Smith v. Assurance IQ, LLC Frequently Asked Questions

You received this Class Notice because a Settlement has been reached in this Action and you may be a Settlement Class Member. If you are a member of the Settlement Class, you may be eligible for the relief detailed below. This Class Notice explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations. To obtain more information about the Settlement, including information about how you can see a copy of the Settlement Agreement (which defines certain capitalized terms used in this Notice), see Section 20 below.

A number of individuals (the “Plaintiffs”) filed lawsuits against Assurance IQ on behalf of themselves and others similarly situated. Through the lawsuits, Plaintiffs assert that Assurance IQ violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”) by, inter alia, placing unsolicited calls to telephone numbers, in connection with which it used an artificial or prerecorded voice, absent consent.

Assurance IQ denies 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. Assurance IQ further denies 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 issuance of the Class Notice is not an expression of the Court’s opinion on the merits or the lack of merits of the Plaintiffs’ claims in the Action.

For information about how to learn about what has happened in the Action to date, please see Section 20 below.

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 company sued in this case, Assurance IQ, is called the Defendant.

Plaintiffs have made claims against Assurance IQ. Assurance IQ denies that it has done anything wrong or illegal and admits no liability. The Court has not decided that the Plaintiffs or Assurance IQ should win this Action. Instead, both sides 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 (1) to whom Assurance IQ, LLC or its agents placed, or caused to be placed, a call or calls, (2) directed to a telephone number for which Assurance IQ LLC’s records show a WN and/or DNC designation, and for which the parties’ reverse telephone number lookup process returned names different than names Assurance IQ, LLC associated with the telephone numbers, (3) in connection with which Assurance IQ, LLC used, or caused to be used, an artificial or prerecorded voice, (4) from October 1, 2018 through March 6, 2024.

If you are still not sure whether you are included in the Settlement Class, you can write or call the Claims Administrator for free help. The Claims Administrator’s contact information is below.

Assurance IQ TCPA Settlement

c/o Kroll Settlement Administration

PO Box 5324

New York, NY 10150-5324

(833)-425-7847

 [email protected]

Assurance IQ will create a Settlement Fund of $21,875,000 which will be used to pay the claims of Settlement Class Members, Class Counsel’s Fees, Costs, and Expenses Award (see Section 11 below), Plaintiffs’ incentive awards (see Section 12 below), and compensation for the Claims 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 a payment from the Settlement, you must send in a Claim Form. If you received a notice and have a Class Member ID, click HERE to submit a Claim Form. To print out a blank Claim Form, click  HERE or on the Documents page of this website. The Claim Form may be submitted electronically on this website or by postal mail. Read the instructions carefully, fill out the form, and postmark it by July 31, 2024, or submit it online on or before 11:59 p.m. (Pacific) on July 31, 2024.

As described in Sections 17 and 18, the Court will hold a hearing on September 3, 2024, at 11:00 AM to decide whether to approve the Settlement. If the Court approves the Settlement, after that, there may be appeals. It is 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 website dedicated to the Settlement at www.AssuranceTCPASettlement com. Please be patient.

The Court has ordered that Greenwald Davidson Radbil PLLC, Keogh Law, Ltd, Turke & Strauss LLP, and Paronich Law, P.C. (“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.

Class Counsel will petition the Court to receive a Fees, Costs, and Expenses Award up to $8,795,000, which is 40% of the fund plus reasonable expenses. The Court will make the final decision as to 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 to the Settlement Class Counsel.

The Plaintiffs will each request an incentive award of $5,000 for their services as Class Representatives and their efforts in bringing the Action and obtaining the Settlement benefits for Settlement Class Members. The Court will make the final decision as to the amount to be paid to the Plaintiffs.

If the Court approves the proposed Settlement, Settlement Class Members will release claims against Assurance IQ and the other entities allegedly involved in the calls at issue unless the Settlement Class Members exclude themselves from the Settlement. This generally means that Settlement Class Members will not be able to file or pursue a lawsuit against Assurance IQ or be part of any other lawsuit against Assurance IQ asserting claims that were or could have been asserted in the Action. The Settlement Agreement, available HERE, contains the full terms of the release.

Settlement Class Members may exclude themselves from the Settlement Class and the Settlement by submitting a request for exclusion to the Claims Administrator electronically (through the Settlement website) or by postal mail. If you want to be excluded, you must either complete the opt-out form available HERE, or write the Claims Administrator stating: (a) the name and case number of the action – “Smith, et. al. v. Assurance IQ LLC, 2023-CH-09225 (Cook County, Illinois)”; (b) the full name and the unique identification number for the Settlement Class Member assigned by the Claims 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) including your personal signature. If you are not using the opt-out form on the Settlement Website, the request for exclusion must be sent to the Claims Administrator at:

Assurance IQ TCPA Settlement

c/o Kroll Settlement Administration

PO Box 5324

New York, NY 10150-5324

Your request for exclusion must be submitted electronically or be postmarked no later than July 31, 2024, at 11:59 pm (Pacific). If you submit your request for exclusion by postal mail, you are responsible for your postage.

Settlement Class Members who validly and timely request exclusion from the Settlement Class will be excluded from the Settlement Class, will not be bound by the Settlement Agreement or the judgment entered in the Action, will not be eligible to make a claim for any benefit under the terms of the Settlement Agreement, will not be entitled to submit an objection to the Settlement, and will not be precluded from prosecuting any timely, individual claim against Assurance IQ based on the conduct complained of in the Action.

On September 3, 2024, at 11:00 AM, 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 incentive payments to the Plaintiffs.

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 include: (a) the case name and number – “Smith, et. al. v. Assurance IQ LLC, 2023-CH-09225 (Cook County, Illinois)”; (b) include the full name address and telephone number called by Defendant as well as the unique identification number for the Settlement Class Member assigned by the Claims Administrator; (c) a description of the facts and legal authorities underlying the objection; (d) a statement noting whether the objector intends to appear at the Fairness Hearing; (e) a list of all witnesses that the objector intends to call by live testimony, deposition testimony, or affidavit or declaration testimony; and (f) a list of exhibits that the objector intends to present at the Fairness Hearing.

To have an objection considered, a Settlement Class Member must file an objection with the Court.

Clerk of the Court

Cook County Chancery Division

50 W Washington St # 80

Chicago, IL 60602

Objections must also be mailed to the addresses below and postmarked or received no later than July 31, 2024.

For Plaintiffs:

Keith J. Keogh

Keogh Law, Ltd.

55 West Monroe St. 

Ste. 3390

Chicago, Illinois 60603

The objection must be submitted electronically or be postmarked no later than July 31, 2024, at 11:59 pm (Central). 

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. 

SETTLEMENT CLASS MEMBERS WHO DO NOT TIMELY MAKE AN OBJECTION WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FAIRNESS HEARING.

Settlement Class Members who submit a written objection 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 Settlement Class Members 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 simply 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 that you do not 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 approval 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; to consider the Fees, Costs, and Expenses Award to the attorneys who initiated the Action; and to consider the request for incentive awards by to the Plaintiffs.

On September 3, 2024, at 11:00 AM, a hearing will be held on the fairness of the proposed Settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the proposed Settlement’s fairness. The hearing will take place before the Honorable Allen P. Walker, Cook County Chancery Division, 50 W Washington St # 80, Chicago, IL 60602 on September 3, 2024, at 11:00 AM. The hearing may be postponed to a different date or time or location without notice. Please check this 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 the 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.

To see 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, please visit the Documents page on this website. Alternatively, you may contact the Settlement Administrator at the email address [email protected] or the U.S. postal (mailing) address: Assurance IQ TCPA Settlement, c/o Kroll Settlement Administration, PO Box 5324, New York, NY 10150-5324. You may also obtain information by calling (833) 425-7847.

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 the Settlement website or the Clerk’s office at Clerk of the Court, Cook County Chancery Division, 50 W Washington St # 80, Chicago, IL 60602. The Clerk will tell you how to obtain the file for inspection and copying at your own expense.