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Notice of Pendency of Class Action Superior Court of the State of California, County of Alameda A California Court authorized this notice. This is not a solicitation from a lawyer.
Regardless of whether you stay in the lawsuit or exclude yourself,
Basic Information
If you had personal cell phone service having a California area code and billing address with Verizon Wireless, Sprint and/or Nextel and were charged an early termination fee during the period July 23, 1999 through March 18, 2007, your rights may be affected. This notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against Verizon Wireless, Sprint and Nextel, on your behalf, are correct. Judge Bonnie Sabraw of the Alameda County Superior Court is overseeing this class action. The lawsuit is known as the Cellphone Termination Fee Cases, J.C.C.P. No. 4332.
This lawsuit is about the early termination fees charged to cell phone customers: The class representatives claim that the early termination fees charged by Verizon Wireless, Sprint, and/or Nextel are unlawful and unfair penalties under California law. Based upon these claims, the class representatives ask for changes in the companies’ practices and for damages and restitution of the early termination fees wrongfully collected. Verizon Wireless, Sprint and Nextel deny that they did anything wrong and say that the early termination fees they charged to customers are not unlawful under California law. You can read the Answers of Verizon Wireless, Sprint and Nextel at www.cellphoneterminationfees.com. Verizon Wireless, Sprint and Nextel have filed cross-complaints against the class representatives for damages that they contend they suffered as a result of early terminations of term contracts by members of the class. The Court has ruled that, if it is determined that the early termination fees are unlawful, Verizon Wireless, Sprint and Nextel will be able to seek their actual damages. The Court has ruled that any actual damages that Verizon Wireless, Sprint and Nextel are able to prove will be aggregated and then set off against any damages and restitution amounts that class members as a group are able to prove. This may result in some class members being able to recover less in damages or restitution than they may be able to recover if they had brought an individual action against Verizon Wireless, Sprint or Nextel. However, under the Court’s rulings, no class member would end up owing money to Verizon Wireless, Sprint or Nextel. Plaintiffs have challenged the defendants’ right to assert cross-claims and will seek appellate review of the Court’s rulings. The Court hasn’t decided whether the class representatives or the cell phone companies are correct. Lawyers for the class must prove the claims against Verizon Wireless, Sprint, and Nextel at trial.
You may be a member of the Class if between July 23, 1999 and midnight March 18, 2007, you paid or were charged one or more early termination fees charged by Verizon Wireless, Sprint, and/or Nextel for your personal cell phone account with a California area code and a California billing address. Your Rights and OptionsYou have to decide whether to stay in the Class or ask to be excluded before the trial, and you have to decide this now.
You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing, you are staying in the Class. If you stay in and the Class is awarded money or benefits, either as a result of the trial or a settlement, you will be notified about how to apply for a share. Keep in mind that if you do nothing now, regardless of whether the Class Representatives win or lose the trial, you will not be able to separately sue, or continue to sue Verizon Wireless, Sprint and/or Nextel for the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action.
If you exclude yourself from the Class – which is sometimes called “opting-out” of the Class – you won’t get any money or benefits from this lawsuit. However, you may then be able to separately sue or continue to sue Verizon Wireless, Sprint, and/or Nextel for the legal claims that are the subject of this lawsuit. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action. If you bring your own lawsuit against Verizon Wireless, Sprint, and/or Nextel after you exclude yourself, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your claims. If you do exclude yourself so you can start or continue your own lawsuit against Verizon Wireless, Sprint, and/or Nextel, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.
To exlude yourself from the Class, you must notify the Court at the address identified below in writing no later than June 15, 2007. Your request for exclusion must contain: (1) the name of this lawsuit, “In re Cell Phone Early Termination Fees, JCCP, No. 4332;” (2) your full name and current address; (3) a clear statement of intention to exclude yourself such as “I wish to be excluded from the Class”; (4) your Verizon Wireless, Sprint, and/or Nextel cell phone number(s) when you paid the early termination fee; and (5) your signature. Requests for exclusion must be postmarked no later than June 15, 2007, and sent to: Superior Court of the State of California The Lawyers Representing You
The Court decided that the law firm of Lerach Coughlin Stoia Geller Rudman & Robbins LLP, Bramson, Plutzik, Mahler & Berkhaeuser, LLP and the Franklin & Franklin, APC are qualified to represent all class members as class counsel. These lawyers are experienced in handling similar cases against cell phone companies. More information about class counsel is available at www.lerachlaw.com or www.bramsonplutzik.com.
If you want to remain a member of the Class, but you do not wish to be represented by class counsel, you may enter an appearance through your own attorney at your own expense. To do so, you must file an Entry of Appearance with the Clerk of the Court. You will remain a class member with representation by your own attorney and you will be responsible for the fees and costs of your attorney.
If Class counsel get money or benefits for the Class, they may ask the Court for fees and expenses. You will not have to pay these fees and expenses. If the Court grants class counsel’s request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Verizon Wireless, Sprint, and/or Nextel. The Trial
As long as the case isn’t resolved by a settlement or otherwise, class counsel will have to prove the claims at a trial in the Superior Court of the State of California, County of Alameda. If you want to attend, please call the Court Clerk to confirm the trial date, department and time.
You do not need to attend the trial. Class counsel will present the case for the Class members, and Verizon Wireless, Sprint, and/or Nextel will present the defenses. You are welcome to come at your own expense. If you wish to participate in the trial, you should contact class counsel.
If the Class obtains money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take.
Complete copies of the pleadings, orders and other documents filed in this litigation may be examined and copied at any time during regular office hours at the offices of the Clerk of the Court, Alameda Superior Court, 1221 Oak Street, Oakland, California 94612. The case is titled Cell Phone Early Termination Fees, JCCP, No. 4332. Certain documents and other information are also available on the Internet at www.cellphoneterminationfees.com. If you have any questions concerning anything discussed in this notice, or wish to provide us with your current name or address, please visit the website or write to Class counsel at: LERACH COUGHLIN STOIA PLEASE DO NOT CALL OR WRITE TO THE COURT FOR INFORMATION OR ADVICE.
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