A proposed settlement has been reached in Terry Fabricant, individually and on behalf of all others similarly situated, v. AmeriSave Mortgage Corporation, Case No. 19-cv-04659-AB-AS, pending in the U.S. District Court for the Central District of California (the “Court”).

Nature of the Settlement

The Lawsuit alleges that AmeriSave Mortgage Corporation (“AmeriSave” or “Defendant”) sent communications to cellular telephone subscribers on their cellular telephones without their prior consent in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (“TCPA”) Defendant strongly denies any claims of wrongdoing, but has agreed to settle the lawsuit (defined below) to avoid the burden and cost of further litigation.

The Defendant has agreed to establish a Settlement Fund of $6,250,000 to pay settlement class members who make valid, timely claims; pay Class Counsel’s attorneys’ fees and Expenses; pay a service award to the Class Representative; and pay costs and expenses of settlement administration.

Who is Included

You are a member of the Settlement Class if:
• AmeriSave’s records indicate that you were contacted by AmeriSave on your mobile phone in connection with the promotional and/or marketing campaign between April 1, 2018 and December 31, 2019.
• You are not a current or former employee, officer, director, agent, or legal representative of AmeriSave, or its affiliated entities.

Your Legal Rights and Options

Option and Deadline

Your Legal Rights in This Lawsuit

Submit a claim Form

September 18, 2020

This is the only way to get cash payment.

If you are a valid Settlement Class Member and wish to receive your portion of the Settlement Fund, you need to complete and submit a Claim Form, either by mailing it to  AmeriSave TCPA Settlement Administrator, P.O. Box 341 Baton Rouge, LA 70821 or submitting it online. After the Settlement’s Effective Date and the Court’s final approval of the Settlement, you will receive payment for an amount that shall be calculated pro rata based on the number of Valid Claim Forms that are submitted by the Settlement Class.

Do nothing

No Deadline

Stay in the Lawsuit. Await the Outcome. Give up Certain Rights.

If you do nothing, you will become a Class Member bound by the terms of the Settlement Agreement and Final Judgment, thus forfeiting your right to sue on your own regarding any claims that are part of the settlement. However, your failure to timely submit a Valid Claim Form will forfeit your right to receive your portion of the Settlement Fund. All unclaimed Settlement Funds will then be given to Electronic Privacy Information Center (EPIC).

ask to be excluded

September 30, 2020

Get out of this lawsuit. Get no benefits from it. Keep your rights. 

You can opt out of the settlement by submitting a Valid Exclusion Request to the Claims Administrator. If you do so, you will not be eligible to receive a settlement payment. But you will retain the right to sue on your own regarding any claims that are part of the settlement.

submit an objection

September 30, 2020

Tell the court why you believe the proposed Settlement is unfair, unreasonable or inadequate.

You may remain a part of the settlement and write to the Court and explain why you do not like the settlement. You may appear and speak at the Final Approval Hearing on your own or through a lawyer hired by you at your own expense. If the settlement is approved over your objection, however, you will receive payment for amount to be determined based off of your pro rata share of the Net Settlement Fund after the settlement’s Effective Date and after the Court grants final approval of the settlement. You will be bound by the settlement and give up your right to sue on your own regarding any claims that are part of the settlement.

Attend the Fairness Hearing

November 20, 2020

Attend the final approval hearing and ask the Court to speak.

If you do not exclude yourself, you may ask to speak to the Court about the fairness of the settlement if you file a valid and timely objection.

Dates and Deadlines

Claim Deadline

September 18, 2020

Exclusion Deadline

September 30, 2020

Objection Deadline

September 30, 2020

Fairness Hearing

November 20, 2020