Reynolds v. Progressive Class Action

A class action is a lawsuit in which one or more individuals sue on behalf of other persons or entities who have similar legal claims. These persons or entities are referred to as a class or class members. In a class action, one court resolves the issues, legal claims, and/or defenses for all class members in a single lawsuit, except for those persons or entities who ask in writing to be excluded from the class.

This Class Action alleges that Progressive Direct Insurance Company and Progressive Specialty Insurance Company (collectively, “Progressive”) systematically paid their insureds less than the actual cash value of their vehicles for total loss claims, in breach of Progressive’s policies. Plaintiffs assert that Progressive did this by basing the compensation for insureds’ total loss claims on valuation reports that applied Projected Sold Adjustments, which Plaintiffs allege are improper.

Progressive will pay 100% of the PSA Impact Amount to Settlement Class Members who timely submit valid Claim Forms.

For the Settlement Classes (defined below), the PSA Impact Amount is 4.31% of the Actual Cash Value, as determined in Progressive’s records, of each Settlement Class Members total loss vehicle. The Total PSA Impact Amount that is available to be claimed by the Settlement Classes is estimated to be $30,748,947. The estimated average recovery is $533.

Class Counsel will be seeking attorneys’ fees of no more than $6,918,513.08, which is 22.5% of the total amount of funds made available to the Settlement Classes, subject to approval by the Court. Class Counsel also intend to seek approximately $90,000 in costs and a $10,000 Service Award for each of the two Plaintiffs as the Class Representatives, to be approved by the Court. These payments will not reduce the amount of money available to Settlement Class Member''s as they will be paid separately by Progressive. The Court may award less than these amounts.

If you have already been identified as a Settlement Class Member from Progressive’s claims data, you may have received an email and/or a postcard. You are a member of one of the Settlement Classes if you fall into one of these two categories:

1. A person who made a first-party claim on a personal automobile policy of insurance issued by Progressive Direct Insurance Company to an Alabama resident where the claim was submitted from April 20, 2016, through May 21, 2025, and Progressive determined that the vehicle was a total loss and based its claim payment on an Instant Report from Mitchell where a Projected Sold Adjustment was applied to at least one comparable vehicle (“Progressive Direct Class”).
2. A person who made a first-party claim on a personal automobile policy of insurance issued by Progressive Specialty Insurance Company to an Alabama resident where the claim was submitted from April 20, 2016, through May 21, 2025, and Progressive determined that the vehicle was a total loss and based its claim payment on an Instant Report from Mitchell where a Projected Sold Adjustment was applied to at least one comparable vehicle (“Progressive Specialty Class”).

If you are a Settlement Class Member, you have four options.

Option 1: Submit a Claim Form for Payment

You may submit a timely and valid Claim Form for payment of the PSA Impact Amount. The Parties estimated that the total amount of funds made available to the Settlement Classes is approximately $30,748,947. You can submit a claim by signing the Claim Form section of the postcard notice you may have received in the mail, carefully tearing at the perforation, and putting the Claim Form in the mail. You can also call 1-877-644-3965 and request that the Settlement Administrator send you a Claim Form.

If you submit a Claim Form in the mail, it must be postmarked no later than October 15, 2025, and mailed to the following address:
Reynolds v. Progressive Direct Ins. Co.
Settlement Administrator
P.O. Box 6490
Portland, OR 97228-6490

If the address you submit on your Claim Form changes, you must contact the Settlement Administrator to provide a current address or you may not receive your Settlement Payment.

You can also submit a Claim Form on this website using your Unique ID and PIN. Online Claim Forms must be submitted by 11:59 p.m. ET on October 15, 2025. Your Unique ID and PIN can be found on the postcard and email notices you may have received.

Option 2: Exclude Yourself from the Settlement

You have the right to not be part of the Settlement by excluding yourself from, or “opting out” of the Settlement Classes. If you wish to exclude yourself, you must do so on or before August 19, 2025, as described below. You do not need to hire your own lawyer to request exclusion from the Settlement Classes. If you exclude yourself from the Settlement Classes, you will give up your right to receive any benefits as part of this Settlement, and you will not be bound by any judgments or orders of the Court, whether favorable or unfavorable. However, you will keep your right to sue Progressive separately in another lawsuit, if you choose to pursue one.

To exclude yourself from this lawsuit and/or preserve your right to bring a separate lawsuit, you must make a request to be excluded in writing and, with sufficient postage, mail the request to the following address:

Reynolds v. Progressive Direct Ins. Co.
Settlement Administrator
P.O. Box 6490
Portland, OR 97228-6490

A request for exclusion must be postmarked on or before August 19, 2025.

Your request for exclusion must contain the following:

1. The name of the lawsuit (Reynolds v. Progressive)
2. Your full name
3. Your current address
4. Your phone number
5. A clear statement that you wish to be excluded from the Settlement Class, such as: “I request exclusion from the Settlement Class”
6. Your signature

The Settlement Administrator will file your request for exclusion with the Court. If you are signing on behalf of a Settlement Class Member as a legal representative (such as an estate, trust or incompetent person), please include your full name, contact information, and the basis for your authority. A request for exclusion must be exercised individually and not on behalf of a group.

Option 3: Object to the Terms of the Settlement

If you think the terms of the Settlement are not fair, reasonable, or adequate to the Settlement Class Members, you may file a Notice of Intent to Object to the terms of the Settlement. 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, you will still be bound by the terms of the Settlement and all rulings and orders from the Court.

To properly object to the terms of the Settlement, you must send, with sufficient postage, a Notice of Intent to Object to the terms of the Settlement (described below) to the following address:

Reynolds v. Progressive Direct Ins. Co.
Settlement Administrator
P.O. Box 6490
Portland, OR 97228-6490

The Notice of Intent to Object to the terms of the Settlement must include all of the following information:

1. The name of the case and case number (Reynolds v. Progressive Direct Ins. Co., Case No. 5:22-cv-00503-LCB)
2. Your name, address, telephone number, and signature
3. The specific reasons why you object to the terms of the Settlement
4. The name, address, bar number, and telephone number of any lawyer who represents you related to your intention to object to the terms of the Settlement
5. Whether you and/or your lawyer intend to appear at the Final Approval Hearing and whether you and/or your lawyer will request permission to address the Court at the Final Approval Hearing

If you and/or your lawyer intend to request permission to address the Court at the Final Approval Hearing, your Notice of Intent must also include the following information:

1. A statement of the legal and factual basis for each objection
2. A list of any and all witnesses the Settlement Class Member may seek to call at the Final Approval Hearing
3. A list of any legal authority the Settlement Class Member will present at the Final Approval Hearing
4. Either your Total Loss Claim Number or full name and address when the total loss occurred

Notices of Intent to Object must be postmarked by August 19, 2025. Any Notice of Intent to Object to the Settlement that is not postmarked by the deadline set forth above or which does not comport with the requirements listed above may waive the right to be heard at the Final Approval Hearing. If you file a Notice of Intent to Object, you waive the right to request exclusion from the Settlement Classes and will be bound by any decisions and orders from the Court and by the terms of the Settlement if it is approved by the Court. If you do not want to be bound by the decisions and rulings by the Court, you must file a request for exclusion and not a Notice of Intent to Object to the Settlement.

Option 4: Do Nothing Now Stay in the Lawsuit

You have the right to do nothing. If you do nothing, you will be bound by the terms of the Settlement and will release any legal claims against Progressive relating to the facts and circumstances alleged in the Class Action, including any legal claims arising out of Progressive’s settlement of a total loss claim, even if you do not submit a Claim Form. You will not receive a Settlement Payment if you do not submit a Claim Form.

The Court has preliminarily appointed Plaintiff Lauren Reynolds to be the Class Representative of the Progressive Direct Class and Plaintiff Lauri Penn to be the Class Representative of the Progressive Specialty Class. The Court has also preliminarily appointed the following lawyers as Class Counsel for the Settlement Classes: Carney Bates & Pulliam, PLLC; Shamis & Gentile, P.A.; Normand PLLC; Edelsberg Law, P.A.; Jacobson Phillips PLLC; and Bailey & Glasser, LLP.

These lawyers are experienced in handling class action lawsuits, including actions on behalf of insured policyholders. More information about Class Counsel is available on their websites.

Class Counsel will be seeking attorneys’ fees of up to $6,918,513.08 and costs of up to $90,000, with all amounts to be approved by the Court.

Class Counsel will also seek a Service Award for Plaintiff Reynolds as the Class Representative in the amount of $10,000 and a Service Award for Plaintiff Penn as the Class Representative in the amount of $10,000, subject to Court approval. The Service Awards are designed to reward the Class Representatives for securing the recovery awarded to members of the Settlement Classes and to acknowledge the time spent by the Plaintiffs participating in the lawsuit and prosecuting the legal claims for the benefit of the Settlement Classes.

As a part of the Settlement, Settlement Class Members agree not to sue Progressive for any legal claims arising out of or relating in any way to the facts and circumstances alleged in the Class Action, including any legal claims arising out of Progressive’s settlement of a total loss claim. You are not releasing any other legal claims against Progressive. Released Claims do not include any legal claims for personal injury, medical payment, uninsured motorist, or underinsured motorist. Full terms of the Released Claims and Released Parties can be found in the proposed Settlement Agreement on the Documents page of this website.

The Court will hold a Final Approval Hearing on September 15, 2025, at 10:00 a.m. EST in Courtroom II of United States District Court, 660 Gallatin Street, SW, Huntsville, AL 35801. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will also decide on Class Counsel’s application for attorneys’ fees and expenses and the Class Representatives’ application for Service Awards. We do not know how long these decisions will take. The Court may change the date or time of the Final Approval Hearing without further notice, so please check this website for any changes.

No. Settlement Class Members are not required to attend the Final Approval Hearing, but you may attend the hearing if you wish. Class Counsel will answer any questions the Court may have at the Final Approval Hearing. However, you may come at your own expense if you would like to attend the hearing. You may also pay your own lawyer to attend, but it is not necessary.

If you send a written objection, you do not have to come to the Court to talk about it. As long as you mail your written objection on time and follow the instructions above, the Court will consider it. However, if you want to speak about your objection, you may speak at the hearing only if you have clearly written “Intention to Appear” on your written objection letter.

If you have any questions about the lawsuit, please call at 1-877-644-3965 toll-free.

This website provides

1. a blank Claim Form;
2. the full terms of the Settlement;
3. information and requirements for submitting a Claim Form, requesting exclusion, or filing an objection to the terms of the Settlement;
4. a copy of the Complaint filed by Plaintiff and
5. other general information about the Class Action.

You also may contact Class Counsel by mail at:

Reynolds v. Progressive Direct Ins. Co.
Settlement Administrator
P.O. Box 6490
Portland, OR 97228-6490

If the address you submit on your Claim Form changes, you must contact the Settlement Administrator to provide a current address or you may not receieve your Settlement Payment

PLEASE DO NOT TELEPHONE OR CONTACT THE COURT, THE CLERK OF THE COURT, OR PROGRESSIVE OR PROGRESSIVE’S COUNSEL REGARDING THIS NOTICE.