Who is a Class Member
The iCan Telemarketing Text Messages Class Action Settlement includes “all persons in the United States who received one or more text messages sent by or on behalf of iCan from September 13, 2013 to March 2, 2018.”
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
Settlement Amount
- $60,413,112.00
Estimated Award
- TBD
Class Members who submit a valid and timely claims form can receive a pro rata (equal) share of the net settlement fund. The actual amount of your cash payment will depend on the number of valid claims filed and with certain dollar limits for each text message received. Each Class Member may file one claim and receive one cash payment.
Proof of Purchase
- N/A
Claim Form
- Please contact the Settlement Administrator to obtain a Claim Form.
iCan Telemarketing Text Messages Settlement Notes
- Jacob Horn and Robert Vetter v. iCan Benefit Group, LLC
- Case No. 9:17-cv-81027-RLR
- Pending in the U.S. District Court for the Southern District of Florida
On September 13, 2017, plaintiff Jason Horn filed this class action lawsuit against iCan for violations of the Telephone Consumer Protection Act, alleging that iCan sent telemarketing text messages to his cell phone without his prior express written consent.
However, prior to the filing of this TCPA class action lawsuit, iCan purchased an insurance policy from Liberty International Underwriters to insure iCan for claims like those asserted in this litigation. Upon receipt of Horn’s complaint, iCan tendered the lawsuit to Liberty, demanding coverage for the TCPA claims. Despite the fact that the policy clearly covered the claims at issue in this case, Liberty refused to honor the policy, including providing iCan with a defense or coverage for the claims. Liberty incorrectly maintained that certain exclusions in the policy should result in denial of coverage for TCPA claims.
iCan has agreed to the entry of a Consent Judgment against it in the amount of $60,413,112.00. iCan has also agreed to assign its rights against its insurer, Liberty International Underwriters. Attorneys for the Class believe that Liberty improperly denied iCan coverage and will attempt to recover on the judgment from Liberty in separate proceedings.
Additionally, iCan has agreed to pay the first $50,000 of settlement administration costs. In the event plaintiffs’ attorneys are successful in recovering from Liberty, a settlement fund will be created and used to pay all additional costs. The remaining net settlement fund shall be distributed as pro rata (equal share) cash payments to Class Members who submit valid claims. The amount of each claimants cash award will depend on the number of valid claims filed and with certain dollar limits for each text message received. Complete details about the case and settlement are provided on the iCan Telemarketing Text Messages settlement website.
Class members who wish to object to or exclude themselves from the iCan Telemarketing Text Messages settlement must do so by May 14, 2018. Class members who wish to participate in the settlement must submit a claim form on or before June 15, 2018.
Important Dates
- 6/15/18: Claim Form Deadline (please contact the Settlement Administrator for a Claim Form)
- 5/14/18: Objection or Exclusion Deadline
- 6/12/18: Final Hearing at 2:30 pm ET* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.iCanTCPASettlement.com to confirm that the date or time of the Hearing has not been changed.
Contact Information
- Mail: iCan TCPA Settlement Administrator, P.O. Box 404041, Louisville, KY 40233-4041
- Phone: 1-844-269-3434
Class Counsel
- Manuel S. Hiraldo of Hiraldo PA
- Stefan Coleman of Law Offices of Stefan Coleman PA
Settlement Website