If you lost data or were unable to access data services on your Sidekick device as a result of a service outage that began on October 2, 2009, 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 Danger Inc. (“Danger”), Microsoft Corporation (“Microsoft”) and T-Mobile USA Inc. (“T-Mobile”) (collectively “Defendants”) in the United States District Court for the Northern District of California (styled In re T-Mobile Sidekick Litigation, Class Action Case No. 09-04854 JW) alleging, among other things, that beginning on October 2, 2009, Sidekick users were unable to access stored data (contacts, calendar, notes, to-do lists, and some photos) with their Sidekick devices or use the Sidekick’s data services and that Danger, Microsoft (Danger’s parent company), and T-Mobile were purportedly responsible for the lost data and service disruption as a result of their alleged failure to adequately provide service and/or maintain the personal data of Sidekick users, according to the Microsoft, Danger & T-Mobile Sidekick class action lawsuit lost data settlement notice and service interruption settlement notice.
The Microsoft, Danger & T-Mobile Sidekick class action lawsuit settlement class reportedly includes the following persons, unless otherwise excluded:
All persons and entities in the United States whose Sidekick phones, beginning October 2, 2009, experienced an interruption of certain data services.
The Microsoft, Danger & T-Mobile Sidekick lost data and service disruption class action settlement reportedly provides that:
- Danger, T-Mobile, and Microsoft will make available, during a Customer Appreciation Week (scheduled to occur from February 14 to February 20, 2011), up to twelve free items for download from the Sidekick Download Catalog at no expense to class members, which twelve items will include (a) an alarm clock, (b) a Pac-Man game, (c) three animated screen savers selected by Defendants, (d) two themes selected by Defendants, (e) four ringtones selected by Defendants, and (f) one background selected by Defendants.
- Danger will reportedly describe in writing to Class Counsel its current Sidekick data backup systems and procedures, and Class Counsel will retain a technical expert to review them for reasonableness.
- Class Counsel will question a Danger representative under oath about its current backup systems and procedures, the number of subscribers the service interruption affected, and the data restoration measures available to them.
- Danger, Microsoft, and T-Mobile will pay agreed litigation costs, including the costs of giving notice to the class, administering the settlement, Court-approved incentive awards to the five Plaintiffs, and a Court-approved award of attorneys’ fees and expenses to Class Counsel up to certain amounts.
- Certain class members who lost data permanently, or temporarily lost access to data, may submit a claim form for a $35 T-Mobile gift card or a $17.50 payment by check.
On March 28, 2011, at 9:00 a.m., Judge Ware will reportedly hold a class action settlement hearing on the fairness of the Microsoft, Danger & T-Mobile Sidekick settlement and whether it should be approved. The Microsoft, Danger & T-Mobile Sidekick class action settlement hearing is scheduled to be held in Courtroom 8 of the United States District Court for the Northern District of California, 280 South 1st Street, San Jose, California 95113.
For more information about the Microsoft, Danger & T-Mobile Sidekick lost data and service disruption class action lawsuit settlement, including information about how to participate in, be excluded from (or opt out of) or comment on or object to the Microsoft, Danger & T-Mobile Sidekick class action settlement, visit the Microsoft, Danger & T-Mobile Sidekick class action settlement website:
www.sidekicksettlement.com
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