A friendly reminder as tomorrow is the last day to opt out of the arbitration clause.
You may opt out of this dispute resolution procedure by providing notice to SAMSUNG no later than 30 calendar days from the date of the first consumer purchaser's purchase of the Product. To opt out, you must send notice by e-mail to [email protected], with the subject line: "Arbitration Opt Out." You must include in the opt out e-mail (a) your name and address; (b) the date on which the Product was purchased; (c) the Product model name or model number; and (d) the IMEI or MEID or Serial Number, as applicable, if you have it (the IMEI or MEID or Serial Number can be found (i) on the Product box; (ii) on the Product information screen, which can be found under "Settings;" (iii) on a label on the back of the Product beneath the battery, if the battery is removable; and (iv) on the outside of the Product if the battery is not removable). Alternatively, you may opt out by calling 1-888-987-4357 no later than 30 calendar days from the date of the first consumer purchaser's purchase of the Product and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the benefits of the Limited Warranty.
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I would think this is the first step to officially resolving the bootloader issue.
For all of us who dont understand this legal mumbo jumbo what does it mean and why should we opt out or not
Sent from my Transformer Prime TF201 using xda app-developers app
Thanks for reminding me. Sent this for my original purchase, but now that I have a replacement device I also sent in the IMEI for that as well so I stay opt'd out.
ddarvish said:
For all of us who dont understand this legal mumbo jumbo what does it mean and why should we opt out or not
Sent from my Transformer Prime TF201 using xda app-developers app
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The offending arbitration clause. Word-wall:
ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be combined or consolidated with a dispute involving any other person's or entity's Product or claim, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of Texas, without reference to its choice of laws principles, shall govern the interpretation of the Limited Warranty and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Limited Warranty.
For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less ("Small Claim"), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, but may not grant SAMSUNG its attorney fees, expert witness fees or costs unless it is determined that the claim was brought in bad faith. In a Small Claim case, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees, or $50.00 of such fees, whichever is less, and SAMSUNG shall pay the remainder of such fees. Administrative, facility and arbitrator fees for arbitrations in which your total damage claims, exclusive of attorney fees and expert witness fees, exceed $5,000.00 ("Large Claim") shall be determined according to AAA rules. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees and costs. Judgment may be entered on the arbitrator's award in any court of competent jurisdiction.
This arbitration provision also applies to claims against SAMSUNG'S employees, representatives and affiliates if any such claim arises from the Product's sale, condition or performance.
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I wont pretend to know with 100% certainty what this means as I'm not a lawyer, but to me, the main concern is the part bolded. The bolded part specifically states that you can not enter into a class action lawsuit pertaining to this device. IMO, if anything is to be done about the bootloader, it's going to be in the courts. The first sentence, to me, states that your lawsuit will never be publicly known.
trebuchet76 said:
A friendly reminder as tomorrow is the last day to opt out of the arbitration clause.
I would think this is the first step to officially resolving the bootloader issue.
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Sorry I don't speak legaleese... what would this have to do with the bootloader issue?
Sent from my SCH-I535 using xda app-developers app
Related
i got this in my email this morning. i'm assuming others did also?
If you subscribed to Verizon Wireless's America's Choice II calling plans, you could receive benefits from a class action settlement.
Para ver este aviso en español, visita www.cowitsettlement.com
A proposed settlement has been reached with Verizon Wireless ("Verizon Wireless") in a class action, Cowit, et al., v. Cellco Partnership d/b/a Verizon Wireless, No. A0505869 (Ct. of Common Pleas,Hamilton County, Ohio), related to a lawsuit about whether Verizon Wireless failed to provide roaming service without any roaming charges under the America's Choice II Calling Plan. Verizon Wirelessdenies all of the claims.
WHO IS INCLUDED? The Settlement Class includes all current and former customers of Verizon Wireless who, since February 21, 2005, subscribed to its America's Choice II Calling Plan. If you are a member of the Settlement Class, you have certain rights and options, such as submitting a claim for benefits, requesting exclusion from the settlement, or objecting to the settlement.
SETTLEMENT BENEFITS. In summary, current Verizon Wireless customers whose calling plan provides for a specific allowance of minutes as part of their monthly access fee automatically will receive 25 additional wireless calling minutes, which they can use for a period of one year, or, in the alternative, if these class members submit a Claim Form they can receive a transferable PIN for 40 calling units, which will be valid for 24 months, that can be used to make domestic or international long distance calls. Current Verizon Wireless customers whose calling plan provides for an unlimited number of minutes as part of the monthly access fee will automatically, without filing a Claim Form, receive a transferable PIN for 40 calling units, which will be valid for 24 months, that can be used to make domestic or international calls. Former Verizon Wireless customers must submit a Claim Form to receive a transferable PIN for 40 calling units, which will be valid for 24 months, that can be used to make domestic or international calls. You can submit your claim online at www.cowitsettlement.com or by mail. The claim deadline is November 8, 2011.
As part of the settlement, Class Counsel will submit a request for attorneys' fees, expenses, and incentive awards for the Class Representatives as more fully set forth in the Full Notice described below which will be paid by Verizon Wireless and will not affect the benefits to the class under the Settlement.
OTHER OPTIONS. If you do not want to be legally bound by the settlement, you must exclude yourself by September 27, 2011. If you stay in the Settlement Class, you may object to the settlement, the attorneys' fees or the incentive payments by September 27, 2011. The Full Notice includes complete information on how to request exclusion or object to the settlement. The Court will hold a hearing on October 28, 2011, to consider whether to approve the settlement and the request by Class Counsel for attorneys' fees and incentive payments.
THIS IS ONLY A SUMMARY NOTICE. A more complete description of this class action and proposed settlement, including how to exclude yourself from the class, claim benefits, or object to the settlement, is contained in the Full Notice. You may review the Full Notice at www.cowitsettlement.com, or send a written request for a copy to: Verizon Wireless America's Choice II Litigation, c/o Epiq Systems, Claims Administrator, P.O. Box 3967, Portland, Oregon 97208-3967, or call 1-866-408-4551
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Yep. I just got the same email. Still searching to make sure it's legit. Seems like it so far in my searches.
I've got that email too
Sent from my ADR6400L using XDA App
So the parasites get 6 million and we get 20 extra minutes for a year? Nice.
ilogik said:
So the parasites get 6 million and we get 20 extra minutes for a year? Nice.
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These are always this way. I was a member of a class that owned a 70's era GM pickup with sidesaddle gas tanks. They had a tendency to burst into flames when tboned, incinerating the occupants. When it was done the lawyers were rich and the plaintiffs each got a coupon for $500 of the purchase of a new GM....
ilogik said:
So the parasites get 6 million and we get 20 extra minutes for a year? Nice.
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That's the American way!
Got that same gm gas tank letter..a kid died, parents sued won
Sent from my ADR6400L using XDA App
I'm thinking one will be started soon based on I believe that it's a breach of contact based on the termed "Unlimited" Data.
If you look up Unlimited you get the following definition.
1: lacking any controls : unrestricted <unlimited access>
2: boundless, infinite <unlimited possibilities>
3: not bounded by exceptions : undefined
So by AT&T controlling just Unlimited data users rate speeds, seems like a breach of contract. Anyone care to give some insight?
there was petition and i have thread somewhere.
specter07 said:
I'm thinking one will be started soon based on I believe that it's a breach of contact based on the termed "Unlimited" Data.
If you look up Unlimited you get the following definition.
1: lacking any controls : unrestricted <unlimited access>
2: boundless, infinite <unlimited possibilities>
3: not bounded by exceptions : undefined
So by AT&T controlling just Unlimited data users rate speeds, seems like a breach of contract. Anyone care to give some insight?
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specter07 said:
I'm thinking one will be started soon based on I believe that it's a breach of contact based on the termed "Unlimited" Data.
If you look up Unlimited you get the following definition.
1: lacking any controls : unrestricted <unlimited access>
2: boundless, infinite <unlimited possibilities>
3: not bounded by exceptions : undefined
So by AT&T controlling just Unlimited data users rate speeds, seems like a breach of contract. Anyone care to give some insight?
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Look up all of the terms of the contract. The dictionary definition is completely irrelevant when talking in legal terms, where any word can be defined far differently than it seems to be in the real world. Unlimited probably comes with a whole slew of stipulations and limitations laid out in the contract, including throttling "to maintain quality of service for its customers". Unless you can find somewhere where they advertised and left out an asterisk and/or the fine print, you're boned.
Yup
appdroid said:
there was petition and i have thread somewhere.
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I saw that, I signed it also. Sad thing is that it needs 20,000 people and I have number 120 something.
Here's the thing, they aren't doing anything to your "unlimited" data. They are throttling your speed not your access to the data itself. According to them you can still use as much as you want it's just at a laughable speed. This is all done to, what they hope, make you switch to the 4 gb plan.
While what they as a company are doing to us with the unlimited plan is ridiculous and shouldn't be allowed, I'm not convinced anything can be done about it other then moving companies. I for one will be taking my internet plan to another provider.
Wow, so where are you going to jump ship to. All other carriers have the same plans as At&t. Oh, and if you thinking of going to Sprint I would not their internet speeds are the worst. Just out of curiousity how much is your unlimited data plan anyway?
Sent from my HTC Flyer P510e using XDA App
don't go to sprint. We still get better internet speed with different APN while throttle compare with sprint.
the unlimited plan I signed up for was for the iphone at 30.00 per month. I get to keep that rate for an unlimited plan for the skyrocket.
And I did say internet service not phone service would be moved. I live in San Francisco so it's not like i don't have options for a new isp
Same here, I have the $30.00 a month unlimited plan.
In the legal world, words are open to interpretation unless otherwise noted. So basically going to have to look back to the unlimited plan contract and see if they have anything about restricting speeds.
As far as them not doing anything to my unlimited plan they are. They are restricting me how I use it. Before there were no restrictions on how you use your unlimited plan, now they are restricting my speed to the point where its unusable. I went from downloading 20 + mbps to 0.12 mbps and I've tried switching to HSPA+ but can't seem to get it to work. I've tired about 5 different methods that are posted here and on goggle and nothing, phone wont get a connection.
Also they are only throttling a specific group of people. Now if they did this to every data plan then it would be a different story but since it's only grandfathered unlimited data users I'm sure that would help in the Suit.
This is the one clause that pretty much protects them
http://www.wireless.att.com/cell-ph...Are The Limitations On Service And Liability?
Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion.
Additional hardware, software, subscription, credit or debit card, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. AT&T is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.
Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. AT&T is not responsible for loss or disclosure of any sensitive information you transmit. AT&T's wireless services are not equivalent to wireline Internet. AT&T is not responsible for nonproprietary services or their effects on devices.
We may, but do not have the obligation to, refuse to transmit any information through the Services and may screen and delete information prior to delivery of that information to you. There are gaps in service within the Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. AIRTIME AND OTHER SERVICE CHARGES APPLY TO ALL CALLS, INCLUDING INVOLUNTARILY TERMINATED CALLS. AT&T MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL AT&T BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
act or omission of a third party;
mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us;
damage or injury caused by the use of Services, Software, or Device, including use in a vehicle;
claims against you by third parties;
damage or injury caused by a suspension or termination of Services or Software by AT&T; or
damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
Notwithstanding the foregoing, if your Service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly Service fee for the time period your Service was unavailable, not to exceed the monthly Service fee. Our liability to you for Service failures is limited solely to the credit set forth above.
Unless prohibited by law, AT&T isn't liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Services, Software, or Devices provided by or through AT&T, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
To the full extent allowed by law, you hereby release, indemnify, and hold AT&T and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by AT&T or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF AT&T, or any violation by you of this Agreement. This obligation shall survive termination of your Service with AT&T. AT&T is not liable to you for changes in operation, equipment, or technology that cause your Device or Software to be rendered obsolete or require modification.
SOME STATES, INCLUDING THE STATE OF KANSAS, DON'T ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
00mred00
That protects them now, but I want to see my original contract from when I got my data plan back several years ago.
Oh I agree.. but...you renewed your contract just like I did and we became subject to those new terms. They also have a "right to change terms" in there somewhere...and it has been there for years. Unfortunately unlike credit cards, I don't think there is anything mandating they have to notify you of the changes.
At least with sprint we had the option to opt out without penalty if certain things were changed
specter07 said:
00mred00
That protects them now, but I want to see my original contract from when I got my data plan back several years ago.
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Sent from my SAMSUNG-SGH-I727 using XDA App
No breach of contract because you still have unlimited data. U signed a contract for unlim data usuage not speed. Take your little dictionary terms and shove em you know where. All these threads have on them anymore are people crying about data. Can you find something better to do with your lives? Probably not
Sent from my SAMSUNG-SGH-I727 using xda premium
...says the idiot who attacks people on forums because his mommy didn't love him enough.
Ok people. Enough flaming ...... agree to disagree. But that is correct they can throttle all they want. Att and vzw have fast lte. But throttleing. Sprint has unlimited and does not throttle but there speeds are so slow its like being throttled 24/7
Where can i sign the petition?
Can someone please post a link for the petition or a class action lawsuit?
Thanks
p.s i'm a newbb lol
When I get home I'll post it for you.
Sent from my SAMSUNG-SGH-I727 using xda premium
I created the thread for petition and Here it is.
super8sean said:
Can someone please post a link for the petition or a class action lawsuit?
Thanks
p.s i'm a newbb lol
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While I agree with the petition and think that AT&T are being miserly with their usage caps, that kind of petition won't get you anywhere. Class action law suits need lawyers, consumer advocates, media savvy activists, and the like. You could have a million signers to some non-binding online petition and a judge wouldn't give a crap.
A petition can help gauge interest before moving forward with a legal team, etc. I don't care much about the throttle issue but I'm definitely interested in joining a class action lawsuit against Samsung for the screen issue.
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......
Sent from my Galaxy S3 using Tapatalk 2
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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
Sent from my SCH-I535 using xda app-developers app
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.
Sent from my Infected Rezound using xda app-developers app
I am in the process of proceeding/moving forward on the following, and I’m wondering what the community thinks of the following legal test/legal ‘state’ , given the following parameters:
1. I have purchased a Samsung, Google account locked phone/iCloud (activation locked) phone, or other company. You can insert/change the phone brand/company into this initial statement.
2. This phone was purchased through a law enforcement agency contract, court authorized/court ordered and approved sale, and I have the supporting purchase documents to demonstrate such.
I am positing the following questions for discussion/answer, here, and in court when and if it ends there, given the following are true/legally supported:
1. Is this Samsung phone/iPhone, or other phone, legally purchased via a law enforcement agency, with court ordered approved sale authorization, my full and legal property?
If one, above, is true, that this Samsung phone/iPhone, or other phone is my full and legal property, then,
2. Can Samsung/Apple, or other company then be responsible/compelled, either by simple request, or court order, to restore this phone to its original state, or purchase it back from me, if they fail to restore?
I have my thoughts about this, what are yours?
Thanks for your input.