Leone, et al. v. Homeserve, et al.

Case No. GLO-L-1199-19

Superior Court of New Jersey, Gloucester County, Law Division

Frequently Asked Questions

  1. BASIC INFORMATION

  2. Why was the Notice issued?

    The Court authorized the notice because Settlement Class Members may be able to receive payment from a proposed settlement of the class action lawsuit Leone, et al. v. Homeserve, et al., Superior Court of New Jersey, Gloucester County Division, Case No. GLO-L-1199-19 (the “Lawsuit”) and the proposed Settlement may affect their legal rights. The Notice explains certain legal rights and options you have in connection with that Settlement.

  3. What is the Lawsuit about?

    This lawsuit involves allegations that Defendants violated the law by charging customers for home repair service contracts even though those persons did not have signed written contracts to receive such services in violation of the New Jersey Consumer Fraud Act, and other applicable laws. Additionally, it was further alleged that Defendants failed to provide consumers with a written contract setting forth certain of the 14 items of statutorily-mandated information about the alleged purchase of a HomeServe service plan in violation of the N.J.S.A. sections 56:12-93 and 56:12-94 of the New Jersey Service Contract Act.

  4. Why is the Lawsuit a class action?

    In a class action lawsuit, one or more people called “Class Representatives” or “Lead Plaintiffs” sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members” (in this case the Settlement Class). The persons who sued—and all of the Settlement Class Members like them—are called the Plaintiffs. The individual, and/or company they sued (in this case HomeServe and South Jersey Gas) are called the Defendants. One Court resolves the issues for everyone in the Settlement Class—except for those people who choose to exclude themselves from the Settlement Class. Judge Eastlack is in charge of this case and certified the lawsuit as a class action for settlement purposes only.

  5. Why is there a Settlement?

    The Court did not issue a final ruling in favor of Plaintiffs or Defendants. Instead, Lead Plaintiffs and Defendants agreed to enter into the Settlement after an extensive exchange of information and vigorous arms-length negotiations. That way, they avoid litigation costs, and the people affected will get compensation. The Lead Plaintiffs, and counsel for the Lead Plaintiffs (“Lead Counsel”) and the Settlement Class Members, think the Settlement is best for the Settlement Class Members.

  6. WHO IS COVERED BY THE SETTLEMENT?

  7. Who is in the Settlement Class?

    If you received a postcard notice, that indicates that you have been identified as a potential Settlement Class Member because, according to Defendants’ records, you are a resident of New Jersey, and, between October 3, 2013 and April 16, 2021, the date of Preliminary Approval, verbally enrolled via telephone in a HomeServe service plan, and paid a South Jersey Gas bill which listed a charge for a HomeServe service plan.

  8. What are the terms of the Settlement?

    Under the Settlement, Defendants are making a Settlement Fund of $1,175,000.00 to compensate the claims of eligible Settlement Class Members and certain other fees and expenses. The Settlement Fund will be applied first to any applicable taxes and to pay any compensation and costs to Lead Counsel and the Lead Plaintiffs, and Administrator fees and costs, as described in the Settlement Agreement. After those payments, the Settlement Fund will be applied to valid and timely claims submitted by Settlement Class Members. It is anticipated that the Settlement Fund will enable each eligible Settlement Class Member who has not submitted a repair or service claim to the Defendants shall be entitled to submit a Claim for a cash payment in the amount of $50. Each Class Member who has submitted a repair or service claim with Defendants and received benefits from such claim from the Defendants shall be entitled to submit a Claim for a cash payment in the amount of $25. In the event that the Settlement Fund, net of the payments described herein, is not sufficient to enable a payment of $50 or $25 cash for each claim, the per- claim payment will be decreased in proportion to the total number of claims made and paid out on a pro-rata basis. If you are an eligible Settlement Class Member and wish to receive a cash payment, you must timely submit a Proof of Claim to the Claims Administrator as described below.

  9. What claims are Settlement Class Members giving up under the Settlement?

    If approved by the Court, the Settlement will result in dismissal of this case and final resolution of all claims raised against Defendants. Such dismissal will release Defendants from liability for the claims in this lawsuit. The terms of the Settlement are described in full in a document known as the Settlement Agreement (“Settlement Agreement”). The Settlement Agreement is available for your inspection on the Important Documents Page of this website. The capitalized terms as used in this notice have the same meaning as the terms set forth in the Settlement Agreement.

  10. HOW YOU GET COVERAGE - SUBMITTING A CLAIM

  11. How can I make a claim?

    If you are an eligible Settlement Class Member and you wish to receive a one-time payment, you need to complete and submit a Proof of Claim by July 26, 2021. This form is necessary to ensure that only eligible Settlement Class Members receive a benefit.

    The Proof of Claim may be filled out online by clicking HERE or may be downloaded from the Important Documents page of this website. If you do not have the ability to complete a claim online or print a claim you may request one by calling the Claims Administrator toll free at (833) 983-2183 or by writing the Settlement Administrator at Homeserve Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.

    The fully completed, signed Proof of Claim must be submitted online or via U.S. Mail to the Settlement Administrator at Homeserve Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. The deadline for submission of the Proof of Claim is July 26, 2021. Accordingly, to be valid, Proofs of Claim must be postmarked or delivered no later than July 26, 2021, and accurately addressed to the Settlement Administrator.

  12. When would I get my payment?

    The Court will hold a hearing on July 23, 2021, to decide whether to approve the Settlement. If Judge Eastlack approves the Settlement, and after that, no appeal is taken, then you will be receiving your payment promptly. If an appeal is taken, then resolving it may take some time, perhaps up to, or more than, a year. Please be patient.

  13. What am I giving up to get a payment or stay in the Settlement Class?

    Unless you exclude yourself, you are staying in the Settlement Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against Defendants regarding the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you. In addition, as a result, as further detailed in the Settlement Agreement, Settlement Class Members who have not timely requested exclusion from this Settlement Class shall be deemed to Release all claims consistent with the Release in the Settlement Agreement. In the Settlement Agreement and Release, Defendants and their respective owners, shareholders, officers, employees, agents, representatives and insurers are fully released from any and all claims or causes of action, whether known or unknown, that were, or could have been, asserted by the named Plaintiff or any member of the Settlement Class, their respective spouses, former spouses, successors, heirs, executors and administrators (“Releasors”) against the Defendants, HomeServe USA Corp., HomeServe USA Repair Management Corp., HomeServe USA Energy Services, LLC and South Jersey Gas (“Defendants”), as well as their parents, shareholders, partners, general partners, subsidiaries and affiliated companies and entities, as well as their officers, managers, representatives, officials, agents, employees, affiliates, predecessors, insurers and their successors and assigns and all other related persons, firms, corporations and any and all other named or unnamed persons or entities (“Releasees”) arising out of Defendants’ charging Settlement Class Members for home repair service contracts.

  14. YOUR OPTIONS AS A SETTLEMENT CLASS MEMBER

  15. If I am a Settlement Class Member, what options do I have?

    If you are a Settlement Class Member, you do not have to do anything to remain in the Settlement. However, if you wish to seek a Settlement Award, you must complete and submit a Claim Form postmarked or submitted online by July 26, 2021. You may submit a Claim Form online on the Submit a Claim page.

    If you do not want to give up your right to sue Defendants about the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class. See FAQ 13 below for instructions on how to exclude yourself.

    If you object to the settlement, you must remain a Settlement Class Member (i.e., you may not also exclude yourself from the Settlement Class by opting out) and file a written objection in this case, see FAQ 16 below for more information. If you object, you may still submit a claim if you want any monetary relief.

  16. What happens if I do nothing?

    If you do nothing, you will get no Settlement Award from this Settlement. Unless you exclude yourself, after the Settlement is granted final approval and the judgment becomes final, you will be bound by the judgment and you will never be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants related to the claims released by the Settlement.

  17. How do I get out of the Settlement?

    To exclude yourself from the Settlement, you must send a letter by mail saying that you want to be excluded from the HomeServe SJG Litigation Settlement. Be sure to include your name, address, telephone number, and your signature. You must mail your exclusion request letter postmarked by July 3, 2021, to:

    Homeserve Settlement Administrator
    Attn: Exclusion Requests
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103.

    You cannot exclude yourself on the phone or by e-mail. If you ask to be excluded, you will not get any settlement payment, and you cannot object to the Settlement. If you exclude yourself, you will not be legally bound by anything that happens in this lawsuit.

  18. If I exclude myself, can I receive any payment from this Settlement?

    No. If you exclude yourself, you will not be entitled to any Award. However, you will also not be bound by any judgment in this Lawsuit.

  19. If I do not exclude myself, can I sue Defendants for the Security Incident later?

    No. Unless you exclude yourself, you give up the right to sue Defendants for the claims that the Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit. Remember, the exclusion deadline is July 3, 2021. Any exclusion request postmarked after that date will not be valid, and the sender will be a Settlement Class Member and bound by the Settlement and Release.

  20. How do I object to the settlement?

    You can object to the Settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must (a) have served on the following counsel, such that they are received by such counsel on or before July 3, 2021, twenty (20) calendar days before the Settlement Hearing, (i) a written notice of objection, including a written notice of your intention to appear if you intend to do so, (ii) a written statement of the position you will assert, (iii) the reasons for your position, and (iv) copies of any papers, briefs or other matter you wish the Court to consider:

    Counsel for Plaintiffs Counsel for Defendant HomServe Counsel for Defendant South Jersey Gas

    Stephen P. DeNittis, Esq.
    Joseph A. Osefchen, Esq.
    Shane T. Prince, Esq.
    DENITTIS OSEFCHEN PRINCE, P.C.
    5 Greentree Centre, Suite 410
    Marlton, NJ 08053
    (856) 797-9951

    Scott H. Casher, Esquire
    White and Williams LLP
    7 Times Square
    Suite 2900
    New York, NY 10036-6524
    Phone: 914-487-7343
    Fax: 914-487-6200

    Christopher R. Gibson, Esq.
    Trevor Cooney, Esquire
    Archer & Greiner P.C.
    One Centennial Square
    Haddonfield, NJ 08033
    856-354-3077

    and (b) filed said objections, papers and briefs, and proof of service on the above-listed counsel, and with the Superior Court of New Jersey, Gloucester County, 1 North Broad Street, Woodbury, New Jersey 08096, on or before the same date. Any Settlement Class Member who does not make his, her or its objection in the manner provided shall be deemed to have waived such objection (including any right of appeal) and shall forever be foreclosed from making any such objection, including any objection to the fairness or adequacy of the proposed Settlement as incorporated in the Settlement Agreement, unless otherwise ordered by the Court.

  21. What is the difference between objecting and excluding?

    Objecting is simply telling the Court that you do not like 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 or the Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.

  22. COURT APPROVAL OF THE SETTLEMENT

  23. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Fairness Hearing on July 23, 2021, at 1:30 PM, at the Superior Court of New Jersey, Gloucester County, 1 North Broad Street, Woodbury, New Jersey 08096. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Eastlack will listen to people who have asked to speak at the hearing. At or after the hearing, the Court will also decide whether to approve the Settlement and how much to pay Lead Counsel. We do not know how long these decisions will take.

  24. Do I have to attend the hearing?

    No. Lead Counsel will answer any questions Judge Eastlack may have. But, you are welcome to come at your own expense. If you send an objection, you may come in person to the Court for the Fairness Hearing, retain your own attorney to appear for you at the Fairness Hearing, or not come at all, and the Court will consider your objection.

  25. THE LAWYERS REPRESENTING YOU

  26. Do I have a lawyer in this case?

    The Court decided that the law firm of DeNittis Osefchen, P.C. of Philadelphia, Pennsylvania and Marlton, New Jersey is qualified to represent you and all Settlement Class Members. The law firm is called “Lead Counsel.” It is experienced in handling similar cases. More information can be obtained about these law firm, their practices, and their lawyers’ experience by contacting the following Lead Counsel:

    Stephen P. DeNittis, Esq.
    Joseph A. Osefchen, Esq.
    Shane T. Prince, Esq.
    DENITTIS OSEFCHEN PRINCE, P.C.
    5 Greentree Centre, Suite 410, Marlton, NJ 08053
    Tel: (856) 797-9951
    Email: sdenittis@denittislaw.com
    Website: www.denittislaw.com

  27. How will the lawyers for the Settlement Class be paid?

    Lead Counsel has pursued this lawsuit on a contingent basis and has paid all costs of the lawsuit. These attorneys have not yet been paid or recovered any of their costs associated with the lawsuit. As part of the Settlement, Lead Counsel will request a payment of 33% ($387,750.00) of the Settlement Fund for their reasonable attorneys’ fees, and costs not to exceed $6,500. Lead Counsel’s petition for fees and costs will be filed with the Court no later than July 3, 202,1 and may be reviewed by any interested party. The Court will make a determination of reasonable fees and costs at the Fairness Hearing based on Lead Counsel’s Application and responses thereto, if any. Any money paid to Lead Counsel will be paid out of the Settlement Fund created by Homeserve.

  28. FOR FURTHER INFORMATION

  29. What if I want further information or have questions?

    The Pleadings, the Settlement Agreement, and other papers filed in this lawsuit are available for your inspection in the Superior Court of New Jersey, Gloucester County, 1 North Broad Street, Woodbury, New Jersey 08096.

    Additional information may be obtained by clicking here. You may also contact the Claims Administrator by email at info@HomeservicePlanLawsuit.com; toll free at (833) 983-2183 or in writing at Homeserve Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. Additionally, you may contact Lead Counsel, whose contact information is listed above.

  30. PLEASE DO NOT TELEPHONE THE COURT OR THE CLERK OF THE COURT.