Under the terms of the Settlement Agreement, AT&T and the Clearinghouses have the right to challenge any claim pursuant to the terms of the Settlement Agreement. The Settlement Administrator has begun the process of sending out Notice of Challenge to Claim and Opportunity to Respond.
Overview Of The Proposed Settlement
Nwabueze et al. v. AT&T. et al., Case Number CV-09-1529 SI
United States District Court for the Northern District of California
If you were billed for Third-Party Charges on your AT&T landline telephone bill and you did not authorize the charges, you may be entitled to payment from this class action Settlement.
A federal court authorized this notice. Official Settlement Website
A Settlement has been approved by the Court in a class action lawsuit against AT&T alleging that third-party companies placed unauthorized charges on AT&T's landline telephone bills (known as "cramming"), in violation of federal and state law. AT&T denies any wrongdoing. Both sides agreed to settle the lawsuit to avoid the cost, delay, risks, and uncertainty of litigation. The Settlement calls for payments pursuant to a claims approval process to Settlement Class Members who assert they paid for Third-Party Charges placed on their AT&T landline telephone bills they did not authorize.
What is the Lawsuit About?
The lawsuit claims that AT&T placed charges from third-party companies on its bills and collected money for those charges, even though the customers had not knowingly authorized the charges. The lawsuit asks the Court to require AT&T to pay customers the money it collected for all Third-Party charges that the customers did not authorize. AT&T denies it did anything wrong or that it has any liability for Third-Party Charges.
What Does This Settlement Provide?
The Settlement calls for the payment pursuant to a claims approval process of full refunds and credits (i.e., 100 cents on the dollar) to all present and former AT&T landline telephone customers in the United States who, at any time between January 1, 2005 and January 14, 2013 paid for third party charges that they assert were placed on their landline telephone bills without their knowing authorization. While the size of payment to which individual customers could be entitled is likely to vary considerably, class counsel contend that some class members may have claims of hundreds of dollars or more.
The Settlement affects the rights of all AT&T landline telephone customers who were billed for Third-Party Charges between January 1, 2005 and January 14, 2013.
If you wish to seek payment under this Settlement you must submit a Claim Form NO LATER THAN DECEMBER 2, 2013 or 30 days after you receive a Billing Summary in response to a timely-made request, whichever is later. If you wanted a Billing Summary you must have submitted a Billing Summary Request NO LATER THAN DECEMBER 2, 2013.
ALERT: If you don't want to be legally bound by the settlement, you must have excluded yourself by September 2, 2013, or you won't be able to sue, or continue to sue, AT&T or any other Released Parties about the claims in this case [for a description of Released Parties, click here]. If you excluded yourself, you cannot receive a payment under this settlement. The deadline to request exclusion has passed.
Your legal rights are affected whether you act or don't act.
|Your Legal Rights and Options in This Settlement:|
|SUBMIT A CLAIM FORM||This is the only way to get a payment. You have the right as a member of the Settlement Class to apply through a claims approval process for the full amount (i.e., 100%) of all Third-Party Charges you paid between January 1, 2005 and January 14, 2013, that you assert were not authorized and for which you have not previously been reimbursed. To receive a Settlement payment, you must submit a Claim Form by December 2, 2013 or 30 days after you receive a Billing Summary in response to a timely request, whichever is later, and include either a Billing Summary provided by AT&T as part of this Settlement and identify on that summary any charges you claim were not authorized or provide other supporting documents (e.g., copies of bills with identification of the charges you claim were not authorized).|
|GET A BILLING SUMMARY||You could have been provided with a free summary of all your Third-Party charges. You may have been billed for Third-Party Charges over a period of months without having noticed it. To help you determine if you were billed for Third-Party Charges you did not authorize during the Class Period, you could have requested a free summary of all Third-Party Charges billed to you as identified from a search of reasonably available AT&T billing information by submitting a Billing Summary Request to the Settlement Administrator by December 2, 2013.|
|EXCLUDE YOURSELF||Get no payment. This is the only way that you can ever be part of any other lawsuit against AT&T or other Released Parties for the legal claims in this case. If you did not want to be legally bound by the Settlement, you must have submitted a signed, written request requesting exclusion by September 2, 2013. The deadline to request exclusion has now passed.|
|COMMENT OR OBJECT TO THE SETTLEMENT||Write to the Court about what you think about the Settlement. Objecting is simply telling the Court you do not like something about the Settlement by sending a letter explaining the reasons you don't like the Settlement. To be timely, your objection must have been filed with the Court and mailed to Class Counsel and AT&T's Counsel and received on or before September 2, 2013. You could have only objected if you stayed in the Class. The deadline to file an objection has now passed.|
|GO TO THE HEARING||You could have asked to speak in Court about the fairness of the Settlement. You do not need to attend the hearing in order to receive a payment. However, you were not permitted to appear at the Final Approval Hearing to present an objection unless you had filed a timely written objection. The Court held a Final Approval Hearing on November 15, 2013 at 10:00 a.m. at the U.S. District Court, Northern District California. The Court approved the Settlement Agreement on November 27, 2013. The Court's final approval of the settlement was appealed by a single individual. The appeal process has delayed the processing of claims made under the settlement. This website will keep you informed of the progress of the settlement.|
|DO NOTHING||Get no payment and give up your right to sue Defendants and other Released Parties regarding the issues in this case.|
These rights and options - and the deadlines to exercise them - are explained in the Notice.