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Commentary: One class action too hard to pass up

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Without ever asking to be a plaintiff, for the third time in six months I have become a member of a class-action lawsuit.

After taking a pass on settlements in the first two class actions I was a member of, I'm going to take the settlement in the third one. First, although I have been not been harmed, I am entitled to the settlement. Second, this one involves free insurance, so how could I pass it up? And third, it's just too darn hard to opt out of this settlement.

Readers may recall that, earlier this summer, I could have claimed free award certificates from American Airlines under a class-action settlement. But I was required to attest, under penalty of perjury, that the airline had denied me the right to use my so-called "old miles" under the "old rules" after the new American Airlines AAdvantage program took effect. I couldn't honestly recall such an occurrence, so I opted out of the class by simply failing to sign the form.

Just a couple of months ago, I was notified that I was a member of a class action against Toshiba Corp. because I had once purchased a Toshiba laptop computer. But in order to obtain my settlement, I had to prove that I had one of the defective machines. I had long since given that laptop to a friend, so I just tossed the offer in the trash.

But just a couple of weeks ago, I was notified by the IDS Life Class Action Information Center that, under a proposed class action settlement, I was entitled to three years of free life insurance, and perhaps more.

I plowed through the 24-page "Notice of Class Action, Proposed Settlement and Fairness Hearing," trying to figure out why I was part of the class and what harm I had suffered.

They were right. I own a "Privileged Assets Annuity" from IDS, which I purchased through American Express years ago. Every month, I have dutifully paid into it through a charge on my Amex card, and I was happy with my investment, however meager. Unlike those who brought the allegations in the "Notice of Class Action," I did not believe that "the defendants made certain representations, failed to disclose certain facts and engaged in other wrongdoing in connection with the marketing, sale, administration and servicing of the life insurance and deferred annuity products."

Yet, I was holding a certificate for three years of free life insurance, and I didn't have to do a thing to get it. I couldn't figure out why. My annuity states clearly that I have a death benefit equal to my balance. I suddenly became concerned that perhaps I had been duped or I didn't really understand what I had purchased. So I called the 800 number for more information, fully expecting it to be an exercise in futility.

After listening to a brief recording that fairly summarized the 24 pages I had already read, I was quickly connected to an articulate person, who confirmed my identity through my Social Security number, address and annuity policy number. She then confirmed that, under the settlement, I would receive three years of life insurance on top of the death benefit under my annuity, unless I wanted to ask for more. When I said I still didn't understand why, she offered, "You may speak to an attorney at no cost to you to help you evaluate your claim."

I said yes, expecting to be put on hold for ages.

Less than a minute later, I was on the phone with an attorney. After listening to my story, she assured me that I understood what I had purchased, unlike many other members of the class. Some people, she explained, had been advised by an agent to buy an annuity like mine for their individual retirement account, and they did not understand that all assets in an IRA accumulate tax-free. Others were misled, she said, on the mechanics of a universal life insurance policy.

As I had not been misled, there was no use pursuing the claims review process I had been offered, she explained. But, she assured me, under the terms of the settlement, I was entitled as an IDS Life policyholder during the time at issue to three years of free life insurance equal to the death benefit under my annuity as of Aug. 31, 2000.

To obtain this settlement, I must do nothing but place my "Benefit Voucher" in a safe place where my husband can find it if I die in the next three years.

Opting out of this settlement, however, is more difficult than entering a sweepstakes if you don't buy the magazines. If I wished to opt out, I would have to write a letter including: (1) my name, address and telephone number; (2) the policy or annuity number(s) for which I am requesting exclusion; (3) a statement that I want to be excluded from the class for each policy or annuity listed; (4) my signature; and (5) the case name and number (Benacquisto vs. American Express Financial Corp., State Court No. 96-18477, Federal Court No. 00-1980). And I would have to be sure to write on the "lower left-hand corner of the front of the envelope `EXCLUSION REQUEST."'

I'm taking the free life insurance. And I'm not going to harp about the estimated $28 million the law firms will make on this settlement, which is valued at $215 million. After all, I got some friendly, efficient and free legal advice, too.

Publisher and Editorial Director Kathryn J. McIntyre's commentary appears fortnightly and on www.businessinsurance.com. She can be reached at kmcintyre@crain.com.