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1. What is the third party content settlement? AT&T Mobility has reached a settlement of several lawsuits related to the sale, marketing and billing of third party mobile content to AT&T Mobility wireless telephone subscribers. Under the settlement, AT&T Mobility has agreed to refund the amount of all eligible third party mobile content charges that were billed for between January 1, 2004 and May 30, 2008. AT&T has also agreed to take steps to inform its customers about mobile content, the ability to restrict its purchase through parental controls, and methods for its customers to dispute unauthorized charges and cancel mobile content subscriptions. 2. What is third party mobile content? Third party mobile content is mobile content (like ringtones, games, graphics and wallpapers) sold by third party providers directly to AT&T Mobility wireless customers and is charged to their wireless bill. The Settlement excludes mobile content sold through the AT&T Media Mall or directly by AT&T Mobility to such account holders. 3. What is a third party content provider/merchant subscription? Third party content provider or merchant means entities other than AT&T Mobility who advertise, aggregate billing for, offer and/or sell third party mobile content, including third party mobile content subscription, directly to AT&T Mobility?s wireless customers as well as their marketing agents and/or licensors, and include VeriSign, M-Qube, Jamster International SARL, and Mblox. Providers who sell mobile content on or through AT&T Mobility?s Media Mall are not thereby third party providers for the purposes of such sales. 4. Why is AT&T Mobility providing a refund? Plaintiffs claim that Defendants charged AT&T Mobility subscribers for third party mobile content that was not authorized. 5. How will customers be notified of the settlement? A paper bill insert notice shall be provided to current direct bill wireless account holders who receive bills by paper and an electronic bill insert notice shall be provided to account holders who receive bills electronically. The mailing of the bill insert notice will be completed within 120 days of May 30, 2008. 6.Who is eligible to participate in the settlement? To be eligible to participate in the settlement you must be a person (or entity) in the United States or its Territories with an AT&T Mobility (previously known as Cingular Wireless) account who was billed for third party mobile content from January 1, 2004 to May 30, 2008 and was not previously refunded for this charge. In order to receive a refund, you must also file a timely and valid claim. To receive any refund you must properly submit a claim form by going to www.ThirdPartyContentRefund.com. If you do not have access to the internet, you may obtain a claim form by downloading and printing it out or by calling the toll-free number and requesting a copy from the Claims Administrator; you must then mail the completed paper claim form to the Claims Administrator. All Claim Forms must be postmarked (paper) or submitted (online) within 90 days after final approval and judgment. This date is expected to be March 9, 2009, which is 90 days after the Fairness Hearing on December 8, 2008. If you fail to get your claim in by this date, your claim will be rejected. 8. What happens after I file a claim? If your claim is approved, the Claims Administrator will mail you a cash refund check via first-class mail or AT&T Mobility will credit the proper amount to your account. 9. Can I exclude myself from the Settlement? This deadline has passed. If you do not wish to be a member of the Settlement Class, you may exclude yourself by writing to the Claims Administrator. You must provide your full name and address, state that you want to opt out of the AT&T Mobility settlement, and deliver your request to the Claims Administrator, at P.O. Box 509, Minneapolis, MN 55440-0509. Your request must be postmarked no later than November 3, 2008. 10. Can I object to the Settlement? If you remain a member of the Settlement class you or your counsel have the right to appear before the Court and object to the Settlement. However, you must file a Notice of Intention to Appear and Object. All objections must be filed by January 5, 2009. You must (1) provide your full name and address; (2) include all arguments, citations, and evidence supporting your objection; (3) specify who, if anyone, will attend the hearing to speak for your objection; (4) deliver your objection to the Claims Administrator to the address listed above; and (5) file a copy of your objection with the Clerk of Court. You do not need to take any action. If you do nothing, you will not receive a credit or refund under this settlement, but you will still be bound by all orders and judgments of the Court and your claims against AT&T Mobility and other entities, including VeriSign, Inc., M-Qube, Inc., Jamster International SARL, and Mblox, Inc., for the conduct alleged in these actions will be resolved and released. 12. When must I submit my claim? All claims must be submitted within 90 days after final approval and judgment. This date is expected to be March 9, 2009, which is 90 days after the Fairness Hearing on December 8, 2008. If you fail to get your claim in by this date, your claim will be rejected. 13. Where can I get a claim form? You may download a claim form at www.ThirdPartyContentRefund.com, or you may obtain a claim form by dialing (877) 465-4797 or writing to the Claims Administrator at P.O. Box 509, Minneapolis, MN 55440-0509. 14. Can I complete a claim form online? Yes, you may complete a claim form online. 15. Do I need to include any documentation with my claim? You do not need documentation to file a claim. After your claim is submitted, however, the Claims Administrator may contact you to request documentation once we begin processing your claim. 16. What do I do if I have more than one claim under separate accounts and/or wireless number? You must submit separate claims for each unique account. Multiple claims can be made under one account if it includes more than one phone number for which you are making a claim. 17. Does the settlement cover one-time item purchases from third party content providers/merchants? Yes, the settlement covers both unauthorized one-time item purchases and unauthorized subscriptions purchased from third party content providers/merchants.
18. Is there a limit to the amount I can recover? If an unauthorized charge was recurring on a monthly or other basis based on a subscription or similar arrangement, you may only recover up to three times the amount of any such monthly charge.
19. When will I get my credit or refund? Credits or refunds of approved claims will be paid within 90 days of submitting the claim to the Claims Administrator.
20. Will I be notified if my claim is denied? You will be notified in writing if your claim is denied and you will be provided with a reason for the denial. You will also have 30 days upon receiving written notice of the denial to provide detailed written explanation as to why you believe the denial is an error.
21. When will the Court Consider the Proposed Settlement? The Court will hold a Fairness Hearing to determine if the proposed Settlement is fair, reasonable and adequate and to consider a motion for attorneys? fees and expenses on December 8, 2008 at 10:00 a.m. in Courtroom 9J, Superior Court of Georgia, Fulton County, Fulton County Courthouse, 136 Pryor Street, SW, Atlanta, GA 30303. If comments or objections have been received, the Court will consider them at this time.
22. Can I block or restrict third party content purchases from my phone? Mobile content purchases can be restricted by use of parental controls or similar features available from AT&T. Go to wireless.att.com
23. Where can I get additional information?
You may obtain additional information by calling (877) 465-4797 or through e-mail at ClaimsAdministrator@ThirdPartyContentRefund.com or through the mail at P.O. Box 509, Minneapolis, MN 55440-0509. Please include the case name and number, and your name and your current return address on any letters you send to the Claims Administrator.
Claims may be audited and AT&T has the right to challenge any claims. Individuals or companies that file false or fraudulent claims are subject to prosecution to the fullest extent of the law.
25. How can I get copies of my older wireless bills? AT&T provides the last 18 months of wireless bills through the “AT&T MyWireless Account” available on the AT&T site www.wireless.att.com. If the wireless bills you need to view are older than 18 months and you believe that you were charged for unauthorized third party mobile content, please submit a claim form with as much information as you can and it will be checked against AT&T Mobility's records.
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Third Party Content Refund Settlement