlement has been reached in this Action and you may be a Settlement Class Member.  If you are a Settlement Class Member, you may be eligible for the relief detailed on this website.

This Settlement Website explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations.  The settlement agreement (which defines certain capitalized terms used on this Settlement Website) can be found here.

An individual (the “Plaintiff”) filed a lawsuit against Defendants on behalf of himself and all others similarly situated.  The lawsuit alleges that Defendants violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”) by placing unsolicited telemarketing calls using a prerecorded voice (the "Action).

Defendants deny each and every one of the allegations of unlawful conduct, any wrongdoing, and any liability whatsoever, and no court or other entity has made any judgment or other determination of any liability. Defendants further deny that any Settlement Class Member is entitled to any relief and, other than for settlement purposes, that this Action is appropriate for certification as a class action.  

The Court has not ruled on the merit or lack of merit of Plaintiff’s claims in the Action.

In a class action lawsuit, one or more people sue on behalf of other people who allegedly have similar claims.  For purposes of this proposed settlement, one court will resolve the issues for all Settlement Class Members.  The companies sued in this case, North Star Insurance Advisors LLC, Torchlight Technology Group LLC, and Rapid Response Marketing LLC are called the Defendants.

Plaintiff has sued Defendants. Defendants deny that they have done anything wrong or illegal and admit no liability.  The Court has not decided that the Plaintiff or Defendants should win this Action.  Instead, Plaintiff and Defendants have agreed to a settlement.  That way, they avoid the cost of a trial, and the Settlement Class Members will receive relief now rather than years from now, if at all. 

The Court has decided that everyone who fits this description is a Settlement Class Member for purposes of the proposed settlement:  all persons within the United States: (1) who were users and subscribers of telephone number to which (2) SBM Communications placed a telemarketing call (3) on behalf of Rapid Response, (4) from June 7, 2018 through May 3, 2023 (5) as part of the final expense insurance campaign (6) that Rapid Response produced in this case as part of the file “DSC. SBM Call Transfers to Torchlight."

If you are still not sure whether you are included in the Settlement Class, you may write or call the Settlement Administrator for free help. You can also contact us here. 

SBM TCPA Settlement

c/o Kroll Settlement Administration

P.O. Box 5324

New York, NY 10150-5324

Phone: (833) 383-4333

Email: [email protected]

Defendants have created a Settlement Fund of $375,000 which will be used to pay the Claims of Settlement Class Members, Settlement Class Counsel’s Fees, Costs, and Expenses Award (see Question 11 below), Plaintiff’s service payment (see Question 12 below), and compensation for the Settlement Administrator for providing notice to the Settlement Class and administering the settlement.

If you are a Settlement Class Member, you are eligible to receive a pro rata share of the Settlement Fund by timely and validly submitting a Claim Form.

To qualify for an Individual Allocated Payment Amount, you must send in a Claim Form. A printable version of the Claim Form can be found here. The Claim Form may be submitted electronically or by postal mail. Read the instructions carefully, fill out the form, and postmark it by the Response Deadline of March 26, 2024, or submit it online on or before 11:59 PM Pacific Time on March 26, 2024.

As described in Questions 17 and 18, the Court will hold a hearing on June 13, 2024 at 10:00 AM Eastern Time to decide whether to approve the settlement. If the Court approves the settlement, after that, there may be appeals. It's always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. You can check on the progress of the case on this Settlement Website. Please be patient.

The Court has ordered that the law firm of Paronich Law, P.C. ("Settlement Class Counsel") will represent the interests of all Settlement Class Members. You will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Settlement Class Counsel will petition the Court to receive a Fees, Costs, and Expenses Award up to $145,000 (total). The Court will decide the amount to be paid to the attorneys for their fees and costs. You will not be required to separately pay any attorneys' fees or costs.

The Plaintiff will be requesting a service payment of $10,000 for his service as a class representative. The Court will make the final decision as to the amount to be paid to the Plaintiff.

If the Court approves the proposed settlement, you will be releasing your claims against Defendants and any other entities allegedly involved in the calls at issue unless you have excluded yourself from the settlement.  This generally means that you will not be able to file or pursue a lawsuit against Defendants or be part of any other lawsuit against Defendants asserting claims that were or could have been asserted in the Action. The settlement agreement, available here contains the full terms of the release. 

You may exclude yourself from the Settlement Class and the settlement.  You can submit a request for exclusion to the Settlement Administrator electronically or by postal mail.  If you want to be excluded, you must write the Settlement Administrator stating: (a) the name and case number of the Action – “Abramson v. North Star Insurance Advisors LLC, et al., W.D. Pa. Case No. 2:22-cv-827”; (b) the full name and the unique identification number for the Settlement Class Member assigned by the Settlement Administrator; (c) the address, telephone number, and email address (optional) of the Settlement Class Member seeking exclusion; (d) that the requestor does not wish to participate in the Settlement; and (e) be signed personally by you.  If you are not using the Opt-Out Form, the request for exclusion must be sent to the Settlement Administrator at:  

SBM TCPA Settlement
c/o Kroll Settlement Administration
P.O. Box 5324
New York, NY 10150-5324

Your request for exclusion must be submitted electronically or be postmarked no later than the Response Deadline of March 26, 2024, at 11:59 PM Pacific Time.  If you submit your request for exclusion by postal mail, you are responsible for your postage.

If you validly and timely request exclusion from the Settlement Class, you will be excluded from the Settlement Class, you will not be bound by the Settlement Agreement or the Final Judgment entered in the Action, you will not be eligible to make a Claim for any benefit under the terms of the settlement agreement, you will not be entitled to submit an objection to the settlement, and you will not be precluded from prosecuting any timely Claim against Defendants based on the conduct complained of in the Action.

On June 13, 2024 at 10:00 AM Eastern Time, the Court will hold a Fairness Hearing to determine if the settlement is fair, reasonable, and adequate, and to also consider the attorneys who initiated the Action’s request for a Fees, Costs, and Expenses Award, and a Service Payment to the Plaintiff in exchange for executing a service.

If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, you must write to the Court and must: (a) clearly identify the case name and number – “Abramson v. North Star Insurance Advisors LLC, et al., W.D. Pa. Case No. 2:22-cv-827”; (b) include the full name and the unique identification number for the Settlement Class Member assigned by the Settlement Administrator; (c) include the address, telephone number, and email address (optional) of the objecting Settlement Class Member; (d) include the full name, address, telephone number, and email address of the objector’s counsel, and the state bar(s) to which counsel is admitted (if the objector is represented by counsel); and (e) provide a detailed explanation stating the specific reasons for the objection, including any legal and factual support and any evidence in support of the objection.  Objections may be submitted to the Settlement Administrator electronically by email or by postal mail.  The Settlement Administrator will then have the objections submitted to the Court.  Or you may submit the objections directly to the Court.   If an objection is submitted by postal mail, the Settlement Class Member must pay for postage.  The Settlement Administrator’s contact information is below.  

SBM TCPA Settlement
c/o Kroll Settlement Administration
P.O. Box 5324
New York, NY 10150-5324

The mailing address to the Court is:

Clerk of the Court
United States District Court Western District of Pennsylvania
700 Grant Street
Pittsburgh, PA 15219

The objection must be submitted electronically or be postmarked no later than the Response Deadline of March 26, 2024, at 11:59 PM Pacific Time. 

You may, but need not, submit your objection through counsel of your choice.  If you do make your objection through an attorney, you will be responsible for your personal attorney’s fees and costs. 

IF YOU DO NOT TIMELY MAKE AN OBJECTION, YOU WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FAIRNESS HEARING.

If you submit a written objection, you have the option to appear and request to be heard at the Fairness Hearing, either in person or through personal counsel.  You are not required, however, to appear.  However, if you, or your attorney, intend to make an appearance at the Fairness Hearing, you must include on your timely and valid objection a statement substantially similar to “Notice of Intention to Appear.”  Only those who submit timely objections including Notices of Intention to Appear may speak at the Fairness Hearing.  If you make an objection through an attorney, you will be responsible for your attorney’s fees and costs.

Objecting is telling the Court that you disagree with something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court you don't want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the settlement no longer affects you.

The Court has preliminarily approved the settlement and will hold a hearing to decide whether to give Final Judgment to the settlement.  The purpose of the Fairness Hearing will be for the Court to determine whether the settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; and to consider the Fees, Costs, and Expenses Award to the attorneys who initiated the Action. 

On June 13, 2024 at 10:00 AM Eastern Time, a hearing will be held on the fairness of the proposed Settlement.  At the Fairness Hearing, the Court will be available to hear any objections and arguments concerning the proposed settlement’s fairness.  The Fairness Hearing will take place at the United States District Court Western District of Pennsylvania, 700 Grant Street, Pittsburgh, PA 15219 on June 13, 2024 at 10:00 AM Eastern Time.  The Fairness Hearing may be postponed to a different date or time or location without notice.  Please check this Settlement Website for any updates about the settlement generally or the Fairness Hearing specifically.  If the date or time of the Fairness Hearing changes, an update to this Settlement Website will be the only way you will be informed of the change.

At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.  You may attend, but you do not have to.  As described above in Section 15, you may speak at the Fairness Hearing only if (a) you have timely submitted an objection, and (b) you have timely and validly provided a Notice of Intent to Appear.  If you have requested exclusion from the settlement, however, you may not speak at the Fairness Hearing.

Please find a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, the application for a Fees, Costs, and Expenses Award, and the operative Complaint filed in the Action in the Documents page of this website. Alternatively, you may contact the Settlement Administrator at the email address [email protected] or the U.S. postal (mailing) address: SBM TCPA Settlement c/o Kroll Settlement Administration P.O. Box 5324, New York, NY 10150-5324.  You may also obtain information by calling (833) 383-4333. 

This description of this Action is general and does not cover all of the issues and proceedings that have occurred. In order to see the complete file, you should visit www.pacer.gov or the Clerk’s office at United States District Court Western District of Pennsylvania, 700 Grant Street, Pittsburgh, PA 15219. The Clerk will tell you how to obtain the file for inspection and copying at your own expense.

It is your responsibility to inform the Settlement Administrator of your updated information.  You may do so at the address below:
SBM TCPA Settlement
c/o Kroll Settlement Administration
P.O. Box 5324
New York, NY 10150-5324

Phone: (833) 383-4333

This website is authorized by the Court, supervised by counsel to the Parties and controlled by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Call
(833) 383-4333
Email
[email protected]
Mail
SBM TCPA Settlement c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324

Important Dates

  • Opt-out Response Deadline

    Tuesday, March 26, 2024 You must complete and mail your request for exclusion form so that it is postmarked no later than Tuesday, March 26, 2024.

  • Objection Response Deadline

    Tuesday, March 26, 2024 You must mail your objection(s) and/or notice of intent to appear at the Fairness Hearing so that it/they are postmarked no later than Tuesday, March 26, 2024.

  • Claim Form Response Deadline

    Tuesday, March 26, 2024 You must submit your Claim Form on-line no later than Tuesday, March 26, 2024, or mail your completed paper Claim Form so that it is postmarked no later than Tuesday, March 26, 2024.

  • Fairness Hearing Date

    Thursday, June 13, 2024 The Fairness Hearing is scheduled for Thursday, June 13, 2024 at 10:00 AM Eastern Time. Please check this website for updates.
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