FAQ 1 - Why is there a Notice?
FAQ 2 - What is a Class Action?
FAQ 3 - What is this Class Action about?
FAQ 4 - Why is there a Settlement?
FAQ 5 - How Do I Know if I’m a Member of the Settlement Class?
FAQ 6 - What are the benefits of the Settlement?
FAQ 7 - What am I giving up in exchange for the Settlement Benefits?
FAQ 8 - How do I get a monetary payment from this Settlement?
FAQ 9 - When will I get the Settlement Benefits?
FAQ 10 - Can I exclude myself from this Settlement?
FAQ 11 - If I exclude myself, can I get anything from this Settlement?
FAQ 12 - If I don’t exclude myself, can I sue later?
FAQ 13 - How do I exclude myself from the Settlement?
FAQ 14 - How do I tell the Court if I don’t like the Settlement?
FAQ 15 - What’s the Difference between Objecting and Excluding Myself?
FAQ 16 - Can I appear in this lawsuit or speak in Court about the Settlement?
FAQ 17 - How can I appear in this lawsuit?
FAQ 18 - What if I do nothing?
FAQ 19 - Do I have a lawyer in the case?
FAQ 20 - How will the lawyers be paid?
FAQ 21 - When and where will the Court decide whether to approve the Settlement?
FAQ 22 - Do I need to go to the hearing?
FAQ 23 - May I speak at the hearing?
FAQ 24 - Are there more details about the Settlement?
A Court authorized Notice because you have a right to know about the proposed Settlement as set forth in the Settlement Agreement of this class action lawsuit, and your options, before the Court decides whether to give “final approval” to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Hon. Vincent L. Briccetti, United States District Judge for the United States Court for the Southern District of New York, is overseeing this class action. The lawsuit is known as Buffington v. Progressive Advanced Ins. Co., et al., Case No. 20-cv-07408. Steven Buffington, the person who filed this lawsuit, is called the “Plaintiff” or “Class Representative,” and the companies he sued, Progressive Advanced Insurance Co., Progressive Casualty Insurance Co., Progressive Specialty Insurance Co., and Progressive MAX Insurance Co. (together “Progressive”), are called the “Defendants.”
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In a class action one or more persons called “Class Representatives” (in this case Steven Buffington) sue on behalf of a group or “Class” of people who have similar claims. In a certified class action, the Court resolves certain issues, legal claims, and/or defenses for all Class Members, except for those who ask in writing to be excluded from the Class.
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This lawsuit alleges that Progressive breaches its contracts (auto insurance policies) in New York and violated the law by failing to pay to its policyholders the full New York sales tax as part of the actual cash value (“ACV”) of insured leased vehicles determined to be a total loss.
Progressive denies these allegations. It maintains that it complied with the terms of the insurance policies and applicable law and denies that it acted wrongfully or unlawfully. The Court has not decided who is right. Instead, the parties have agreed to settle the lawsuit.
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The Court has not decided whether the Plaintiff or Progressive should win this case. Instead, both sides agreed to a Settlement to avoid the uncertainties and expenses associated with continuing litigation. That way, the Settlement Class Members can get benefits and avoid the risk of getting no payment if the case went to trial and a Court found Progressive not liable for the claims. Under the Settlement, Class Members can get monetary benefits in exchange for releasing the Defendants from liability for the claims that were raised or could have been raised in the lawsuit, with a few exceptions. The Class Representative and his attorneys believe that the Settlement is in the best interests of the Class because it provides a fair and appropriate recovery while avoiding the risk, expense, and delay of pursuing the case through trial and any appeals.
This Settlement resolves and settles all claims in this case. This case was previously certified as a Class Action, and you may have received a prior class action notice relating to the case. You are receiving Notice because a Settlement of the case has been reached between the Plaintiff, acting on behalf of the Settlement Class, and Progressive.
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To see if you will be entitled to the monetary benefits from this Settlement, you first have to decide if you are a Class Member.
You are a “Settlement Class Member” if, between September 10, 2014, and March 27, 2024, you (i) had a policy underwritten by Progressive issued in New York , (ii) submitted a claim that was adjusted as a total loss and settled by Progressive on an ACV basis, and (iii) were paid $0.00 in New York sales tax, or received some amount of sales tax, but less than 8% of the ACV assigned by Progressive to the covered vehicle.
Excluded from the Class are: (i) Progressive’s officers, directors, employees , or legal representatives; (ii) all United States District Judges and United States Magistrate Judges to whom this case is or was assigned, along with any members of their immediate families; (iii) all Insureds who made a valid claim for comprehensive and collision coverage and were paid a combined state and local New York sales tax rate equal to or greater than 8% of the ACV assigned by Progressive to the Insured’s covered vehicle; (iv) any person who timely opts out of the Settlement Class; and (v) any lawyer who has entered their appearance in this Action and any past or current employee of the Plaintiff’s lawyers’ firms who was employed by any of those firms during the pendency of this Action.
If you are still not sure whether you are included in the Settlement Class , you can call 1-866-608-6747, and ask for free help.
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Progressive has agreed to make payments to Settlement Class Members who complete and submit a Claim Form postmarked or received by August 21, 2024.
Monetary Benefits for Unpaid Insureds. Progressive will pay Settlement Class Members who were paid $0.00 in New York sales tax (“Unpaid Insureds”), and who make a valid, complete, and timely claim, 77.5% of a Sales Tax Payment equal to 8% of the ACV reflected in Settlement Class Members’ individual settlement summaries for total loss vehicles. (For example, 8% of a $30,000 ACV is $2,400 , of which 77.5% or $1,860 is the payment due to the Unpaid Insured under the Settlement).
Monetary Benefits for Underpaid Insureds. Progressive will make available for Settlement Class Members who were paid some amount of sales tax in connection with a total loss (“Underpaid Insureds”) and who make a valid, complete, and timely claim, a fund of $250,000. From this fund, each Underpaid Insured will be paid 77.5% to 100% of a Sales Tax Payment equal to 8% of the ACV reflected in Settlement Class Members’ individual settlement summaries for total loss vehicles, minus the sales tax Progressive already paid to the Underpaid Insured. If payment of all valid claims by Underpaid Insureds at the rate of 100% will exceed $250,000, Underpaid Insureds will receive a pro rata share of at least 77.5% of the Sales Tax Payment. (For example, 8% of a $30,000 ACV is $2,400, so if an Underpaid Insured was previously paid $600 in sales tax, the balance is $1,800, of which 77.5% to 100% or $1,395 to $1,800 is the payment due to the Underpaid Insured under the Settlement.)
Progressive has also agreed to pay the costs to administer and inform people about the Settlement, attorneys’ fees, costs, and expenses, and a service award to the Class Representative. More specifically, Progressive has agreed to pay attorneys’ fees of up to $3.5 million, and costs and expenses of up to $120,000, subject to approval by the Court. Plaintiff will also seek a service award in the amount of $10,000 for his services as a Class Representative and his efforts in bringing and settling this case. These payments are separate from the amount that will be paid to Settlement Class Members who submit a valid claim and will not reduce or impact the amount of money available to Settlement Class Members.
A detailed description of the Settlement benefits can be found in the Settlement Agreement, a copy of which is accessible here.
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In exchange, the Plaintiff and the members of the Class who do not exclude themselves from the Settlement agree to give up any claims they have against Progressive and the Released Persons that relate to unpaid and underpaid Sales Tax Payments for comprehensive and collision claims on first party insured vehicles declared a total loss that were paid by Progressive from September 10, 2014, through March 27, 2024. Released Claims do not include claims asserted in Volino v. Progressive Casualty Insurance Co., No. 1:21-cv-06243-LGS (S.D.N.Y) and Narcisse v. Progressive Casualty Insurance Co., No. 1:23-cv-04690-JGK (S.D.N.Y.). You may visit the Documents page of this website to view the Settlement Agreement and Released Persons. If you have any questions you can talk to the lawyers listed in FAQ 19 for free or you can, of course, talk to your own lawyer if you have questions about what this means.
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If you are a Class Member and would like to receive a monetary benefit, you must submit a complete and timely Claim Form for payment. If you received a Notice in the mail, the Notice included a pre-filled Claim Form. You can submit a claim by completing the Claim Form, signing the Claim Form, carefully tearing at the perforation , and putting the Claim Form in the mail (the Claim Form is addressed and has necessary postage prepaid). You can also call 1-866-608-6747 request that the Settlement Administrator send you a Claim Form as described above (or a blank form that you will need to fill out).
You can also submit an Electronic Claim Form by clicking here, and following the steps outlined for you. You will need a Class Member ID for this Settlement (which was included in the mailed or emailed Notice sent to you). If you do not know your Claim Member ID, you can call 1-866-608-6747 and provide your last name and seek assistance in determining your Class Member ID.
If you submit a Claim Form by mail, it must be postmarked no later than August 21, 2024. If you submit an Electronic Claim Form, you must do so by 11:59 p.m. on August 21, 2024. Please note that if you had multiple total loss claims within the Class Period, you only need to file one Claim Form per Progressive insurance policy. All total loss claims under your policy will be included for claims validation.
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The Court will hold a hearing on August 6, 2024 at 10:00 a.m., to decide whether to grant final approval to the Settlement. If the Court approves the Settlement, there may be objections. It is always uncertain whether objections will be filed and, if so, how long it will take to resolve them. Payments under the Settlement will be distributed to Class Members who have submitted timely and valid Claim Forms as soon as possible, if and when the Court grants final approval to the Settlement and all objections (if any) have been resolved.
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Yes. If you want to keep the right to sue or if you are already suing Progressive in another action over the legal issues in this case, then you must take steps to exclude yourself from this Settlement. This is sometimes called “opting out” of the Settlement.
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No. If you ask to be excluded, you will not receive the monetary benefits of the Settlement and you cannot object to the Settlement. But you may sue, continue to sue , or be part of a different lawsuit against Progressive in the future for claims that this Settlement resolves. You will not be bound by anything that happens in this lawsuit.
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No. If you do not properly and timely submit a request for exclusion, you give up the right to sue Progressive for the claims that this Settlement resolves. If you have a pending lawsuit against Progressive, other than this class action, speak to your lawyer in that lawsuit immediately.
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To exclude yourself from the Settlement, you must submit a request for exclusion postmarked or received by July 16, 2024. You do not need to hire your own lawyer to request exclusion. You must make a request to be excluded in writing and mail , with sufficient postage, the request to:
Buffington v. Progressive Class Action Settlement
c/o Settlement Administrator
P.O. Box 25411
Santa Ana, CA 92799
Your request for exclusion must contain the following:
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You can tell the Court if you do not agree with the Settlement Agreement or some part of it.
Any Class Member who intends to object to the fairness, reasonableness, and/or adequacy of the Settlement must, in addition to timely filing a written objection with the Court through the Court’s CM/ECF system (or any other method in which the Court will accept filings, if any), send a copy of the written objection by U.S. mail or email to the Settlement Administrator, Class Counsel, and Defense Counsel (at the addresses set forth below) filed and postmarked no later than July 16, 2024.
The full terms of the Settlement can be found in the Settlement Agreement. If you object to the terms of the Settlement , you cannot request exclusion from the Settlement. If you object to the terms of the Settlement and your objection is overruled , you will be bound by the terms of the Settlement and all rulings and orders from the Court.
To properly object, you must set forth and provide:
COURT | Clerk of the Court |
CLASS COUNSEL | Joseph N. Kravec, Jr. |
DEFENDANT’S COUNSEL | Clerk of the Court |
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Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement. Excluding yourself is telling the Court that you don’t want to be part of the Settlement, and thus do not want to receive any benefits from the Settlement. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.
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As long as you do not exclude yourself, you can (but do not have to) participate and speak for yourself in this lawsuit and Settlement. This is called making an appearance. You can also have your own lawyer appear in court and speak for you, but you will have to pay for the lawyer yourself.
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If you want yourself or your own lawyer (instead of Class Counsel) to participate or speak for you in this lawsuit, you must file with the Court a paper that is titled a “Notice of Appearance.” The Notice of Appearance must contain the name of the lawsuit (Buffington v. Progressive Advanced Insurance Co., et al., Case No. 7:20-cv-07408 (S.D.N.Y.)), a statement that you wish to appear at the Fairness Hearing (discussed below), and the signature of you or your lawyer.
Your Notice of Appearance can also state that you or your lawyer would like to speak at the Court’s Fairness Hearing on the Settlement. If you submit an objection (see FAQ 14) and would like to speak about the objection at the Court’s Fairness Hearing, both your Notice of Appearance and your objection should include that information.
Your Notice of Appearance must be signed, mailed, and filed by July 16, 2024 with the Court’s CM/ECF system or through any other method in which the Court will accept filings, if any, at:
Clerk of Court
U.S. District Court
Southern District of New York
300 Quarropas Street
White Plains, NY 10601-4150
Copies of your Notice of Appearance must also be mailed to Class Counsel and Defense Counsel at the same addresses appearing in FAQ 14.
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If you do nothing, you will give up the right to be part of any other lawsuit against Progressive about the legal claims released by the Settlement Agreement. You will not receive payment unless you timely submit a valid Claim Form.
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Yes, the Court has appointed the following attorneys as Class Counsel:
Joseph N. Kravec, Jr. | Antonio Vozzolo | Edmund A. Normand |
These lawyers are experienced in handling class action lawsuits, including actions on behalf of insured policyholders. You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.
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Class Counsel will file an application for attorneys’ fees of no more than $3.5 million dollars and costs and expenses not to exceed $120,000, subject to approval by the Court. Progressive has agreed to pay Class Counsel that amount if approved by the Court. Payment of attorneys’ fees and costs has no impact on and will not reduce , the amount of money that will be paid to Class Members. If the District Court grants Class Counsel’s request, and in whatever amount the District Court approves Class Counsel’s Request, the attorneys’ fees and costs will be paid separately by Progressive . If you submit a valid, complete, and timely claim for payment, you will receive your full payment without reduction for attorneys’ fees and costs.
Class Counsel will also seek a Service Award for the Plaintiff and Class Representative Steven Buffington in the amount of $10,000, subject to court approval. The Service Award is designed to compensate and reward the Plaintiff for his time and effort helping to bring the case and securing the benefits for Class Members under the Settlement and to acknowledge the time he spent by the sitting for deposition, providing discovery, participating in the case and mediation, and prosecuting the claim for the benefit of the Class. Payment of the Service Award, if allowed, has no impact and does not affect in any way the amount of money that will be paid to Settlement Class Members. If the Court grants the request for a Service Award, and in whatever amount the Court approves the request, the Service Award will be paid separately by Progressive, and will not affect in any way, and will not reduce, the amount of money paid to Class Members. If you submit a valid claim for payment, you will receive your full payment and that amount will not be reduced to pay the Service Award.
Class Counsel will file with the Court and post on this website its request for attorneys’ fees, costs, and expenses and Plaintiff’s service award by July 2, 2024.
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The Court will hold a “Fairness Hearing” to decide whether to approve the Settlement on August 6, 2024 at 10:00 a.m. in Courtroom 620 located at The Hon. Charles L. Brieant Jr. Federal Building and United States Courthouse, 300 Quarropas St., White Plains, NY 10601- 4150. At this Hearing, the Court will determine whether the Settlement is fair, adequate , and reasonable and whether the objections by Class Members, if any, have merit. If you have filed an objection and intent to appear on time, and also filed a Notice of Appearance , as described in FAQs 14, 16, and 17, you may attend and ask to speak at the Fairness Hearing, but you don’t have to. Judge Briccetti will, however, only listen to people who have asked to speak at the Fairness Hearing. At the Fairness Hearing, the Court will also consider the Service Award for the Class Representative, as well as the attorneys’ fees and expenses for Class Counsel. We do not know how long the Court’s decision will take.
The hearing may be postponed to a different date or time without notice, so please check this website or call 1-866-608-6747 for updates. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Fairness Hearing , you will receive notice of any change in the time and date of the hearing.
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No. Class Counsel will answer any questions the Court may have, but you are welcome to attend at your own expense. If you send an objection, you don’t have to come to Court to talk about it . As long as you file and mail your valid written objection on time, the Court will consider it . You may also pay another lawyer to attend the hearing, but that’s not required.
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You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must file notice of intent to appear in Buffington v. Progressive Advanced Insurance Co., et al., Case No . 7:20-cv-07408 (S.D.N.Y.) as explained in FAQs 14, 16, and 17, by no later than July 16, 2024. You cannot speak at the Fairness Hearing if you have excluded yourself from the Settlement.
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The Notice summarizes the proposed Settlement. If you have any questions about the lawsuit or any matter raised in the Notice, please call the Settlement Administrator toll-free at 1-866-608-6747.
Complete copies of the documents filed in this lawsuit that are not under seal may be examined and copied at any time at the United States District Court, Southern District of New York, The Honorable Charles L. Brieant Jr. Federal Building and United States Courthouse, 300 Quarropas St., White Plains , NY 10601-4150, under Civil Action Number 7:20-cv-07408-VB. In addition, you can access the Court docket in this case, for a fee, through PACER at https://pacer.uscourts.gov/.
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PLEASE DO NOT TELEPHONE OR CONTACT THE DISTRICT COURT OR THE CLERK OF THE DISTRICT COURT REGARDING THE NOTICE.