Ward v. Liberty Mutual
A Jornaya Client Faces Tens of Millions in TCPA Claims SafeBind Would Have Flagged
What Jornaya’s certificates couldn’t show, and what SafeBind’s records would have.
Tens of millions of dollars are riding on a question SafeBind answers on every lead: did this consumer agree to be contacted by you?
Liberty Mutual did what a careful lead buyer is supposed to do. It bought leads that came with a Jornaya certificate. When the lawsuit came, Jornaya’s certificates couldn’t settle that question. Six years later, it’s headed to a jury.
What Jornaya (now owned by ActiveProspect) gave Liberty
Jornaya’s technical co-founder described the limits of its certificates in a sworn declaration in the case:
- The partner list: nothing. The “Marketing Partners” link “is inoperative,” and “Jornaya does not have any information or documentation related to ‘Marketing Partners.’”
- The consent language: no opinion. “Jornaya does not prepare or review TCPA consent language used on its customers’ websites and has no comment on its sufficiency.”
- Bots: not verified. Jornaya’s technology “does not verify … whether the data was entered by an individual or a bot.”
- The logo: not in the playback. Liberty says its logo was on the page. The Jornaya playback doesn’t show it. Liberty’s evidence is a snapshot from the Wayback Machine, the free public archive of old web pages.
Liberty paid Jornaya for consent evidence, but to defend itself from tens of millions in claims, it’s relying on a free web archive to show it was one of the “marketing partners.”
What SafeBind would have shown
On every one of those leads, SafeBind would have returned an answer, backed by evidence, before the call:
- The disclosure: analyzed. The consent sentence named “Instant-Auto-Insurance-now.com and one or more of it’s marketing partners.” Whether Liberty was one of those partners is now headed to a jury. SafeBind would have answered it when the lead was bought.
- The partner list behind the link: saved and checked. We follow the “marketing partners” link, save that page as evidence at the time of the lead, and look for your name on it.
- The logo: saved. Images on the page are saved as part of the evidence. If Liberty’s logo was on the page, it would be in the record.
- Bot and fraud signals: analyzed. Automation flags, headless browsers, a bot score, and typing too fast or too even to be human, all checked on the same lead.
With SafeBind, you filter on it: no name, no call. Bot or fraud signals, no call. Liberty would have known which leads named it, and which looked like bots or fraud, while buying each lead, not six years later in court.
On October 1, the court denied both sides’ motions for summary judgment. The case is headed to trial.
What’s at stake for Liberty in Ward
| Class | Calls and texts | At $500 each | At $1,500 if willful |
|---|---|---|---|
| Prerecorded calls to cell phones (20,254 people) | 125,820 | $62.9M | $188.7M |
| Do Not Call Registry (7,092 people) | 56,517 | $28.3M | $84.8M |
| Total | 182,337 | $91.2M | $273.5M |
All of it turns on whether Liberty can prove the consumers agreed to be contacted by Liberty, and the Jornaya certificates it bought can’t settle that.
The Solution
Jornaya and TrustedForm are now both owned by ActiveProspect, and neither opens the partner list. SafeBind does.
SafeBind finds the marketing partners link, saves the partner list as evidence, and checks it for your name so you know you’re named as a party to the consent. It analyzes the consent language for your form of contact, keeps the page’s images as evidence, and screens for bots and fraud. You get the answer before you call, all in one price.
Were you named, and can you prove it? With SafeBind, you know before you call.
Sources: Ward v. Liberty Mutual Insurance Co., No. 1:24-cv-10526 (D. Mass.): Memorandum and Order on Class Certification (June 12, 2026); Memorandum and Order on Cross-Motions for Summary Judgment (Oct. 1, 2026); Declaration of Manny Wald, Dkt. 96-25 ¶¶19, 27, 29 (filed July 31, 2026). Damages are the statutory maximum exposure ($500 per violation, up to $1,500 if willful) applied to the call counts in the court’s order. The facts are disputed and liability has not been decided. Statements about Jornaya’s service are quoted from its declaration in this case. ActiveProspect announced its acquisition of Verisk Marketing Solutions, which includes Jornaya, on January 8, 2026. Jornaya and TrustedForm are trademarks of their owners; SafeBind is not affiliated with ActiveProspect. Not legal advice.