If You Were An AT&T Wireless Customer After March 1, 1999, You Could Receive Benefits From Class Action Settlements.
Proposed class action settlements have been reached in several class action lawsuits against AT&T Wireless Services, Inc., a company that was merged out of existence in 2004, and certain related entities, including Santa Barbara Cellular Systems, Ltd. (“AT&T Wireless” or “AWS”), alleging that certain of AT&T Wireless’s former billing practices violated the Federal Communications Act and consumer protection laws of California, Washington, and other states and territories of the United States, according to the AT&T Wireless mMode Data Service Charges, ENH Discount International Dial EDID Charges, Out-of-Cycle Billing and Universal Connectivity UCC Charges class action settlement notice.
The AT&T Wireless class action lawsuit complaints reportedly challenged AT&T Wireless’s (1) charges for mMode Data Service (“mMode”), if the subscriber did not authorize the charges or understand the disclosures about the charges; (2) charges for ENH Discount International Dial (“EDID”), if the subscriber did not authorize the charges or understand the disclosures about the charges; (3) charges for cellular telephone calls during a billing period other than the billing period in which the calls were made (“Out-of-Cycle Billing”), if the subscriber did not understand the disclosures about the charges; and (4) imposition of the Universal Connectivity Charge (“UCC”), if the subscriber was not aware at the time of subscribing that the UCC would be charged (collectively, the “Settled Claims”).
The AT&T Wireless class action cases involved in the Settlements are as follows (collectively, the “Class Actions”):
- Lozano v. AT&T Wireless Services, Inc., et al., Case No. CV 02-00090 CAS (AJWx) (Central District of California);
- Randolph, et al. v. AT&T Wireless Services, Inc., et al., Case No. RG05193855 (Alameda Superior Court, California);
- Schnall, et al. v. AT&T Wireless Services, Inc., et al., Case No. 02-2-05776-4 (King County Superior Court, Washington);
- Stern v. AT&T Mobility Corp., et al., Case No. CV 05-08842 CAS (CTx) (Central District of California) (“Stern I”); and
- Stern v. New Cingular Wireless Services, Inc., et al., Case No. SACV 09-01112 CAS (AGRx) (Central District of California) (“Stern II”).
These class action lawsuits do not concern the conduct or billing practices of Cingular Wireless or AT&T Mobility. Three settlement agreements are reportedly involved that settle the AT&T Wireless class action lawsuits: (1) the Stern I Settlement, (2) the Lozano Settlement, and (3) the UCC Settlement (collectively, the “Settlement Agreements”).
Stern Class Action Settlement
Stern I Settlement Class members reportedly include residents of the United States or its territories who subscribed with AT&T Wireless for wireless telephone service, whether as a new customer or as a preexisting customer, at any time from December 20, 2001 through the Effective Date of the Stern I Settlement Agreement (the “Stern I Class Period”), and who at any time during the Class Period was billed and paid, but was not refunded in full, for mMode and/or EDID. Stern Settlement Class members do not include any current or former employee, officer, director, agent, or legal representative of AT&T Wireless or AT&T Mobility (“ATTM”) and their affiliated entities, government agency; subscriber to any pre-paid rate plan; person with a Corporate B2B account; or person who has an outstanding balance due on your AT&T Wireless account that was terminated during the Stern I Class Period, of eight dollars ($8.00) or more (determined as of the date Notice is provided to the Settlement Class).
Stern I Settlement Class members who timely submit a Claim Form that is approved may be eligible for one or both of the following settlement payments:
- If the Stern I Settlement Class member did not understand what mMode meant when it appeared on their bill or did not authorize AT&T Wireless to bill them for mMode, they may receive a benefit in the form of a check in the amount of $8.00; and/or
- If the Stern I Settlement Class member did not understand what EDID meant when it appeared on their bill or did not authorize AT&T Wireless to bill them for EDID, they may receive a benefit in the form of a check in the amount of $10.00.
Lozano Class Action Settlement
Lozano Settlement Class members include residents of the State of California, who initiated cellular telephone service with AT&T Wireless under a “One Rate-type” plan on or after March 1, 1999, and who, at any time between March 1, 1999 and the Effective Date of the Lozano Settlement Agreement (the “Lozano Class Period”), was charged by AT&T Wireless for cellular telephone calls during a billing period other than the billing period in which the calls were made (Out-of-Cycle Billing). Lozano Settlement Class members do not include any current or former employee, officer, director, agent, or legal representative of AT&T Wireless or AT&T Mobility and their affiliated entities, government agency; subscriber to any pre-paid rate plan; person with a Corporate B2B account; or person who has an outstanding balance due on their AT&T Wireless account that was terminated during the Lozano Class Period, of eight dollars ($8.00) or more (determined as of the date Notice is provided to the Settlement Class).
“One Rate-type” plans reportedly include, but are not limited to, the following:
Digital One Rate Plans, AT&T Personal Network $29.99, AT&T Advantage Business plans, AT&T Advantage $49.99 Digital, AT&T Digital PCS $24.99 Plan, AT&T Digital PCS $39.99 Plan, AT&T Digital Pcs $69.99 Plan, AT&T Digital Pcs $99.99 Plan, AT&T Advantage Bus 500 Digital, AT&T Business Pool Digital, AT&T Advantage Simple Rate, AT&T Adv $24.99 Digital, AT&T Adv $34.99 Digital, AT&T Adv $39.99 Digital, AT&T Adv $49.99 Digital, AT&T Adv $69.99 Digital, AT&T Adv $99.99 Digital, AT&T Digital Pcs $19.99 Plan, AT&T Advantage Small Bus 2 Digital Pcs, AT&T Advantage Region Corp 10, AT&T Advantage Region Corp 1, AT&T Advantage Region Corp 3, AT&T Advantage Region Corp 4, AT&T Advantage Region Corp 5, AT&T Advantage Region Corp 6, AT&T Advantage Region Corp 8, AT&T Advantage Companion Dig, AT&T Advantage Region Corp 11, AT&T Advantage Plus $19.95, AT&T Advantage Plus $24.99, AT&T Advantage Plus $39.99, AT&T Advantage Plus $49.99, AT&T Advantage National I Digital, National Plan – D, AT&T Advantage Nat’l Account, AT&T Advantage Flex 50, and AT&T Advantage State Digital.
Lozano Settlement Class members who did not understand when they signed up for a One Rate-type plan with AT&T Wireless that calls made during one billing period may be charged as if made in another billing period (Out-of-Cycle Billing) and who timely submit a Claim Form that is approved may be eligible for one of the following settlement payments:
i. a check in the amount of $8.00; or
ii. an AT&T Phone Card for 250 minutes of state-to-state calling, subject to the terms and conditions provided at www.awssettlement.com/notice.php.
UCC Class Action Settlement
UCC Settlement Class members include residents of the United States or its territories and an AT&T Wireless customer who paid, and was not previously refunded or credited Universal Connectivity Charges between March 1, 1999 and the Effective Date of the UCC Settlement Agreement (the “UCC Settlement Class Period”). UCC Settlement Class members do not include any current or former employee, officer, director, agent, or legal representative of AT&T Wireless or AT&T Mobility and their affiliated entities; government agency; subscriber to any pre-paid rate plan; person with a Corporate B2B account; or person who had an outstanding balance due on his or her account with AT&T Wireless at the time that his or her AT&T Wireless service was terminated, unless such outstanding balance and all associated fees have been paid in full.
UCC Settlement Class members that timely submit an Approved Claim Form may receive a benefit in the form of a check in the amount of $7.00, if, among other things, they were not aware at the time they subscribed that the UCC would be charged and it would have made a difference to the UCC Settlement Class member had they known about the UCC at the time they subscribed.
The Court is scheduled to hold a settlement Fairness Hearing on November 15, 2010, at 12:00 noon in Courtroom 5 of the United States District Court for the Central District of California, located at 312 N. Spring Street, Los Angeles, CA 90012. The Court will reportedly consider, among other things, whether the AT&T Wireless class action Settlements are fair, reasonable, and adequate and whether the class action Settlements should be approved.
For more information on the AT&T Wireless class action settlement and/or for updates on the settlements, call: 1-866-249-8109, write: AT&T Wireless Settlement, Claims Administrator, c/o The Garden City Group, Inc., P.O. Box 9482,Dublin, OH 43017-4582 or visit the AT&T Wireless Services Class Action AWS Settlement website:
www.awssettlement.com
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