If you subscribed for Vonage services in the United States on or before January 3, 2011 you may be entitled to benefits from a class action settlement.
A class action settlement has been reached in a class action lawsuit pending against Vonage America, Inc., Vonage Holdings Corp., and Vonage Marketing Inc. (now Vonage Marketing LLC) (collectively “Vonage” or “Defendants”) in the United States District Court for the District of New Jersey (styled In re Vonage Marketing and Sales Practice Litigation, MDL No. 1862, Class Action Case No. 3:07-cv-03906) alleging, among other things, that Vonage misrepresented the scope of its promotional one month free and money back guarantee offers, improperly collected certain disconnection, cancellation or termination fees, and continued to charge subscription fees despite requests for cancellation, purportedly in breach of contract, breach of the implied covenant of good faith and fair dealing, violation of New Jersey and California consumer protection laws, and unjust enrichment, according to the Vonage promotional one month free and money back guarantee offers class action lawsuit settlement notice.
The Vonage promotional one month free and money back guarantee offers class action lawsuit settlement class reportedly includes the following persons, unless otherwise excluded:
All persons in the United States, its territories or possessions who are or were subscribers or customers of Vonage on or before the date of entry of the Preliminary Approval Order, who (1) signed up under a one- or two-month free service promotion, (2) cancelled service within ten days of the expiration of their money back guarantee promotion, (3) were charged a disconnection fee and/or (4) requested cancellation but were thereafter charged regular monthly service fees for service they did not use after the cancellation request.
The Vonage class action lawsuit settlement reportedly provides that Vonage will reimburse Class Members from a settlement fund to be funded by Vonage in an amount of $4.75 million net of certain fees and expenses. The Vonage class action settlement reportedly provides four categories of relief to eligible class members who complete and submit a Claim online at www.SettlementVonage.com or who mail a Claim Form to Vonage MDL Settlement Administrator, P.O. Box 6809, Portland, OR 97228-6809 within sixty (60) days after the Court enters Final Approval of the Settlement (which reportedly may be as early as July 9, 2011):
CATEGORY 1 – ONE MONTH FREE CLAIMS: Class Members who were not able to receive a full free promotional month of service: Class Members whose promotional one or two free month(s) of service began on the date their accounts were administratively opened, and not the date full service was available for use (for reasons including, but not limited to, delays associated with the porting of an existing telephone number and the shipping and receipt of equipment) shall reportedly be eligible to receive $10.00 (subject to possible pro rata reduction) with submission of an eligible claim.
CATEGORY 2 – MONEY BACK GUARANTEE CLAIMS: Class Members who were not able to receive full service during the money back guarantee period: Those Class Members who cancelled their subscription between thirty-one (31) and forty (40) days after signing up with Vonage (or between sixty-one (61) and seventy (70) days for Class Members who signed-up between August 15, 2007 and February 3, 2008), who were charged and paid a monthly service fee or equipment charges, and who did not receive a refund or credit from Vonage for such fees or charges shall reportedly be eligible to receive payment for such fees and charges (refund not to exceed $25.00 for the monthly service fee and $80.00 for equipment charges, subject to possible pro rata reduction) with submission of an eligible claim.
CATEGORY 3 – DISCONNECTION FEE CLAIMS: Class Members who were charged disconnection, termination or cancellation fees: Class Members who were charged and paid any termination, cancellation, or disconnection fees for cancelling Vonage service and did not receive a refund or credit from Vonage for such fees shall reportedly be eligible to receive payment for those fees (refund not to exceed $40.00, subject to possible pro rata reduction) with submission of an eligible claim.
CATEGORY 4 – POST-CANCELLATION SERVICE FEE CLAIMS: Class Members who were charged monthly service fees after cancellation: Those Class Members who requested cancellation of their subscription with Vonage, but were thereafter charged and paid regular monthly service fees for services they did not use after their cancellation request, that were not otherwise refunded or credited by Vonage, shall reportedly be eligible to receive payment for such service fees (refund not to exceed $50.00, subject to possible pro rata reduction). To be eligible, Class Members must submit an eligible claim and a sworn declaration of (1) the attempted cancellation and (2) that Vonage’s services were not used thereafter. The sworn declaration shall provide the details of the efforts of cancellation, including the date(s) and method(s) of cancellation. A Class Member will reportedly be deemed ineligible for this benefit if records show that he or she continued to use Vonage’s service after the date he or she sought to cancel service.
The Court will reportedly hold a Final Approval Hearing in Courtroom 5E, at the United States District Court for the District of New Jersey, 402 East State Street, Room 5050, Trenton, New Jersey on May 10, 2011 at 10:00 a.m. to consider whether the proposed Vonage Settlement is fair, reasonable and adequate and to consider Class Counsel’s request for attorneys’ fees, costs and expenses, and incentive awards.
For more information about the Vonage class action lawsuit settlement, including information about how to participate in, be excluded from (or opt out of) or object to the Vonage class action settlement, visit the Vonage class action settlement website:
www.SettlementVonage.com
If You Have Thoughts On The Vonage Promotional One Month Free & Money Back Guarantee Offers Class Action Lawsuit Settlement, Share Your Class Action Settlement Comments Below.
I received the cheque for $145/- dated Feb 28, 2012 after redirection from my previous address to my current address. When I picked up it was past the 30 day time limit for depositing the cheque. Could anyone advise me how I can get a replacement cheque in place of the outdated one?
Thank you.