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AT&T Moves Away From Unlimited-Data Pricing - WSJ.com
I read this on Wall Street Journal...
AT&T Inc. is abandoning unlimited-pricing plans for new wireless subscribers to email and Internet services on smartphones, kicking off an important and long-awaited shift in how carriers bill their customers.
The change, which takes effect next week, could lower the cost of service for the vast majority of AT&T's users but potentially raise rates significantly for heavy data consumers.
With the move, AT&T's second price cut for wireless plans in six months, the company appears to be trading a hit to short-term revenue for greater control of its network and more power to price accordingly as wireless-data usage grows.
AT&T said Wednesday it will eliminate its $30 unlimited data plan for new smartphone subscribers starting June 7, when Apple Inc. is expected to announce its latest iPhone. The plan will be replaced by new offerings costing $15 an month for 200 megabytes of data traffic or $25 a month for 2 gigabytes. AT&T says 98% of its customers use less than those amounts. Users who exceed 2 gigabytes of usage will pay $10 a month for each additional gigabyte.
The new plans will lower the cost of an entry-level voice and data plan for smartphones by $15, to $54.99. Existing users will have the option of sticking with their current plans indefinitely, even if they switch phones, AT&T spokesman Mark Siegel said.
AT&T is also dropping the $30 unlimited-data option for new buyers of Apple's wireless-enabled iPad and replacing it with the $25 a month 2-gigabyte plan. IPad users currently paying for unlimited data will be able to keep doing so.
"The new plans appear well designed to reduce undue network stresses, as they will sweep AT&T's heaviest users into higher priced plans, or, perhaps more likely, will curtail their profligate usage," said Craig Moffett, an analyst at Sanford C. Bernstein.
Executives at AT&T and Verizon Wireless, a joint venture of Verizon Communications Inc. and Vodafone Group PLC, have said this year that consumers are going to have to start paying for the amount of data they use as devices become more sophisticated and traffic explodes.
The question now is whether other carriers will follow suit. A spokesman for Verizon Wireless declined to comment, but Verizon Wireless Chief Executive Lowell McAdam indicated in an interview with The Wall Street Journal last month that he, too, is looking at pricing based on use.
"The old model of one price plan per device is going to fall away," Mr. McAdam said, adding that he expects carriers to take an approach that targets a "bucket of megabytes."
Sprint Nextel Corp. wasn't immediately available to comment.
AT&T is scrambling to improve its network in New York and San Francisco, two cities where the crush of data use from the iPhone has hurt call quality. The company believes heavy data use by a small number of subscribers is hurting network quality. Ralph de la Vega, chief executive of AT&T's wireless and consumer units, has said 3% of the company's subscribers account for 40% of its data traffic.
The difficulties are a key concern for Apple, an important partner for AT&T, still the exclusive carrier for the iPhone in the Apple Chief Executive Steve Jobs, speaking at the All Things Digital conference Tuesday evening, said the carrier has made progress but has more to do.
"They're doing pretty good in some ways, and in others they could do better," Mr. Jobs said. "I wish they were improving faster... [but] I'm convinced that any other network, had you put the iPhone on it, would have had the same problems."
In January, AT&T and Verizon cut the price of their unlimited voice plans by 30% in part to pull more subscribers into data plans. Growing data revenue at AT&T has offset the erosion of voice plans. The company said the new data plans would only have a minor impact on revenue and said they don't affect its announced financial projections for the year.
Analyst Philip Cusick at Macquarie Securities says AT&T may see lower growth in data revenue in the short term as a result of the new changes, but will gain leverage over the heaviest data users, improving its ability to manage its network and charge for capacity. Tiered plans may also pull more customers into data plans, he said.
Separately, AT&T said it would allow iPhone users to use their devices as modems beginning June 7, a practice called tethering, for an extra $20 a month.
—Roger Cheng contributed to this article.
This is exactly why Tmobile is looking better and better to me. I don't want to have to worry about going over a limit of my usage
I hope all carriers don't jump on board this.. I'm planing on getting an Evo with Sprint and would be pissed of they did a bait and switch on me..
Wow I feel bad for all the people who bought ipad 3gs.
Talk about bait and switch, $10 a month over 2 gigs.
I did over 3 gigs (3.4ish) just a couple months ago on my HTC touch pro 2, so it seems I'm done with ATT.
Gives me a reason to finally switch to verizon anyway.
im glad the 10$ family data plan is still here
th3b055 said:
I hope all carriers don't jump on board this.. I'm planing on getting an Evo with Sprint and would be pissed of they did a bait and switch on me..
Click to expand...
Click to collapse
They can't.
If you're ALREADY in your contract on the previous plans they can't change them on you without your consent, if they do you get a instant out on your contract..but they wont. Just get's annoying because now if you want to add tethering after the 7th they WILL switch you to the new plans.
Heh with T-Mobile's "Unlimited Plan" (which I use) it's actually 10gb which isn't bad and I've only gone over it once because I was tethering and doing instant play on Netflix. This will probably move people from AT&T to dying Sprint because of this and Sprint is getting the Evo 4G.
ohwut said:
Just get's annoying because now if you want to add tethering after the 7th they WILL switch you to the new plans.
Click to expand...
Click to collapse
You're on XDA and you think you need to add tethering to your plan to tether?
/boggle
http://www.reddit.com/r/Android/comments/h04zw/fcc_opens_comment_period_for_att_takeover_of/" target="_blank
Looks like the FCC wants to listen to the public for once...
Thoughts?
I am a T-Mobile USA Customer. My contract ends right about the time when the merger should be complete. I personally have mixed thoughts about this merger, mainly because of how much AT&T charges for their plans. I am currently in one of the old 1500 minutes family plan + unlimited mobile to mobile + unlimited nights and weekends + unlimited data + unlimited messaging for $99.99 monthly (this plan doesnt exist anymore)
Honestly, as long as I get to keep my plans as it is and have access to the latest phones at a discounted rate like i am now, I'll be happy.
I can't wait for the merger to go through
The thread is a bit flaky here is the posting from the PDF:
I personally think we ALL NEED TO EMAIL AND MOBARD COMMENTS ABOUT THIS TO THE FCC !!!
IF not then we get what we get---
Here is the public notice:
PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, S.W.
WASHINGTON, D.C. 20554 DA 11-799
News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov
Released: April 28, 2011
AT&T INC. AND DEUTSCHE TELEKOM AG SEEK FCC CONSENT TO THE TRANSFER OF
CONTROL OF THE LICENSES AND AUTHORIZATIONS HELD BY T-MOBILE USA, INC.
AND ITS SUBSIDIARIES TO AT&T INC.
WT Docket No. 11-65
PLEADING CYCLE ESTABLISHED
Petitions To Deny Due: May 31, 2011
Oppositions Due: June 10, 2011
Replies Due: June 20, 2011
I. INTRODUCTION
AT&T Inc. (“AT&T”) and Deutsche Telekom AG (“Deutsche Telekom”) have filed applications
pursuant to sections 214 and 310(d) of the Communications Act of 1934, as amended,1 seeking
Commission consent to the transfer of control of the licenses and authorizations held by T-Mobile USA,
Inc. (“T-Mobile USA”) and its wholly-owned, majority-owned, and controlled subsidiaries to AT&T
(AT&T, Deutsche Telekom, and T-Mobile USA are collectively referred to as the “Applicants”).
Specifically, AT&T has agreed to acquire from Deutsche Telekom all of the stock of T-Mobile USA,
subject to obtaining all necessary regulatory approvals.
II. SECTION 310(d) APPLICATIONS
Parts 22, 24, 27, and 101 – Wireless Radio Services Applications
The following applications for consent to the transfer of control of licenses held by certain
subsidiaries of T-Mobile USA from Deutsche Telekom to AT&T have been assigned the file numbers
listed below.
File No. Licensee Lead Call Sign
00046693832 T-Mobile License LLC KNLF202
0004673673 Cook Inlet GSM IV PCS Holdings, LLC KNLF504
0004673727 Powertel Memphis Licenses, Inc. KNLF255
0004673730 SunCom Wireless License Company, LLC KNKN557
0004673732 T-Mobile Puerto Rico LLC KNLF249
1 47 U.S.C. §§ 214, 310(d).
2 This application is the lead application for the wireless radio services.
2
File No. Licensee Lead Call Sign
0004673735 T-Mobile West Corporation KNLF227
0004673737 VoiceStream Pittsburgh, L.P. KNLF242
0004673739 WALLC License, LLC WPNL499
0004675960 CookInlet/VS GSM VII PCS, LLC WQCS389
0004703157 Iowa Wireless Services Holding Corporation KNLG769
Parts 24 and 27 – Wireless Radio Services Applications – De Facto Transfer and Spectrum
Manager Leasing Arrangements
The following applications for consent to the transfer of control of spectrum leasing arrangements
held by certain subsidiaries of T-Mobile USA from Deutsche Telekom to AT&T have been assigned the
file numbers listed below:
File No. Lessee Lead Lease ID
Number
6013CWSL11 T-Mobile License LLC L000008117
6014CWSL11 T-Mobile License LLC L000008120
6015ALSL11 Iowa Wireless Services Holding Corporation L000001014
6016CWSL11 Iowa Wireless Services Holding Corporation L000001109
0004698766 Iowa Wireless Services Holding Corporation L000007750
III. SECTION 214 AUTHORIZATIONS
The following application for consent to the transfer of control of international section 214
authorizations held by T-Mobile USA and certain of its subsidiaries from Deutsche Telekom to AT&T
have been assigned the file numbers listed below.
File No. Authorization Holder Authorization Number
ITC-T/C-20110421-00109 Iowa Wireless Services Holding
Corporation
ITC-214-20020513-00251
ITC-T/C-20110421-00110 T-Mobile Puerto Rico LLC ITC-214-20070626-00246
ITC-T/C-20110421-00111 T-Mobile USA, Inc. ITC-214-20061004-00452
ITC-T/C-20110421-00112 T-Mobile USA, Inc. ITC-214-19960930-00473
IV. EX PARTE STATUS OF THIS PROCEEDING
Pursuant to section 1.1200(a) of the Commission’s rules,3 the Commission may adopt modified or
more stringent ex parte procedures in particular proceedings if the public interest so requires.4 We have
3 47 C.F.R. § 1.1200(a).
4 On February 1, 2011, the Commission adopted a Report and Order amending and revising the Commission’s rules
on ex parte presentations. Amendment of the Commission’s Ex Parte Rules and Other Procedural Rules, GC
Docket No. 10-43, Report and Order and Further Notice of Proposed Rulemaking, FCC 11-11 (rel. Feb. 2, 2011).
The revised rules are awaiting publication in the Federal Register, and are not yet effective.
3
previously announced that this proceeding will be governed by permit-but-disclose ex parte procedures
that are applicable to non-restricted proceedings under section 1.1206 of the Commission’s rules.5
Parties making oral ex parte presentations are directed to the Commission’s statement
reemphasizing the public’s responsibility in permit-but-disclose proceedings and are reminded that
memoranda summarizing the presentation must contain the presentation’s substance and not merely list the
subjects discussed.6 More than a one- or two-sentence description of the views and arguments presented is
generally required.7 Other rules pertaining to oral and written presentations are set forth in section
1.1206(b) as well.8 We urge parties to use the Electronic Comment Filing System (“ECFS”) to file ex
parte submissions.9
V. REQUESTS FOR EX PARTE MEETINGS
All requests for meetings with Commission staff regarding this Docket should be made online,
using the link at http://www.fcc.gov/transaction/att-tmobile_exparte-meeting-request/. Those
who lack Internet access may direct their requests to Morasha Younger, Spectrum and Competition
Policy Division, Wireless Telecommunications Bureau, 202.418.1203.
VI. GENERAL INFORMATION
The transfer of control applications referenced herein have been found, upon initial review, to be
acceptable for filing. The Commission reserves the right to return any application if, upon further
examination, it is determined to be defective and not in conformance with the Commission’s rules or
policies. Final action on these applications will not be taken earlier than thirty-one days following the
date of this Public Notice.10
Interested parties must file petitions to deny no later than May 31, 2011. Persons and entities that
file petitions to deny become parties to the proceeding. They may participate fully in the proceeding,
including seeking access to any confidential information that may be filed under a protective order,
seeking reconsideration of decisions, and filing appeals of a final decision to the courts. Oppositions to
such pleadings must be filed no later than June 10, 2011. Replies to such pleadings must be filed no later
than June 20, 2011. All filings concerning matters referenced in this Public Notice should refer to DA
11-799 and WT Docket No. 11-65, as well as the specific file numbers of the individual applications or
other matters to which the filings pertain.
To allow the Commission to consider fully all substantive issues regarding the Applications in
as timely and efficient a manner as possible, petitioners and commenters should raise all issues in
5 47 C.F.R. § 1.1206; see Commission Opens Docket for Proposed Transfer of Control of T-Mobile USA, Inc. and
Its Subsidiaries From Deutsche Telekom AG to AT&T Inc., WT Docket No. 11-65, Public Notice, DA 11-673 (rel.
Apr. 14, 2011); Commission Announces That the Applications Proposing the Transfer of Control of the Licenses
and Authorizations Held by T-Mobile USA, Inc. and Its Subsidiaries From Deutsche Telekom AG to AT&T Inc.
Have Been Filed and Permit-But-Disclose Ex Parte Procedures Now Apply, WT Docket No. 11-65, Public Notice,
DA 11-722 (rel. Apr. 22, 2011).
6 See Commission Emphasizes the Public’s Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15
FCC Rcd 19945 (2000).
7 See 47 C.F.R. § 1.1206(b)(2).
8 Id. § 1.1206(b).
9 See discussion infra Part VI.
10 See 47 U.S.C. § 309(b).
4
their initial filings. New issues may not be raised in responses or replies.11 A party or interested
person seeking to raise a new issue after the pleading cycle has closed must show good cause why it
was not possible for it to have raised the issue previously. Submissions after the pleading cycle has
closed that seek to raise new issues based on new facts or newly discovered facts should be filed
within 15 days after such facts are discovered. Absent such a showing of good cause, any issues not
timely raised may be disregarded by the Commission.
Under the Commission’s current procedures for the submission of filings and other documents,12
submissions in this matter may be filed electronically (i.e., through ECFS) or by hand delivery to the
Commission.
· If filed by ECFS,13 comments shall be sent as an electronic file via the Internet to
http://www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, commenters should
include their full name, U.S. Postal Service mailing address, and the applicable docket number.
Parties may also submit an electronic comment by Internet e-mail.
· If filed by paper, the original and four copies of each filing must be filed by hand or messenger
delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be
delivered to FCC Headquarters at 445 12th Street, S.W., Room TW-A325, Washington, D.C.
20554. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be disposed of before entering
the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S.
Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, S.W.,
Washington, D.C. 20554. All filings must be addressed to the Commission’s Secretary, Office of
the Secretary, Federal Communications Commission.
One copy of each pleading must be delivered electronically, by e-mail or facsimile, or if delivered
as paper copy, by hand or messenger delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (according to the procedures set forth above for paper filings), to:
(1) the Commission’s duplicating contractor, Best Copy and Printing, Inc., at [email protected] or
(202) 488-5563 (facsimile); (2) Kathy Harris, Mobility Division, Wireless Telecommunications Bureau
(WTB), at [email protected] or (202) 418-7447 (facsimile); (3) Kate Matraves, Spectrum and
Competition Policy Division, WTB, at [email protected] or (202) 418-7447 (facsimile);
(4) Jim Bird, Office of General Counsel, at [email protected] or (202) 418-1234 (facsimile); and
(5) David Krech, Policy Division, International Bureau, at [email protected] or (202) 418-2824
(facsimile). Any submission that is e-mailed to Best Copy and Printing, Kathy Harris, Kate Matraves, Jim
Bird, and David Krech should include in the subject line of the e-mail: (1) WT Docket No. 11-65; (2) the
name of the submitting party; and (3) a brief description or title identifying the type of document being
submitted (e.g., WT Docket No. 11-65, Widget Corp., Notice of Ex Parte Communication).
Copies of the application and any subsequently-filed documents in this matter may be obtained
from Best Copy and Printing, Inc. in person at 445 12th Street, S.W., Room CY-B402, Washington, D.C.
20554, via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or via e-mail at
11 See 47 C.F.R. §1.45(c).
12 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
13 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
5
[email protected]. The application and any associated documents are also available for public
inspection and copying during normal reference room hours at the following Commission office: FCC
Reference Information Center, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554. The
application is also available electronically through ECFS, which may be accessed on the Commission’s
Internet website at http://www.fcc.gov. In addition, the applications are available electronically through
ULS, which may be accessed on the Commission’s Internet website. Additional information regarding
the proposed transaction will be available on the FCC’s Office of General Counsel’s AT&T/T-Mobile
website, http://www.fcc.gov/transaction/att-tmobile.html, which will contain an unofficial listing and
electronic copies of materials in this matter.
To request materials in accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an e-mail to [email protected] or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). Contact the FCC to request
reasonable accommodations for filing comments (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: [email protected]; phone: (202) 418-0530; or TTY: (202) 418-0432.
For further information, send an email to AT&[email protected]
-FCC
I've been a T-Mobile customer for seven or eight years now and have never regretted a moment of it. These people have always gone above and beyond to make me feel like I was worth something to them as a customer and a person. I haven't had to contact them often, but when I did, I always knew I would hang up the phone with a smile on my face. T-Mobile US has one of the best customer service departments in the world in terms of customer satisfaction. If I were planning to commit suicide, I would probably call T-Mobile, since I know they would be able to talk me down.
On the flip side of this is AT&T, with whom I've had some of the worst customer service and just service in general in all of my life. I started out with my first cellular device through Cingular Wireless. I wouldn't say they were the best service (they were far from it), but most of my friends and family were on the network and it was in the early days of the talk for free within the network deals. AT&T came along a few years later and ruined any creditability Cingular Wireless had provided me. When the networks in my area finally were updated to EDGE through AT&T, I immediately began having problems with dropped calls and spastic data rates. Calling to complain about this service garnered me a generic response from them along the lines of "What do you want me to do about it?" The customer should not be the one who suggests that the cellular connection to the tower needs to be reset.
After a full year of waiting out my contract and the remainder of my patience with them, I began searching for an alternative solution. I narrowed down my list to All-Tel and T-Mobile for their outstanding customer service. T-Mobile won me over, since, at the time, I was using my HP iPAQ hw6945 (HTC Sable), and needed a GSM network. Since that day, I have constantly raved about their phenomenal customer service, support and network speed. I was also blown away by their astonishingly competitive pricing.
I am currently paying the same $50 for service that I was when I signed up initially. I have a plan consisting of 1000 minutes a month (I can't think of a time when I would ever need more than that), unlimited text, and unlimited data ($30+$10+$10). This data plan also includes tethering for free. I haven't been under a contract with them since the first year I was with them, as it was required. I have never been hassled about updating my terms of service, or anything of the sort. It has been one completely happy ride other than the spotty 3G coverage which has been growing rapidly.
With all of this considered, I must say that I am completely shocked and appalled that the company is being sold off to the only other GSM network in the country with a national footprint: AT&T. Though the transaction isn't completely finalized yet, I see no reason why the FCC would oppose this as they also let Verizon's "Net Neutrality" rules pass, even though they were completely one-sided.
Other than customer service from AT&T (or lack thereof, rather), this also presents yet another problem for the customers of T-Mobile: 4G. We will now be set to move into AT&T's field of using LTE instead of HSPA+ or WiMax for our 4G coverage. For those of you who don't already know, LTE is not the happy trail to the Internet you may think.
The LTE standard was designed with carriers in mind, not consumers. This means that the format allows carriers to control the content they show you. You will begin seeing tiered data plans with access to partial content coming as soon as the networks expand. For example, if you decide to get the cheapest data plan, you will not only be limited in maximum data caps, but also certain things like YouTube may be filtered out of your service because you would have to pay extra for it. AT&T and Verizon have already come out and said that this will happen with services like Skype and YouTube. WiMax does not allow any of this as it was intended to be an open format set up with end users in mind. HSPA+ simply doesn't support the concept.
Am I the only one concerned here? I think if this does go through, I'll be booking it over the Sprint. I am not fond of CDMA networks, but it's FAR better than the alternative.
Sources:
Lots of good LTE vs. WiMax links in this thread
AT&T/T-Mobile US acquisition details
Sprint welcomes you wimax all the way unless u live in a basement then ur screwed
Sent from my SPH-D700 using XDA Premium App
I have been a T-Mobile customer since the release of the Samsung Vibrant (so about 7 months or so). I have gone from that device to the G2 to the Mytouch 4G and now own a Nexus S, while not on contract, I still enjoy T-Mobile, the price is great and I do not need a contract. AT&T is promising that no one with a contract will have to change their contract, but what about me? I am one of those people that dislike a long term commitment, especially since I cannot see myself using a device longer than a year. I also cannot afford to be tied to a contract, I enjoy the service it's fast and very reliable. AT&T would make me either get a 2 year contract or take a hike, which is ridiculous. The idea that every single T-Mobile subscriber will go to AT&T and form THE biggest number of subscribers is ludicrous. I doubt people will be willing to pay the price that AT&T has for this "super network" mostly due to the fact that their service is downright dreadful, and extremely expensive, plus the majority, if not all devices that T-Mobile users own... most likely are not going to be compatible with the new Network, meaning we will also need new devices.
In all I think this shouldn't happen, it would also be unfair to the competition and to me and several other people, who rely on this great, cost friendly service. I hope this doesn't happen because if this does, I seriously don't know which network to turn to, their prices are just that great.
This deal to me, who is a tmobile usa customer is some BS. First of all if this deal goes through, and I am forced by AT&T to upgrade b/c tmobile cell towers are turned off or changed to a different frequency, i will be screwed b/c there is no way in hell i would be able to pay for an at&t plan or even worst will be forced to stay with my current phone but probably only receive edge signal instead of 3g/4g signal. The whole reason i left Verizon and went to Tmobile is b/c its significantly cheaper than Verizon and also cheaper than AT&T and the service is good.
Second AT&T claims that this merger will stimulate the economy but how would it when tmobile employees will be layed off b/c a lot of employees at tmobile will have the same jobs as AT&T employees, so instead of AT&T paying 2 people to do 1 job, they will most likely lay off the Tmobile employees. how is laying off employees going to stimulate and help grow economy in USA.
Third if the FCC allow this deal to go through then we in the USA will be left with one GSM carrier, forming a monopoly in the GSM field in the USA, so that means AT&T will be able to up the price of plans, phones and etc., b/c they are the only GSM carrier left and for all of us who only won't GSM phones we will be screwed b/c we won't have any other option but to pay what AT&T says b/c they have a monopoly. Also I think the FCC should take into account that the reason why phone prices/plans are the way they are is b/c there are 4 major carriers, by reducing it to 3, that means less competition, and when there is less competition the customers feel the pain of that. I don't think they want to force people to decide which to choose between "Food" or "having a cellphone" b/c as it is, our economy here in the States is in harsh times, people are losing jobs and for the people who have jobs, wages aren't going up, so if a cell phone company raises prices, then people will be screwed b/c of this harsh economy and will be forced to have to make cut backs to save money and one of those just might be having a cell phone.
I hope FCC that no one but at&t will benefit from this deal and not consumers.
For anyone that wants to read an article that looks at it from both points of view check this link out: http://thisismynext.com/2011/04/26/att-t-mobile-usa-case-merger/
the person who wrote article, wrote it beautifully and looks at a lot of details about the merger.
just posed to stop merger
I switched to T-Mo to get away from att, their expensive plans and bad service (customer service and radio reception).
Too bad the form needs you to identify yourself publicly.
NOTE: The filing you are making is a public filing.
Any information that you submit will be available to the general public.
Click to expand...
Click to collapse
I have been with AT&T since Novemeber 3, 1995 when I bought my first phone at Best Buy. I still have the receipt. I was still in college at the time. Back then customer service was very good. You could switch your plan any month with no contract extensions. You could get a discount on a phone every year. And your contract was only 1 year with each phone purchase.
Then cingular came. I had heard of rollover minutes and was excited to have them. Then, after accumulating about 8000 rollover minutes I wanted to lower my plan, since I obvously was paying for more than I needed. Cingular wanted me to extend my contract for 2 years, and lose almost all of my rollover minutes. Instead, I kept my existing plan and filed a complaint at bbb.org. Then cingular contacted me. They ended up letting me lower my plan and keep all the rollover minutes and I did not need to extend my contract. But, I should not have needed to do this. Cingular support was horrible.
I had stuck with them, because I like my phone number. Now there is number portability, so this is not an issue.
Since then Cingular became AT&T again. AT&T coverage used to always be the best in some areas that I would vacation and was great where I lived. I have been considering switching to T-Mobile for a long time, but I get bored with my phone and ugrade after 18 months, which extends my contact for 2 years. Now the fees to break the contract early are $350, minus $10 for every month you are with them, with a sudden drop to $0 after 2 full years. This is alot more than it used to be.
I am locked with AT&T for a little more than a year. They no longer have an unlimited data plan, unless you are grandfathered in. There is now only a $10 text message plan or pay as you go. Not sure why they can't just count a text as 1 minute, or even 2 minutes. Not that any carrier does that, but effectively the prepaid plans give you that.
I had not cared much about my bill for the last 3 years, because I have been able to expense it to work and get reimbursed. That is potentially changing. If not for the pending merger, I would consider paying to prematurely cancel and switch to AT&T. I never understood why carriers didn't offer to pay the cancellation fee to get new users and bill something monthly or tack it onto the new cancelation fee or require more time based on the amount paid.
Not having competition is only going to give AT&T no reason to lower their prices or work harder for the consumers.
But this merger will not stimulate or hurt the economy. No one will not have a cell phone as a result of this. Paying 2 people to do the same thing makes no sense. Employing someone simply for the sake of giving someone a job does not help the economy or anyone in the long term. It just creates complacency. The stimulating factor is that if the person let go has talent, then that talent will eventually be consumed by another company in potentially a whole new industry that does not exist. It really sucks to be that person initially though. If call centers were already operating at full capacity, then they will still need the full amount of staff. In malls, there will be just 1 store instead of 2. Landlords will be collecting less rent. Total tower usage is not going to go down. So, the same number of workers to maintain them will be needed. I suspect towers will be outfitted to handle all frequencies of AT&T and T-Mobile, so this will require additional workers. It is really going to just be a shifting around of who has a job and who doesn't, but the net will be virtually no change.
In the end though consumer choice is really being hurt. I am normally all about the free market taking care of itself, but we know this does not work in monopoly or near monopoly situations.
Because this will hurt consumers and it effectively becomes a monopoly, I am against this merger.
Im a jobless man, have a three year old phone (though Im a tech-loving guy and desperately want to upgrade my device) and use internet (google voice and skype) for making calls. However I needed a phone number to put on my job application forms and to recieve calls from the employers. I couldnt afford the post-paid packages of any network so I thought about prepaid. After alot of research, I found that T-mobile has the most affordable prepaid package ($10 for 30 minutes valid for 3 months). So Im using this cheapest available plan now. Im really afraid that if I dont get a job and this great company is taken over by AT&T , what would happen to me and many others like me. Im married, have children and cant afford paying big phone bills. GOD help us.
PixoNova said:
I can't wait for the merger to go through
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+1 ... I also am hoping it will happen. Canned T-Mobile and now am exclusively AT&T. AT&T needs the bandwidth to advance their 4G/LTE network. Let T-Mobile be gobbled up with ferocity!
Just posted stop the Merger!
MartyLK said:
+1 ... I also am hoping it will happen. Canned T-Mobile and now am exclusively AT&T. AT&T needs the bandwidth to advance their 4G/LTE network. Let T-Mobile be gobbled up with ferocity!
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the whole thing about bandwidth is a bunch of baloney, AT&T have so much spectrum through there last merger, that they are not using a lot of there bandwidth. The reason why they need tmobile is b/c tmobile spectrum/radio frequencies are mostly unified on similar frequencies, so it would be most cost effective and cheaper to just by tmobile and use there network which is more unified and change it into LTE rather than using there own AT&T network; whose network refrequencies are not unified.
For AT&T to actual go LTE without using Tmobile network they would have to first unify there radio frequency then go LTE which would cost them to much money.
I am against this merger, "ma bell" is trying to buy her way to recreate the "empire"
their symbol looks like the death star for a reason
If the merge happens then that means htc sensation will be available for at&t??? If so, I cant wait for the merge to happen. Yipppeeeekayay!
mjmonsada said:
If the merge happens then that means htc sensation will be available for at&t??? If so, I cant wait for the merge to happen. Yipppeeeekayay!
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you forgot the MF
im against the "merger". att has plenty of bandwith and i dont think people with tmobile want to go from good customer service to none at all. im just glad i have verizon with a real 4g lte network and not att's 4g (which is just hspa). if anyone on tmobile is considering switching carriers, well ill just give you a glimpse into what verizons 4g is like
m356f1 said:
im against the "merger". att has plenty of bandwith and i dont think people with tmobile want to go from good customer service to none at all. im just glad i have verizon with a real 4g lte network and not att's 4g (which is just hspa). if anyone on tmobile is considering switching carriers, well ill just give you a glimpse into what verizons 4g is like
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That speed was amazing but to be fair, we won't know if Verizon LTE will remain as fast as it is now, until they have more people on LTE using there network, then lets see how fast there speeds are.
T-Mobile.com Manage Your Account Support
Important Notice about Domestic Data Use While Off the T-Mobile Network
Beginning on April 5, 2012 there will be a limit on the amount of data that can be used while a T-Mobile customer's device is connected to another provider's network ("off network" or "domestic romaing"). Customers that are domestically roaming will receive free text message usage alerts for data. If the roaming data limit is exceeded for a Rate Plan, then data service will be suspended from off-network roaming until the start of the next bill cycle or a qualifying change is made to the Rate Plan. This will not impact: (1) voice usage, and (2) data usage on the T-Mobile network.
To determine domestic roaming areas, see the T-Mobile data coverage map by visiting www.T-Mobile.com/Coverage. The domestic roaming data allowance for each Rate Plan is outlined in the chart below. To use this chart, review the Current Rate Plan Full Speed Data Allotment column to identify the megabytes (MB) or gigabytes (GB) included in your Rate Plan, and then see the domestic roaming data usage limit that applies on the right. The megabytes of gigabytes for a Rate Plan can often be found by reviewing the Available Service section on page 1 of the bill (ex: Classic Simple 200MB Data Promo) or by dialing #WEB# send from your mobile phone.
Current Rate Plan Full Speed Data Allotment New Domestic Off Network (Romaing) Data Limit
1MB to 199MB 5MB
200MB to 1.99GB 10MB
2GB to 4.99GB 50MB
5GB to 9.99GB 100MB
10GB and above 200MB
Mobile Web Pay Per Use 10MB
Off-network data use may occur even when you are within the T-Mobile coverage area. See T-Mobile.com for directions on how to update device settings to avoid domestic roaming and for more information about this notice. Review Sections 3-5 of T-Mobile's Terms and Conditions available at T-Mobile.com for information on your rights (which may include early service cancellation) as a T-Mobile customer. Please retain a copy of this notice for your records. © 2012 T-Mobile USA, Inc.
©2002-2012 T-Mobile USA, Inc. | Terms of Use | Terms & Conditions | Return Policy | Privacy Policy
I just got this email.
I do not accept the terms of this change to my contract.
I will be voicing my problem with this with t-mobile on monday morning.
I enrolled in this plan with them specifically for data and do not use voice or text, and am frequently out of t-mobile tower range.
This is a breach of contract and I expect I will need to talk to a lawyer, looks like my contract with them for service has been voided. I have no doubt that they will try to charge me a termination fee, and I also have no doubt I will see them in court.
Lets hope it doesn't come to that.
Blue6IX said:
I just got this email.
I do not accept the terms of this change to my contract.
I will be voicing my problem with this with t-mobile on monday morning.
I enrolled in this plan with them specifically for data and do not use voice or text, and am frequently out of t-mobile tower range.
This is a breach of contract and I expect I will need to talk to a lawyer, looks like my contract with them for service has been voided. I have no doubt that they will try to charge me a termination fee, and I also have no doubt I will see them in court.
Lets hope it doesn't come to that.
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All you have to do is basically make them aware you know its breech of contract and tell them to let you off contract etf free because of that
Sent from my HTC Sensation XE with Beats Audio using Tapatalk
Blue6IX said:
I just got this email.
I do not accept the terms of this change to my contract.
I will be voicing my problem with this with t-mobile on monday morning.
I enrolled in this plan with them specifically for data and do not use voice or text, and am frequently out of t-mobile tower range.
This is a breach of contract and I expect I will need to talk to a lawyer, looks like my contract with them for service has been voided. I have no doubt that they will try to charge me a termination fee, and I also have no doubt I will see them in court.
Lets hope it doesn't come to that.
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let us know what happens im sure i will be calling after you do on Monday, oh id use a call recorder app just to be on the safe side for your end you never know when you might need part of the conversation you have with one of them.......hey they do it to us why not reverse it on them. It just seems like they just keep making their loyal customers want to leave from all these sneaky moves. somebody does not know how to operate a company very well
strapped365 said:
All you have to do is basically make them aware you know its breech of contract and tell them to let you off contract etf free because of that
Sent from my HTC Sensation XE with Beats Audio using Tapatalk
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Yea, that's basically what I assume will happen - I was sold on it because of mobile data off-tower advantages.
Sent from my Bulletproof_Doubleshot using xda premium
any news on this? Anyone call ?
Sent from my HTC myTouch_4G_Slide using Tapatalk
I just woke up a little bit ago, and by the time I get my head about me it'll be too late to call today.
I have work at 7 a.m. tomorrow, so if I get done early enough i'll call then. I wok day and night shifts so sometimes it's hard for me to be available during business hours.
Customer care is open 24/7. I don't understand how it is ever to late to call.
I would love to get out of contract ETF free, I want to move to AT&T, that Galaxy Note is amazing, but AT&T sucks on stale nutsack.
I tried to cancel three times. No luck
Sent from my myTouch_4G_Slide using XDA App
sabeard said:
Customer care is open 24/7. I don't understand how it is ever to late to call.
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I have a half dozen issues to take up in the call beyond this, so I just figured i'd have to call during normal business hours to be able to interact with billing and retentions during the course of the call - wasn't aware they were available around the clock as i've tried before off-hours and was unable to get my issues resolved.
I definitely have to get this all resolved before this billing cycle is up because t-mo is trying to fleece me pretty good and i'm not impressed at all.
Any update on this?
Sent from my HTC myTouch_4G_Slide using xda premium
Can someone ex plane this in laymans terms please.
Sent from my SGH-T989 using xda premium
Madblaster6 said:
Can someone ex plane this in laymans terms please.
Sent from my SGH-T989 using xda premium
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Basically tmobile is changing how much data you are allowed to use while roaming. More like decrease it by cutting you off once you reach your limit. The amount you get depends on your current data plan. People are arguing that this is a breach of contract and are trying to get out of their contract ETF free so they can move to a provider who basically have better coverage which would mean no roaming data. Tmobile is playing hardball and letting some people out but not others based on past roaming behavior. Basically the new plan ducks
Sent from my myTouch_4G_Slide using XDA
smockonallama said:
Off-network data use may occur even when you are within the T-Mobile coverage area.
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How is this even possible. If you are in the tmobile coverage area...wouldn't you be connected to tmobile? Are they saying "oh sorry, the device you have (that we sold you) didn't pick up our signal, and it thought it was roaming, so pay us money for all the data you used."
Really!?
liht said:
How is this even possible. If you are in the tmobile coverage area...wouldn't you be connected to tmobile? Are they saying "oh sorry, the device you have (that we sold you) didn't pick up our signal, and it thought it was roaming, so pay us money for all the data you used."
Really!?
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UPDATE: Today - 15 March 2012 - at 1:27 I phoned T-Mobile {611} to talk about this new "Domestic Data Roaming" Plan and explained to them that I have been w/ T-Mobile for 12 years but that I am not happy that they have changed the existing plan and would like to opt out of the contract w/ out paying an ETF {Early Termination Fee} and this is what I was told:
"This plan will only affect 1% of T-Mobile customers. Through extensive research it was determined that YOU are not in that 1% and therefor you will not be effected at all."
I spoke w/ two different people - one just a regular customer service rep and secondly a lady w/ the T-Mobile Customer Loyalty Center. Both were nice, but both told me, essentially, the same thing.
My comeback to them was that they have only viewed past data usage and are not taking into account FUTURE data usage and explained that this summer I will be doing a lot of traveling, which I am, as I will be seeing several shows of Roger Waters - The Wall Live, and I feel that this may affect me at that time.
To them, this did not matter. I asked when my "30-day window" would close as in their own Term & Conditions, rule 6, it states:
6. Our Rights to Make Changes. This provision, which describes how changes may be made to your Agreement, is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME. YOU MAY CANCEL THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (if applicable) IF: (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR MONTHLY RECURRING CHARGE(S) (the amount you agreed to pay each month for voice, data and messaging, which does not include overage, pay-per-use or optional services (such as 411, or downloads), or taxes and fees); (B) WE MATERIALLY DECREASE THE SERVICE ALLOTMENTS WE AGREED TO PROVIDE TO YOU FOR YOUR MONTHLY RECURRING CHARGE; OR (C) WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU. WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS' NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY), AND YOU MUST NOTIFY US WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES.
The lady told me - and I quote - "There is no 30-day window for you since this plan will not have any effect on your account."
So, to summarize, they are claiming that 1% - I was even told twice that it's actually LESS than 1% - of their customer's will be affected by this new "Data Usage Change" and that they claim that they only looked at past data usage and did not take into account future usage and since I don't fall into that 1% or less category, I have NO RIGHT TO TERMINATE EARLY W/ OUT PAYING A PENALTY.
I thought I would share this as - to me - this seems like a load of horse crap. They have a contract that I agreed to - they are changing the contract and are changing it based on PAST DATA USAGE w/ NO consideration of future usage and also are adamant that I have no window to vacate the current contract.
Sorry for the lengthy response, but I feel this will be useful to some - or all - of you, and I am also curious about how they can "get away" w/ this crap of saying "since it doesn't affect you based on your past, there is nothing you can do to void the contract in the future."
Thanks for reading, I welcome any and all input.
PS: I know that this is in the My Touch 4G Slide forum and I have a Galaxy S-II, but when I Googled this "contract" stuff, this is what came up. If a MOD feels this should be moved, feel free to do so. I don't believe that a difference in phones will matter when it comes to "contracts" so I went ahead and posted it here. Forgive me if I have made an error.
InTheFlesh? said:
their own Term & Conditions, rule 6, it states:
6. Our Rights to Make Changes. This provision, which describes how changes may be made to your Agreement, is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME. YOU MAY CANCEL THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (if applicable) IF: (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR MONTHLY RECURRING CHARGE(S) (the amount you agreed to pay each month for voice, data and messaging, which does not include overage, pay-per-use or optional services (such as 411, or downloads), or taxes and fees); (B) WE MATERIALLY DECREASE THE SERVICE ALLOTMENTS WE AGREED TO PROVIDE TO YOU FOR YOUR MONTHLY RECURRING CHARGE; OR (C) WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU. WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS' NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY), AND YOU MUST NOTIFY US WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES.
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This right here is pretty much why contracts suck. You are stuck with what they give you and can't make your own contract.
That is what they told me too. BS if you ask me.
Sent from my myTouch_4G_Slide using XDA
The 2 magical words to get a rep to actually listen to you are SUE and BBB. Just state to them that you spoke with your lawer and that there is with no doubt a breach of contract, and if they don't sucomb and cancel without etf that you WILL press charges and sue. Believe me I've worked overseas for sprint customer service, and the only way we were allowed to get off our asses and escalate the call to our supervisers and/or managers is by hearing those 2 words, especially anything that had to do with courtrooms...
Sent from my HTC myTouch_4G_Slide using Tapatalk
I used BBB and Ftc threat. I actually did file a complaint on the FTC website. Didn't seem to matter to the rep.
Sent from my myTouch_4G_Slide using XDA
Hey I am a Samsung Galaxy S3 user so I assume this was the best place to put this.. I received this in my email saying that Verizon was being sued. My first though is fake but has anyone else get this. They probably deserve this with taking unlimited data away.. lol
The email read this.
Notice of Proposed Settlement of Class Action
United States Federal District Court for the Northern District of California
450 Golden Gate Avenue, San Francisco, CA 94102
IF YOU ARE OR WERE A SUBSCRIBER OF VERIZON WIRELESS AND YOU PAID A $5 LATE FEE ON AN OVERDUE BILL OR A $15 RECONNECT FEE, YOUR RIGHTS MAY BE AFFECTED
• Customers of Verizon Wireless have sued that company alleging that Verizon Wireless violated their rights under California law.
• The Court has allowed the lawsuit to be a class action on behalf of all California subscribers to Verizon Wireless with personal accounts who paid a flat $5 late fee charge between from June 12, 2003 to April 26, 2012, and/or who paid a $15 reconnect fee from December 1, 2004 to April 26, 2012.
• The Court has not decided whether the plaintiffs’ claims have any merit. However, your legal rights are affected, and you have a choice to make now:
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
SUBMIT A CLAIM FORM BY OCTOBER 30, 2012
Stay in this lawsuit. Submit a Claim Form. Await the outcome. If the settlement is approved by the Court you may be eligible for a payment of money under the settlement. Be bound by the result.
By submitting a Claim Form you keep the possibility of getting money or benefits that may come from the settlement. But you give up any rights to sue Verizon Wireless separately about the same legal claims in this lawsuit. If you do not file a Claim Form before October 30, 2012, you give up your right to get money from the settlement if it is approved by the Court.
SUBMIT AN OBJECTION BY OCTOBER 2, 2012
Object to the Settlement.
Stay in the lawsuit, but submit an objection. By objecting to the settlement you give up your right to be excluded from the settlement and your right to file your own action. If you object to the settlement, you may ask a lawyer to represent you at your own cost.
ASK TO BE EXCLUDED BY OCTOBER 2, 2012
Get out of this lawsuit. Get no benefits from it. Keep your rights.
If you ask to be excluded and money or benefits are later awarded, you won’t share in those. But you keep your right to sue Verizon Wireless separately about the same legal claims in this lawsuit.
Basic Information
1. What is this notice about?
This notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you and that there is a settlement pending in the case. You have legal rights and options in this action. The lawsuit in California that is certified as a class action is known as Ruwe v. Cellco Partnership d/b/a Verizon Wireless, No. 07-cv-0369 JSW, pending in the United States Federal District Court for the Northern District of California, located in San Francisco, California.
2. What is this lawsuit about?
The lawsuit claims that Verizon Wireless violated California consumer protection law by imposing a flat $5 late fee on overdue bills, and by imposing a flat $15 reconnect fee to reinstate service on a line that has been impaired due to non-payment. The suit seeks to recover monetary damages and restitution, and declaratory and injunctive relief.
3. What is a class action and who is involved?
In a class action lawsuit, one or more people (in this case Joseph Ruwe and Elizabeth Orlando) have sued on behalf of other people (called “Class Members”) who have similar claims. One court resolves the issues for everyone – except for those people who choose to exclude themselves from the Class. The company sued in this case, Verizon Wireless, is called the Defendant.
4. Why are these lawsuits class actions?
The Court decided that this lawsuit and the settlement, if approved, can be a class action because it meets the requirements of Federal Rule of Civil Procedure 23, which govern class actions in Federal courts. More information about why the Court is allowing this lawsuit to be a class action is in the Court’s Preliminary Approval Order. To view the Court’s Preliminary Approval Order, please visit the website at
The Claims in the Lawsuit
5. What are the plaintiffs’ claims in the lawsuit?
In the lawsuit, the Plaintiffs claim that Verizon Wireless’s flat $5 late fee and $15 reconnect fee violate various California laws. You can read the Plaintiffs’ Third Amended Complaint, filed in Ruwe v. Cellco Partnership d/b/a Verizon Wireless, No. 07-cv-03679 JSW, dated December 1, 2008, through the website at
6. How does Verizon Wireless answer?
Verizon Wireless denies any wrongdoing and denies the Plaintiffs’ allegations. Verizon Wireless contends that the late fee and reconnect fee are legal and proper.
7. Has the Court decided who is right?
The Court has not decided whether Verizon Wireless or Plaintiffs are correct. By issuing this Notice, the Court is not suggesting that the Plaintiffs would have won or lost this case. This Notice is to inform you about the settlement and that you must make a decision about it.
8. What are the terms of the settlement?
The settlement provides that Verizon Wireless will pay $10 million into a fund that will include money for Class Members to be provided on a pro rata basis, after deducting payment of the costs of administering the settlement, including the costs of this notice, attorneys’ fees, costs of the litigation and any payments allowed by the Court to the named plaintiffs, known as the “class representatives.” This money is referred to here as the “Common Fund.” The settlement does not relieve Class Members of any existing or future obligations to pay any charges or fees they owe to Verizon Wireless. You can read more about the settlement through the website at
The settlement will release claims that subscribers may have against Verizon Wireless relating to $5 flat late fees and $15 reconnect fees for the period of time described above, unless the individual excludes him/her self from the settlement. Specifically, the settlement will release the claims pled or could have been pled in the Ruwe v. Cellco Partnership case.
9. How much will my payment be?
If approved by the Court, payments will be made to Class Members on a pro rata basis out of the net proceeds of the settlement (the amount available after deducting payment for payment of the costs of administering the settlement, including the costs of this notice, attorneys’ fees, costs of the litigation and any payments allowed by the Court to the named plaintiffs) based on the type and number of late or reconnect fees paid by a Class Member.
If you are an eligible Class Member, your share of the net proceeds of the settlement will be based upon the ratio of your loss to the losses of other Class Members. Verizon Wireless has provided the claims administrator with information to confirm the number of late or reconnect fees paid by any one Class Member. The exact amount that any one Class Member will be paid will depend on the number of Class Members who submit valid claims and the number of fees paid by those Class Members.
Valid claims for the $5 late fee will be valued at 1/3 of the value of valid claims for the $15 reconnect fee (reflecting the different value as the $5 late fee compared to the $15 reconnect fee). For example, if after receiving all valid claims, the claims administrator determines that late fee claims will be paid out at an amount of $2 per claim, then each valid claim for a reconnect fee will be paid out at an amount of $6 per claim. Similarly, if after receiving all valid claims, the claims administrator determines that late fee claims will be paid out at an amount of $4 per claim, then each valid claim for a reconnect fee will be paid out at an amount of $12 per claim. The claims administrator will confirm the number of late or reconnect fees paid by each Class Member through information provided by Verizon, and will disburse payments accordingly.
10. Is there any money available now?
No money or benefits are available now because the Court has not yet decided whether to approve the settlement. There is no guarantee that money or benefits ever will be obtained; however, if you want to participate in the settlement you should submit the proof of Claim Form, available through the website at
Who Is In The Class
You need to decide whether you are affected by this lawsuit.
11. Am I part of this Class?
You are a member of the Class if:
You are or were a Verizon Wireless customer in California with a contract with Verizon Wireless for personal wireless telephone service who was charged or paid a flat $5 late fee on an overdue bill from June 12, 2003 to April 26, 2012; and/or a $15 reconnect fee from December 1, 2004 to April 26, 2012.
Your Rights and Options
You have to decide whether to participate in the settlement and you have to decide this now.
12. What happens if I do nothing at all?
You must submit a Claim Form available through the website at if you want to keep the possibility of getting money from this lawsuit. Keep in mind that if you do nothing or if you submit a Claim Form you will not be able to sue, or continue to sue, Verizon Wireless – as part of any other lawsuit – under state or federal law about any issues relating to the validity of the flat $5 late fee or the $15 reconnect fee, or the propriety of their assessment or collection during the time periods described above.
Claims Forms may be submitted electronically through the website at or by first class mail to:
Verizon Wireless Settlement
c/o Gilardi & Co. LLC
P.O. Box 808054
Petaluma, CA 94975-8054
13. Why would I ask to be excluded?
If you are a member of the Class and you already have your own lawsuit or arbitration against Verizon Wireless for the claims described in paragraph 2 of this notice, and want to continue with it, you need to ask to be excluded from the Class. If you exclude yourself from the Class – which means to remove yourself from the Class, and is sometimes called “opting-out” of the Class – you won’t get any money or benefits from the settlement. However, if you exclude yourself, this lawsuit will not interfere with any rights you have to sue or continue to sue or arbitrate against Verizon Wireless in a separate case. If you elect to exclude yourself because you want to pursue your own claims against Verizon Wireless, you should assert such claims promptly to protect against them being lost due to the passage of time. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.
14. How do I ask the Court to exclude me from the Class?
To ask to be excluded, you must send a letter, postmarked by October 2, 2012, to the Class Counsel appointed by the Court:
Jeff D. Friedman
Hagens Berman Sobol Shapiro LLP
715 Hearst Ave., Suite 202
Berkeley, CA 94710.
In your letter, be sure to reference your Verizon Wireless telephone numbers if you know them and remember to sign the letter.
15. How do I object to the settlement?
If you are a Class Member, you can tell the Court that you don’t agree with the settlement or some part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. If you do not file an objection to the settlement and attend the settlement fairness hearing, discussed below, you waive your right to appeal the settlement.
To object, you must send a letter saying that you object to the settlement in Ruwe v. Cellco Partnership d/b/a Verizon Wireless. Be sure to include your name, address, telephone number, your signature, and the reasons you object to the settlement. Mail the objection to these two different places postmarked no later than October 2, 2012:
Court
Class Counsel
United States District Court, Northern District of California
450 Golden Gate Avenue
San Francisco, CA 94102
Jeff D. Friedman
Hagens Berman Sobol Shapiro LLP
715 Hearst Ave., Suite 202
Berkeley, CA 94710
Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
You have the right to consult and/or retain an attorney of your choice at your own expense to advise you regarding the settlement and your rights in connection with the settlement and the Settlement Fairness Hearing as described below. You also have the right, either personally or through an attorney retained and paid by you, to seek to intervene in the case.
16. When is the Settlement Fairness Hearing?
On November 16, 2012 at 9:00 a.m., a hearing will be held in Courtroom 11 of the San Francisco Courthouse of the United States Federal District Court for the Northern District of California, located at 450 Golden Gate Avenue, San Francisco, CA 94102, to determine whether the Settlement should be approved by the Court as fair, reasonable, and adequate, and whether judgment should be entered thereon (“Settlement Fairness Hearing”).
The Court will also consider at the Settlement Fairness Hearing the request of Class Counsel for an award of attorneys’ fees, not to exceed 30% of the Common Fund or $3 million; the request of Class Counsel for reimbursement of expenses incurred in pursing this lawsuit, not to exceed $200,000; and a request for incentive awards to each class representative not to exceed $2,500 per individual. These amounts, if awarded, will be deducted from the Common Fund.
Your attendance at the Settlement Fairness Hearing is not required. However, you may be heard orally at the Settlement Hearing in opposition to the proposed Settlement or Class Counsels’ application for attorneys’ fees and expenses, but only if you have timely filed written objections in the manner described above, including a statement that you intend to appear and be heard at the Settlement Fairness Hearing. You may also enter an appearance through an attorney, at your own expense. If you do not do so, you will be represented in the case by Class Counsel.
Pending final determination of whether the Settlement should be approved, you and your representatives are barred from filing any lawsuit asserting any claims against Verizon Wireless that relate to the settled claims as defined above.
The Lawyers Representing You
17. Do the Class Members have a lawyer in this case?
The Court appointed the law firms of Hagens Berman Sobol Shapiro LLP and Chavez & Gertler LLP to represent the plaintiffs and Class Members. Together the law firms are called “Class Counsel.” More information about these law firms, their practices, and their lawyers’ experience is available at
18. Should I get my own lawyer?
If you choose to remain in the Class, you do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will be responsible for paying that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.
19. How will the lawyers be paid?
If the settlement is approved Class Counsel will ask the Court for fees and expenses. You won’t have to pay these fees and expenses now. If the Court grants Class Counsels’ request, the fees and expenses would be deducted from the $10 million Common Fund paid by Verizon. Class Counsel has agreed not to seek more than 30% of the Common Fund, or $3 million, as compensation. Class Counsel has also agreed not to seek more than $200,000 for expenses incurred in pursuing this lawsuit. Class Counsel’s motion for fees and costs must be filed by September 18, 2012. You can object to the requests of Class Counsel by following the procedure for objecting to the Settlement described in paragraph 15.
Getting More Information
20. Are more details available?
You can view the Third Amended Complaint that the Plaintiffs submitted, the Court’s Preliminary Approval Order, and other case-related documents through the website at . You may also contact one of the lawyers by sending an email to, or by writing to: Jeff D. Friedman, Hagens Berman Sobol Shapiro LLP, 715 Hearst Avenue, Suite 202, Berkeley, California 94710. Please do not contact the Court. Please also do not contact Verizon Wireless or the lawyers for Verizon Wireless.
Verizon is a bad bad company. Wtf. Haha. Maybe someday they will get their **** straight... Na... They won't
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Wow, this seems rather irrelevant.....its just spam dude......sent to every house in the effin state......
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TechSavvy2 said:
Wow, this seems rather irrelevant.....its just spam dude......sent to every house in the effin state......
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That's the way class action lawsuit notifications are sent.
And this has something to do with the S3 how?
Do we not have carrier-specific (unrelated to phones) subs here? If not, we should.
Idk where you're looking, but I found this thread through the Verizon s3 general sub forum...
So yeah, it's relevant to us in this forum.
Sent from my Locked Verizon Sgs3 | **** you Verizon!
KrisPeezy said:
Idk where you're looking, but I found this thread through the Verizon s3 general sub forum...
So yeah, it's relevant to us in this forum.
Sent from my Locked Verizon Sgs3 | **** you Verizon!
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It's more of a general Verizon thing, which is why I qualified my own statement.
Just because you got to a thread via a search doesn't mean the thread is potentially misplaced.
As I said, it's a general Verizon thing having to do with late and reconnection fees, not the S3 itself.
As I also said, if we don't have a set of general carrier-specific subs, we should.
AlexDeGruven said:
It's more of a general Verizon thing, which is why I qualified my own statement.
Just because you got to a thread via a search doesn't mean the thread is potentially misplaced.
As I said, it's a general Verizon thing having to do with late and reconnection fees, not the S3 itself.
As I also said, if we don't have a set of general carrier-specific subs, we should.
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I understand your point, and I dont think we do have a general Verizon forum.
But even if we did have a general Verizon forum, most users on xda go directly to their own phone's forum(at least i do).
Even if it were to be posted on a carrier-specific forum, it would be overlooked by many.
So I was saying that it's still relevant because everyone that would look at this should be on Verizon.
Love your Sig
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I got that in a letter in the mail. Not e-mail.
http://www.timesleader.com/news/news/576268/Report:-Govt-scooping-up-Verizon-phone-records
I don't have verizon but i thought this was a very interesting story.
Report: Gov’t scooping up Verizon phone records
Last Modified: June 06. 2013 7:02AM
Associated Press
(AP) — The National Security Agency currently is collecting the telephone records of millions of U.S. customers of Verizon under a top secret court order, Britain’s Guardian newspaper said Wednesday.
The order was granted by the secret Foreign Intelligence Surveillance Court on April 25 and was good until July 19, the newspaper said. The order requires Verizon, one of the nation’s largest telecommunications companies, on an “ongoing, daily basis” to give the NSA information on all telephone calls in its systems, both within the U.S. and between the U.S. and other countries.
The newspaper said the document, a copy of which it had obtained, shows for the first time that under the Obama administration the communication records of millions of U.S. citizens were being collected indiscriminately and in bulk, regardless of whether they were suspected of any wrongdoing.
The Associated Press could not authenticate the order because documents from the court are classified.
Verizon spokesman Ed McFadden said Wednesday the company had no comment. The White House declined comment and referred questions to the NSA. The NSA had no immediate comment.
Verizon Communications Inc. listed 121 million customers in its first-quarter earnings report this April — 98.9 million wireless customers, 11.7 million residential phone lines and about 10 million commercial lines. The court order didn’t specify which type of phone customers’ records were being tracked.
Under the terms of the order, the phone numbers of both parties on a call are handed over, as is location data, call duration, unique identifiers, and the time and duration of all calls. The contents of the conversation itself are not covered, The Guardian said.
The broad, unlimited nature of the records being handed over to the NSA is unusual. FISA court orders typically direct the production of records pertaining to a specific named target suspected of being an agent of a terrorist group or foreign state, or a finite set of individually named targets. NSA warrantless wiretapping during the George W. Bush administration after the 9/11 attacks was very controversial.
The FISA court order, signed by Judge Roger Vinson, compelled Verizon to produce to the NSA electronic copies of “all call detail records or telephony metadata created by Verizon for communications between the United States and abroad” or “wholly within the United States, including local telephone calls,” The Guardian said.
The law on which the order explicitly relies is the “business records” provision of the USA Patriot Act.
Copyright 2013 The Associated Press.
Yeah I read about this last night on the guardian, but are people blaming Verizon...? I mean it sounds like a court order from the government body, NSA? So, should we blame Verizon? I imagine they are going to get the blame either way, problem is, they couldn't just tell people either because they would still come off worse as people wouldn't trust them, even though they sound like they didn't have a choice.
It's a shame really, American has been far too paranoid since 9/11, it's basically a security state now, or at least from the numerous stories I've heard in the past, this just perpetuates the concern.
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Not sure what's funnier, the fact that people are actually surprised about this, or that The Guardian reported it before anyone in the USA did.
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ShadowLea said:
Not sure what's funnier, the fact that people are actually surprised about this, or that The Guardian reported it before anyone in the USA did.
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+1
I'm not surprised by any of this, it just reaffirms my thoughts on government. The Bush (Jr) Administration did this with ALL of the major telecoms so I'm not sure if Verizon has been clear of this since then.
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