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If You Were Billed For Third Party Mobile Content (such as Ringtones, Games, Graphics, News and Other Alerts)
On Your AT&T Mobility Account From January 1, 2004 to May 30, 2008
You May Receive a Credit or Refund From a Class Action Lawsuit.
The settlement of a lawsuit relating to the improper billing of third party mobile content such as ringtones and news alerts to AT&T wireless telephone subscribers has been preliminarily approved. The case name is Tracie McFerren v. AT&T Mobility LLC, Case No. 08-CV-151322. The case is pending in the Superior Court of Fulton County, Georgia.
Plaintiffs claim that Defendants charged AT&T Mobility (previously known as Cingular Wireless) subscribers for third party mobile content that was "crammed" or not authorized. The Defendants deny these claims, but are settling to avoid the burden and cost of continuing the case.
Third party mobile content is a product (such as ringtones, games, graphics and news or other alerts) that may be purchased and downloaded to your wireless device and that is sold directly by a third party content provider/merchant other than AT&T Mobility. Third party mobile content is not advertised, marketed or directly sold by AT&T Mobility LLC ("AT&T Mobility").
You are a member of the Settlement Class and your rights are affected if you are a person (or entity) in the United States or its Territories with an AT&T Mobility account who was billed for third party mobile content from January 1, 2004 to May 30, 2008 and you have not already been refunded for the charge.
To receive a refund, you must submit an on-line claim form or download and print a paper claim form to complete and mail to the Claims Administrator.
The Settlement provides for refunds to Settlement Class Members upon timely submission of a valid claim. You also have other options under the proposed Settlement as summarized below. Please read the Notice of Pendency of Class Action Settlement carefully to determine if you are a Settlement Class Member and your rights and options under the proposed Settlement.
For complete information, you may also refer to the Settlement Agreement.
Your Legal Rights And Options In The Proposed Settlement
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You
May
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Due
Date
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Stay in the Class:
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Submit a Claim Form
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The only way to get a payment.
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Either
the on-line form must be submitted or the paper form must be postmarked to the Claims
Administrator within 90 days after final approval and judgment, which is expected
to be March 9, 2009 (90 days after the final approval hearing currently scheduled
for December 8, 2008) or your claim will be rejected.
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Object
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Write to the Court about why you don?t like
the proposed Settlement.
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Your Objection must be in writing and filed with the Court by
November 3, 2008.
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Go to the Hearing
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You or your counsel have the
right to appear before the Court and object to the Settlement.
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You must file a Notice of Intention to Appear
and Object with the Court by November 3, 2008.
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Do Nothing
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If you do nothing, you get no payment. You give up your right to be part of any
other lawsuit against the Defendants based on the legal claims in the lawsuit.
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Exclude Yourself:
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If you exclude yourself, you get no payment. This is the only option that allows you
to bring your own lawsuit against the Defendants based on the legal claims in the
lawsuit.
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Your exclusion request must be in writing and
postmarked
to the Claims Administrator no later than November
3, 2008.
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Please do not contact the Court Clerk or the Defendant's Attorneys as they are not in a position to give you any advice about this Settlement.
Questions? Call 1-877-465-4797
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