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Settlement information last updated on November
10, 2009:
On September 10, 2009, the Court in Milliron v. T-Mobile USA, Inc. entered an order
granting final approval to the class action settlement. The deadlines to file a
claim, object to the settlement or request exclusion from it have passed.
The distribution of settlement benefits will be delayed because objectors to the
settlement have filed appeals challenging the Court's final approval order. Benefits
will not be distributed until the appeals process is complete. Please be patient.
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FREQUENTLY ASKED QUESTIONS
- What is the lawsuit about?
- Why is this a class action?
- Why is there a settlement?
- Who is included in the Settlement?
- What are my current options?
- What does the Settlement provide?
- How can I submit a claim?
- I filed a claim. When will I receive the benefit
I selected?
- What am I giving up to get a benefit or stay in the
Class?
- How can I exclude myself from the Class?
- If I don't exclude myself, can I sue T-Mobile for
the same thing later?
- If I exclude myself, can I get any benefits?
- How can I object to the Settlement?
- What's the difference between objecting and excluding?
- What happens if I do nothing at all?
- Who is representing the Settlement Class Members
in this case?
- Do I have to pay these lawyers?
- How will the lawyers be paid?
- Should I hire my own lawyer?
- Will the Class Representatives receive any payment?
- What is the Settlement Hearing?
- When and where will be Settlement Hearing be held?
- Do I have to attend the Settlement Hearing?
- May I speak at the Settlement Hearing?
- How can I get more information?
- What is the lawsuit about?
A customer of T-Mobile, Plaintiff Debbie Milliron, has sued that company alleging
that T-Mobile violated her rights under the laws of various states, as well as federal
law, by imposing flat-rate Early Termination Fees. The Court has allowed the lawsuit
to be a class action for the purposes of settlement. The Settlement Class includes
all subscribers to T-Mobile with personal accounts who paid or were charged a flat-rate
Early Termination Fee ("ETF") at some time during the period July 23, 1999 through
February 19, 2009, and/or who have or had a contract for service with T-Mobile that
included a flat-rate ETF at some time during the period July 23, 1999 through February
19, 2009.
This Settlement will also resolve other pending cases that challenge T-Mobile's
flat-rate ETF, including Gatton v. T-Mobile USA, Inc., No. RG03108118, pending
in Alameda County, California Superior Court; Greene v. T-Mobile USA, Inc.,
No. C07-1563RSM, pending in the United States District Court for the Western District
of Washington; Greener v. T-Mobile USA, Inc., No. CV-06-452-S-EJL, pending
in the United States District Court for the District of Idaho; Hellman v. T-Mobile
USA, Inc., No. 502004CA005061MB, pending in the 15th Judicial Circuit, Palm
Beach County, Florida; Jones v. T-Mobile USA, Inc., No. 08CH44359, pending
in the Cook County, Illinois Circuit Court, Chancery Division; and Sweetnam v. T-Mobile
USA, Inc., No. C06-1463RSM, pending in the United States District Court
for the Western District of Washington.
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- Why is this a class action?
In a class action, one or more people called Class Representatives (in this case
Debbie Milliron) sue on behalf of people who have similar claims. All these people
are called "Class Members." One court resolves the issues for all Class Members,
except for those who exclude themselves from the Class.
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- Why is there a settlement?
The parties agreed that the lawsuit should proceed as a class action for purposes
of settlement, and the Court agreed because it meets the requirements of Rule 23
of the Federal Rules of Civil Procedure. More information about why the Court is
allowing this Settlement is in the Court's Preliminary Approval Order dated February
19, 2009, available on this website by
clicking here.
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- Who is included in the Settlement?
The Settlement Class includes all subscribers to T-Mobile with personal accounts
who paid or were charged a flat-rate Early Termination Fee ("ETF") (generally $
200) from July 23, 1999 to February 19, 2009, and/or have or had a contract for
service with T-Mobile that included a flat-rate ETF from July 23, 1999 to February
19, 2009.
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- What are my current options?
The deadlines to file a claim, object to the settlement or request exclusion from
it have passed.
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- What does the Settlement provide?
The Settlement provides that T-Mobile will pay $11.5 million into a fund that will
include money for certain Settlement Class Members, after deducting payment of the
costs of administering the Settlement, including the costs of this Notice, attorneys'
fees, and costs of the litigation. In addition, T-Mobile will provide other non-cash
relief to certain Settlement Class Members. The Settlement does not relieve Settlement
Class Members of any existing or future obligations to pay ETFs that they owe to
T-Mobile.
If approved by the Court, payments will be made to Settlement Class Members under
a "Plan of Allocation" that allows—after payment of the fees and costs described
above—payment to Settlement Class Members who paid an ETF, payment to Settlement
Class Members who were charged but did not pay an ETF, and other relief to Settlement
Class Members who had a contract for service with T-Mobile that included a flat-rate
ETF on February 19, 2009 and assert under penalty of perjury that they have suffered
some harm as a result thereof and/or believe that they should not be subject to
a flat-rate ETF. Settlement Class Members who can prove that they paid in full a
flat-rate ETF, or for whom T-Mobile's records indicate that they paid in full a
flat-rate ETF, may submit a claim of up to $125. Settlement Class Members who cannot
establish that they paid in full a flat-rate ETF (and for whom T-Mobile’s records
do not reflect such a payment), but who submit a claim in which they assert under
penalty of perjury that they did so, may submit a claim of up to $25 if T-Mobile’s
records indicate that they were charged a flat-rate ETF. Settlement Class Members
who can prove that they were charged a flat-rate ETF (or for whom T-Mobile’s records
indicate that they were charged a flat-rate ETF), but did not pay it in full (and
did not receive a full credit of the amount charged within 30 days), may submit
a claim of up to $25 if they assert under penalty of perjury that the charging of
the fee and/or the partial payment caused them harm.
T-Mobile will provide up to $2 million in non-cash relief. Settlement Class Members
who had a contract for service with T-Mobile that included a flat-rate ETF on February
19, 2009, and who assert under penalty of perjury that they suffered some harm as
a result, and/or believe that they should not be subject to a flat-rate ETF, may
submit a claim for 50 bonus minutes a month for 3 months, 100 bonus text messages
a month for 3 months, "T-Mobile HotSpot" access for 7 days, or the right to have
their contract with T-Mobile contain a prorated ETF provision instead of a flat-rate
ETF.
The amount paid to Settlement Class Members may be smaller than the amount of the
claim, depending on how many claims for cash payments are submitted. The amount
of the non-cash benefits (other than the proration benefit) may also vary depending
on how many claims for those benefits are submitted.
T-Mobile will provide, as an alternative to the non-cash relief described above,
the option for certain Settlement Class Members to modify their contracts to include
a prorated ETF instead of the flat-rate ETF. Settlement Class Members who submit
claims for non-cash benefits or the proration benefit will receive "T-Mobile HotSpot"
access instead of the benefit they requested if, at the time that relief is distributed,
they are no longer T-Mobile customers. Settlement Class Members who submit claims
for the proration benefit will receive "T-Mobile HotSpot" access instead of the
benefit they requested if, at the time that relief is distributed, they are no longer
subject to a flat-rate ETF. You can read more about the Plan of Allocation
[here].
The Settlement provides that T-Mobile will agree not to impose flat-rate ETFs in
its contracts with new subscribers for a minimum of 24 months. The Settlement does
not require T-Mobile to modify its existing contracts except those of Class Members
who request and are entitled to receive the proration benefit. T-Mobile has reserved
its right to collect unpaid balances from its subscribers, including unpaid ETFs.
Notwithstanding the above, in the event that T-Mobile institutes a lawsuit or arbitral
proceeding to recover any unpaid flat-rate ETFs, you will not be precluded from
asserting, on an individual basis only, any defenses to such an action.
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- How can I submit a claim?
The deadline for filing a claim has passed. It is no longer possible to request
a Notice and Claim Form packet or file a claim.
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- I filed a claim. When will I receive the benefit I
selected?
Allocation and distribution of cash and non-cash benefits will not occur until after
all claims have been received and processed. On September 10, 2009, the Court in
Milliron v. T-Mobile USA, Inc. entered an order granting final approval to
the class action settlement. As a result, the deadline to file a claim has been
extended to November 9, 2009. However, the distribution of settlement benefits will
be further delayed because objectors to the settlement have filed appeals challenging
the Court's final approval order. Benefits will not be distributed until the appeals
process is complete. Please be patient.
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- What am I giving up to get a benefit or stay in the
Class?
The Settlement will release claims that past and current subscribers may have against
T-Mobile relating to flat-rate ETFs, unless the individual excludes him/herself
from the Settlement. Specifically, the Settlement will release claims pled in all
other cases challenging T-Mobile's flat-rate ETF.
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- How can I exclude myself from the Class?
The Settlement has been approved by the Court. You can no longer exclude yourself
from the class.
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- If I don't exclude myself, can I sue T-Mobile for
the same thing later?
No. Unless you exclude yourself, you give up any right to sue T-Mobile for the claims
that this Settlement resolves. If you have a pending lawsuit, involving the same
claims that this Settlement resolves, speak to your lawyer in that case immediately.
You must exclude yourself from this Class to continue your own lawsuit.
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- If I exclude myself, can I get any benefits?
No. If you exclude yourself, you will not be eligible for any of the benefits of
this Settlement. Do not submit a Claim Form.
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- How can I object to the Settlement?
The Settlement has been approved by the Court. You can no longer object to the the
Settlement.
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- What's the difference between objecting and excluding?
Objecting is simply telling the Court that you do not like something about the Settlement.
You can object only if you stay in the Class. Excluding yourself is telling the
Court that you do not want to be part of the Class. If you exclude yourself, you
have no basis to object because the case no longer affects you.
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- What happens if I do nothing at all?
The deadlines to file a claim, object to the settlement or request exclusion from
it have passed. If you did nothing or if you submitted a Claim Form you will not
be able to sue, or continue to sue, T-Mobile—as part of any other lawsuit—under
state or federal law about any issues relating to the validity of the flat-rate
ETF or the propriety of its assessment or collection.
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- Who is representing the Settlement Class Members
in this case?
The Court appointed the law firms of Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart
& Olstein; Seeger & Weiss LLP; and Freed & Weiss LLC to represent the Plaintiff
and Settlement Class Members. These law firms are called "Class Counsel." More information
about these law firms, their practices, and their lawyers' experience is available
at www.CarellaByrne.com,
www.SeegerWeiss.com, and www.FreedWeiss.com.
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- Do I have to pay the lawyers?
You will not be charged for these lawyers.
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- How will the lawyers be paid?
If the Settlement is approved, Class Counsel will ask the Court for fees and expenses.
If the Court grants the attorneys' requests, the fees and expenses would be deducted
from the $11.5 million common fund paid by T-Mobile. Class Counsel has agreed not
to seek more than $4.5 million as compensation.
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- Should I hire my own lawyer?
If you choose to remain in the Class, you do not need to hire your own lawyer because
Class Counsel is working on your behalf. But, if you want your own lawyer, you will
be responsible for paying that lawyer. For example, you can ask him or her to appear
in Court for you if you want someone other than Class Counsel to speak for you.
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- Will the Class Representatives receive any payment?
Ms. Milliron, or Class Counsel on her behalf, may make an application to the Court
for a reasonable incentive award in an amount not to exceed $1,000.
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- What is the Settlement Hearing?
The Court will hold a Settlement Hearing to determine whether the Settlement should
be approved by the Court as fair, reasonable, and adequate, and whether judgment
should be entered thereon. The Court will also consider at the Settlement Hearing
the request of Class Counsel for an award of attorneys' fees in an amount of up
to $4.5 million, plus reimbursement of reasonable expenses, and an incentive award
to the Class Representative, which will be deducted from the Common Fund. Once Class
Counsel has filed its fee request, it will be available
[here].
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- When and where will the Settlement Hearing be held?
The Settlement Hearing will be held on July 27, 2009, at 10:00 a.m., in the United
States District Court for the District of New Jersey, located at 50 Walnut Street,
Newark, New Jersey 07101.
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- Do I have to attend the Settlement Hearing?
Your attendance at the Settlement Hearing is not required.
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- May I speak at the Settlement Hearing?
You may be heard orally at the Settlement Hearing in opposition to the proposed
Settlement or the applications for attorneys' fees and expenses, but only if you
have timely filed written objections in the described manner, including a statement
that you intend to appear and be heard at the Settlement Hearing. You may also enter
an appearance through an attorney, at your own expense. If you do not do so, you
will be represented by Class Counsel.
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- How can I get more information?
You can view the Second Amended Complaint, the Court's Preliminary Approval Order,
and other case-related documents [here]. You may
also contact the Settlement Administrator by calling 1-800-589-1423 or by writing
the Settlement Administrator at P.O. Box 945, Minneapolis, Minnesota 55440-0945,
or one of Class Counsel by sending an email to Freed & Weiss LLC at
info@etf-settlement.com, by visiting www.FreedWeiss.com,
or by writing to: 111 West Washington Street, Suite 1331, Chicago IL 60602, attention
T-Mobile Settlement.
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Please do not contact T-Mobile or the Court with questions about this Settlement.
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