Liberty Home Guard Lawsuit: TCPA Class Action and Arizona Penalty

The main Liberty Home Guard lawsuit is a certified federal class action alleging the Brooklyn-based home warranty company violated the Telephone Consumer Protection Act by calling and texting people whose numbers were on the National Do-Not-Call Registry. A West Virginia federal judge certified a nationwide class in December 2025, and Liberty Home Guard estimates the exposure at more than $10 billion. The company is separately dealing with a state regulatory penalty in Arizona and a heavy volume of consumer complaints over denied claims and refunds.

The TCPA Class Action in West Virginia

The case is Mey v. Liberty Home Guard, LLC and Benjamin Joseph, Case No. 5:23-cv-00281, pending in the Northern District of West Virginia. Plaintiff Diana Mey alleges Liberty Home Guard called and texted residential phone numbers listed on the National Do-Not-Call Registry, in violation of the TCPA. She originally filed in Ohio County, West Virginia state court in March 2023, and the case was later removed to federal court.¹

Liberty Home Guard denies wrongdoing and argues Mey is not a typical class member. According to the company, Mey received calls only because another consumer mistyped a phone number when requesting information, so Liberty dialed hers by accident. The company says actual class members voluntarily requested contact and may be subject to individual defenses including consent, existing business relationships, and arbitration agreements. Mey has filed at least 18 TCPA cases in the same court over the past five years.²

Who Is in the Class

On December 3, 2025, U.S. District Judge John Preston Bailey certified a nationwide class. It covers individuals whose residential numbers were on the National Do-Not-Call Registry and who received two or more calls from Liberty Home Guard within a 12-month period. The TCPA authorizes statutory damages of $500 to $1,500 per violating call, and Liberty Home Guard has publicly estimated total exposure at more than $10 billion, a figure it calls existential.²

The Pending Appeal

On December 17, 2025, Liberty Home Guard and co-defendant Benjamin Joseph asked the U.S. Court of Appeals for the Fourth Circuit (Case No. 25-231) for permission to appeal the certification order. The petition argues:

The scale of potential damages creates settlement pressure that would end the case before any merits review.
The certification order copied the plaintiff’s reply brief word for word, including typographical errors, while excluding defense evidence as untimely.
Many putative class members consented to contact or signed arbitration agreements, so they lack a concrete injury and cannot be represented by Mey, whose situation the company traces to a clerical mix-up.
The district court wrongly held that Liberty Home Guard waived its right to compel arbitration for absent class members.

The Fourth Circuit had not ruled on whether to hear the appeal as of the December 2025 filing, and the district court docket shows the case remained active into mid-2026.¹

Arizona’s $10,000 Penalty

Separately, in March 2024 the Arizona Department of Insurance and Financial Institutions entered a consent order against Liberty Home Guard after investigating six consumer complaints filed between July and September 2023. The Department found the company repeatedly failed to respond to requests for records and information within the required 15 working days, often only replying after multiple follow-ups.³

Liberty Home Guard was assessed a $10,000 civil penalty, with $3,000 due immediately and $7,000 suspended on the condition that the company respond to Department inquiries on time for six months. Co-CEO Benjamin Joseph signed the order in January 2024. The order also stated it did not block other Arizona agencies from pursuing action under the state’s Consumer Fraud Act.³

What Customers Are Complaining About

Liberty Home Guard’s Better Business Bureau profile lists 1,241 complaints over three years, with 306 closed in the most recent 12 months. Service or repair issues account for 893 of them, and the profile carries a “Pattern of Complaints” alert. The company is not BBB accredited.⁴⁵ A second BBB profile under “Liberty Home Warranty, LLC” shows 42 complaints over three years, with 41 unanswered by the company.⁶

Recurring themes in complaints and reviews include:

Denials based on the age of the item, with customers reporting that coverage is refused for anything older than 15 years and that this limitation was not disclosed at purchase.⁷
Cash settlements as low as $100 for major appliances, or offered replacements customers say are not comparable to what failed.⁷
A $250 cap on claims filed in the first 100 days, and $500 annual limits on some plumbing, electrical, and optional add-on items.⁴
Refunds reduced by claim costs and a $50 administrative fee, sometimes leaving nothing, along with delays or hang-ups on cancellation calls.⁶

Contract Terms Behind the Disputes

Many complaints track back to specific provisions in the warranty. The policy caps payouts at $2,000 per covered item and further limits liability to the item’s book value, meaning depreciated fair market value rather than replacement cost. Liberty Home Guard can choose to pay cash instead of performing a repair or replacement, and once it issues a cash payout for an item, it can stop covering that item.⁸

The contract also excludes pre-existing conditions (whether known or unknown), professional-grade or luxury appliances, routine maintenance, and anything involving mold, lead, asbestos, or pest damage. Costs to bring systems up to current building codes are not covered. A customer who hires an outside contractor without prior approval forfeits reimbursement.⁸

The terms of use require a 60-day informal negotiation before binding arbitration, include a class action waiver and a jury trial waiver, and set Brooklyn, New York as the arbitration venue under New York law. If 25 or more similar claims are filed, a batching procedure groups them into sets of 50, with bellwether resolution required before later batches move forward.⁹ Whether these arbitration provisions reach the TCPA class members in Mey is itself one of the contested questions in that case.

1
CourtListener. Mey v. Liberty Home Guard, LLC
2
TCPA World. Petition for Permission to Appeal, Mey v. Liberty Home Guard
3
Arizona Department of Insurance and Financial Institutions. Consent Order No. 23A-086-INS
4
Better Business Bureau. Liberty Home Guard Complaints
5
Better Business Bureau. Liberty Home Guard Business Profile
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Better Business Bureau. Liberty Home Warranty LLC Complaints
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ConsumerAffairs. Liberty Home Guard Reviews
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Liberty Home Guard. Sample Policy
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Liberty Home Guard. Terms of Use