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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.
UPDATES:
The Fairness Hearing originally scheduled for December 8, 2008 has been postponed.
A new date has not yet been scheduled. Please note that this affects the claim form
deadline, which is to be 90 days from the date of final approval and judgment. The
old claim form deadline of March 9, 2009 was approximated based on the old hearing
date, which is no longer valid. Once a new hearing date is confirmed, a new claim
form deadline will also be established. Claims submitted in the meantime will continue
to be validated and refunds processed. Please check back for additional updates
once these dates are announced.
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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, or your claim will
be rejected. A hearing date is currently pending. Please continue to check this Website
for updates on the scheduled date for the Fairness Hearing and the claim form deadline.
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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
January 5, 2009. This deadline has passed.
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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 January 5, 2009.
This deadline has passed.
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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. This deadline has passed.
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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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