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PLEASE DO NOT TELEPHONE THE COURT OR THE OFFICE OF THE CLERK FOR INFORMATION REGARDING THIS SETTLEMENT OR THE CLAIM PROCESS
FREQUENTLY ASKED QUESTIONS
1.
How do I know if I am a Class Member?
2. What
is the Class Action About?
3. What
are the Terms of the Proposed Settlement?
4. What
do I have to do now?
5. How
do I get more information?
6. How
do I complete a Claim Form?
7. Do I
need to hire a lawyer to represent me?
8. Will
the Court hold a Hearing?
9. Why
is this case settling?
10.
What if I still have questions?
11.
What if my name does not appear in the Subclass list?
1. How
do I know if I am a Class Member?
There are two Classes of people in the proposed Settlement: the
National Class and the Subclass.
The National Class includes all former and/or current Asurion or lock\line
subscribers who reside in the United States who, between the time period of
February 20, 2004 through February 28, 2007:
-
made any monthly payments to Asurion or lock\line; and
-
submitted a claim for loss under penalty of perjury; and
-
received a replacement phone that was refurbished.
It does not matter what the value of your replacement phone was
as long as it was refurbished and not “new.”
The Subclass includes all National Class Members who received a Refurbished
Phone that cost Asurion less than the deductible (excluding certain costs like
shipping and handling).
2. What
is the Class Action About?
Plaintiffs claim that Defendants misrepresented and did not
disclose the terms of their “Wireless Phone Protection Programs.” Plaintiffs
also claim that Defendants failed to meet their obligation under the contract.
For example, Plaintiffs claim that the Defendants provided replacement
equipment that was worth less than the deductible paid by the Class Member.
Plaintiffs also claim that the replacement phones were not the same quality as
the phone being replaced.
The Defendants deny any wrongdoing but have agreed to this proposed Settlement
to avoid the risks and expense of litigation.
3. What
are the Terms of the Proposed Settlement?
Pursuant to the terms of the proposed Settlement Agreement, each National Class member who completes the claims process will receive a Phone Card with a face value of at least $5 (the value of the Phone Card will depend on the number of National Class members who submit claims). A $5 Phone Card is worth 50 minutes of domestic call time. Because wireless carriers may assess normal wireless charges for calls using the Phone Card, Phone Cards should be used on "land lines." A $.99 surcharge will be assessed for using the Phone Card at a pay phone. The Settlement Phone Cards will be fully transferable, and will expire 360 days after the date they are issued.
Subclass Members who submit a valid claim will be mailed a voucher for a
replacement phone directly from Asurion, with a value of at least $75 but not
more than $150, depending on the deductible amount paid by the subscriber.
These vouchers are valid for 90 days after the date they are issued and are
fully transferable.
The Defendants will also ensure that all future placards and brochures about
the “Wireless Phone Protection Programs” state that claims may be fulfilled
with new and/or refurbished equipment, and that each replacement phone is
subject to a non-refundable deductible or fee per loss. Asurion has also agreed
that the equipment and service costs incurred by Asurion to provide the
replacement phone will not be less than the deductible, unless the customer is
so informed before Asurion collects the deductible.
4. What
do I have to do now?
You can remain in the Class. To remain in the
Class, you do not have to do anything. If you remain in the Class, you will not
be able to sue the Defendants or any third-party wireless carriers or insurance
company that participated in Defendants’ “Wireless Phone Protection Programs”
in the future for any claims arising out of or relating in any way to the
allegations in the lawsuit, including, but not limited to, any claims that: (1)
Defendants misrepresented and failed to adequately disclose the terms of the
“Wireless Phone Protection Programs”; and/or (2) Defendants did not properly
perform their legal and contractual obligations under the programs.
If you wish to obtain a Phone Card, you must file a claim. You
can obtain a Claim Form and more details on how to file a claim by calling
1-866-403-5439, or click here to file a claim
online. Please have the nine-digit code on the Postcard Notice available at the
time of filing your claim. If you are entitled to a voucher, it will be mailed
to you automatically if you remain in the Subclass.
You can exclude yourself from, or “opt-out” of, the Class if
you do not wish to participate in the proposed Settlement. This means you
cannot file a claim, but will keep the right to sue the Defendants in the
future. To exclude yourself, you must mail a written request for exclusion that
includes: (1) a statement requesting exclusion from the proposed Settlement;
(2) your name and address; and (3) your original signature. Your request must
be postmarked no later than May 21, 2007 and addressed to the
Claims Administrator, c/o Rust Consulting, Inc., P.O. Box 127, Minneapolis, MN
55440-0127.
You can comment on or object to all or part of the proposed
Settlement if you do not exclude yourself from the Class. Your objection must
be in writing, personally signed by you, including the specific reason(s) for
the objection and any legal support you wish to bring to the Court’s attention.
Your objection must be filed with the Court no later than May 21, 2007
.
5. How
do I get more information?
To view the Summary Notice, click here. To view
the full Court Order, click here. To view the
Settlement Agreement, click here
.
6. How
do I complete a Claim Form?
Please click here
to complete the online Claim Form. Please have the nine-digit code on the
Postcard Notice available at the time of filing your claim. If you prefer to
complete and mail in a paper Claim Form, please call 1-866-403-5439 and request
that a Claim Form be sent to you.
7. Do I
need to hire a lawyer to represent me?
You do not need to hire a lawyer to represent you, but you may
if you wish. The Court has appointed the following attorneys to represent the
Class:
Adam Moskowitz, Esq.
Kozyak Tropin & Throckmortin, P.A.,
2525 Ponce de Leon, 9th Floor
Coral Gables, FL 33134
Lance Harke, Esq.
Harke & Clasby, LLP
155 S. Miami Avenue, Suite 600
Miami, FL 33130
Harvey Levine, Esq.
Levine, Steinberg, Miller & Huver,
550 West C Street, Suite 1810
San Diego, CA 92101
8. Will
the Court hold a Hearing?
Yes, the Court will hold a Final Fairness Hearing to consider
whether to approve the proposed Settlement. The Hearing will be held on June
22, 2007 at 9:00 a.m. before the Honorable Patricia A. Seitz,
Courtroom 5, U.S. District Court for the Southern District of Florida, Miami
Division, located at 301 North Miami Avenue, 5th Floor, Miami, FL 33128. You do
not need to attend this hearing. Lawyers have been appointed to represent you
at this hearing. If you wish to attend the hearing on your own or with your own
lawyer, you must file a Notice of Appearance on or before May 21, 2007.
9. Why
is this case settling?
The parties have been actively litigating this case for almost
three years and have reviewed and analyzed tens of thousands of documents and
records. After analyzing all of the materials, the parties realized that there
were many obstacles that both sides would have had to overcome to win this
case. Given the difficulties that Plaintiffs would have had to overcome if they
were to fully litigate this case to a successful verdict, there was a
possibility that this lawsuit would not have resulted in any recovery for the
Class Members or may have resulted in a recovery which would not have been as
good as this proposed Settlement. For their part, Defendants deny any
wrongdoing but have agreed to this proposed Settlement to avoid the costs and
risks of litigation. For more information regarding exactly what was done by
the parties during these three years and to understand the history of this
lawsuit, please refer to the Omnibus Order.
10.
What if I still have questions?
If you still have questions, you may write to the Claims
Administrator at:
Claims Administrator
c/o Rust Consulting, Inc.
PO Box 127
Minneapolis, MN 55440-0127
Or you may write to Class Counsel at:
Adam Moskowitz, Esq.
Kozyak Tropin & Throckmortin, P.A.,
2525 Ponce de Leon, 9th Floor
Coral Gables, FL 33134
or:
Lance Harke, Esq.
Harke & Clasby, LLP
155 S. Miami Avenue, Suite 600
Miami, FL 33130
or:
Harvey Levine, Esq.
Levine, Steinberg, Miller & Huver,
550 West C Street, Suite 1810
San Diego, CA 92101
11.
What if my name does not appear in the Subclass list?
If you believe that you are a subclass member but your name does not appear on the Subclass list, please write to the Claims Administrator explaining why you believe you are a Subclass member at:
Claims Administrator
c/o Rust Consulting, Inc.
PO Box 127
Minneapolis, MN 55440-0127
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