CLASS ACTION SETTLEMENT NOTICE
A federal court authorized this Notice. Read this Notice carefully. Your legal rights may be affected.
THIS IS NOT A SOLICITATION. THIS IS NOT A NOTICE THAT YOU HAVE BEEN SUED. THIS IS TO NOTIFY YOU THAT YOU MAY BE ENTITLED TO BENEFITS.
United States District Court for the Northern District of California
Moore et al. v. Verizon et al., Class Action Case No. 09-cv-1823 SBA
(Para ver este aviso en español, se puede visitar www.verizonthirdpartybillingsettlement.com/espanol.)
You Received This Notice Because Verizon's Records Indicate You Were Billed For Third-Party Charges Between April 27, 2005 And February 28, 2012 And May Be Entitled To A Payment From this Class Action Settlement.
A Settlement has been preliminarily approved by the Court in a class action lawsuit against Verizon alleging that it billed landline phone customers for unauthorized charges from third-party companies (a practice known as "cramming"), in violation of federal and state law. Verizon denies any wrongdoing. The Court has not decided in favor of either the plaintiffs or defendants. Instead, both sides have agreed to settle the lawsuit in order to avoid the cost, delay, and uncertainty of litigation. The Settlement calls for payments to Class Members who file approved claims and injunctive relief designed to prevent future cramming.
You have the right as a member of the Settlement Class to file a claim for (1) a Flat Payment Claim for $40, or (2) a Full Payment Claim for the full amount (i.e., 100%) of all unauthorized Third-Party Charges you paid between April 27, 2005 and February 28, 2012. To receive a settlement payment, you must submit a Claim Form by November 15, 2012.
You have been sent this Notice because Verizon's records indicate that you have received Third-Party Charges on your Verizon bill during the class period and are therefore a class member and may be entitled to submit a claim for payments. To file your Claim on line, or to obtain a Claim Form, Click here.
How much will your payment be? That depends on whether you make a Flat Payment Claim or a Full Payment Claim. If you make a Flat Payment Claim that is approved, you will receive $40. If you make a Full Payment Claim that is approved, you will receive the full amount (i.e., 100%) of all unauthorized Third-Party Charges you paid between April 27, 2005 and February 28, 2012 (the "Class Period"). It is not possible to tell how much each class member is entitled to receive under the Full Payment Claim option without getting the summary of all Third-Party Charges that Verizon will provide to you, for free, as described in the next paragraph, as part of this Settlement. Some class members may have a claim for less than $40. Class counsel contends that some class members may have a claim for hundreds of dollars or more. To obtain payment, you must submit a Claim Form, which is available here or from the Settlement Administrator at www.verizonthirdpartybillingsettlement.com, 1-877-772-6219, or firstname.lastname@example.org.
You can get a summary of all your Third-Party Charges. You may have been billed for Third-Party Charges over a period of months without having noticed it. To help identify unauthorized Third-Party Charges for which you were billed during the Class Period and decide whether to submit a Flat or Full Payment Claim, you can request a summary of all Third-Party Charges for which you were billed, for free. You may then use the summary of all Third-Party Charges to submit a Full Payment Claim on line, by e-mail or by mail.
To request a free summary of all of the Third-Party Charges that you were billed Click here or call 1-877-772-6219.
What are "unauthorized Third-Party Charges?" "Third-Party Charges" are charges for products or services provided by third-party companies (i.e., not Verizon) and are billed to your Verizon telephone bill, excluding certain charges identified in the class definition below. Examples of the types of products and services are: voicemail, email, fax, web page services (design, hosting or marketing), yellow page services, diet plans, identity protection and others. "Unauthorized Third-Party Charges" are Third-Party Charges you did not knowingly authorize.
You can block Third-Party Charges from being included on your phone bill. Verizon will, for free, place a "block" on your phone number so that certain Third-Party Charges will not be allowed to be billed to you in the future. To request the "block" on your phone number, call Verizon customer service toll free 1-800-VERIZON. If you later wish to remove the "block," you may do so, for free, by contacting Verizon at the same number.
Who is in the Settlement Class? The Court certified a class for settlement purposes only consisting of: All current and former Verizon landline customers billed for Third-Party Charges submitted to Verizon by Billing Concepts Inc. a/k/a Billing Services Group Clearing Solutions or BSG d/b/a USBI and ZPDI, ACI Billing Services Inc. d/b/a OAN, Enhanced Services Billing, Inc. d/b/a ESBI, and HBS Billing Services Company (collectively, "Billing Concepts Inc."), The Billing Resource d/b/a Integretel, The Billing Resource LLC (collectively, "The Billing Resource"), ILD Teleservices, Inc. ("ILD"), Transaction Clearing, LLC ("Transaction Clearing") and PaymentOne Corp., d/b/a PaymentOne or Ebillit ("Payment One") from April 27, 2005 to February 28, 2012 (the "Settlement Class"). Excluded from the class are: (i) customers billed for only the following charges: (a) message telephone services ("MTS") usage charges; (b) charges that relate to a change in the customer's primary interexchange carrier ("PIC"); (c) charges billed by local telephone companies purchased from Verizon by Frontier Communications Corporation, FairPoint Communications, Inc., and Hawaiian Telcom; (ii) any judicial officer to whom the Action is assigned; and (iii) the U.S. government or any State government or instrumentality thereof. You received this email notice because Verizon's records indicate that you are a customer who was billed for such Third-Party Charges and are thus a member of the Settlement Class.
Do you have a lawyer representing you in this lawsuit? The Court appointed lawyers from four law firms to act as Class Counsel for the Settlement Class, whose information is at www.verizonthirdpartybillingsettlement.com. Class Counsel will ask the Court to approve payment of $7,500,000 for attorneys' fees and expenses for their efforts in achieving this Settlement and for their risk in undertaking their representation on a contingency basis and payment of $5,000 each to Desiree Moore and Karen Jones, for their services as Class Representatives. The Settlement Class will not be required to pay any portion of the fees and expenses and incentive awards awarded by the Court, which will be paid by Verizon. Payment of these items will not reduce the benefits available to the Settlement Class. You may hire your own attorney at your own cost if you wish, who may enter an appearance on your behalf.
The Court has preliminarily approved the Settlement. The Court-appointed Class Representatives, Desiree Moore and Karen Jones, and Court-appointed Class Counsel believe that the Settlement is in the best interests of the Settlement Class. The Settlement does not constitute an admission of any wrongdoing by Verizon. IF YOU ARE A CLASS MEMBER, THE PROPOSED SETTLEMENT WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. This Notice is only a summary. For complete information, including deadlines by which you must act, you should read the full notice or the Settlement Agreement, available at www.verizonthirdpartybillingsettlement.com.
Your legal rights and options in this Settlement:
Submit a Claim Form
This is the only way to
get a payment. You have the right as a member of the Settlement Class
to apply for (1) Flat Payment Claim for $40 or (2)
a Full Payment Claim for the full amount (i.e.,
100%) of all unauthorized Third-Party Charges you paid between April 27, 2005
and February 28, 2012. To receive a settlement payment, you must submit
a Claim Form by November 15, 2012. To submit your Claim
Form on line Click here.
Get no payment, but do not give up your right to sue Defendants or related entities. To exclude yourself, you must mail a signed, written request to be excluded from Moore v. Verizon, with your name, address, and phone number, to the Settlement Administrator postmarked by August 17, 2012.
Requests to be excluded from the Settlement should be mailed to Moore v. Verizon Settlement Administrator, PO Box 4655, Portland, OR 97208-4655. Unless you exclude yourself, you will be in the Settlement Class, and if the Settlement is approved, will be bound by it, and release claims against Released Persons, as defined in the Settlement Agreement.
Comment or object
If you do not exclude
yourself, you or your lawyer have the right to object to or
comment on the Settlement, Class Counsel's request for attorneys' fees and
expenses and/or incentive awards, by mailing objections, in writing, to:
Class Counsel, John G. Jacobs at 122 S. Michigan Ave., Suite 1850, Chicago,
IL 60603, and Verizon's Counsel at Henry A. Weissmann, 355 S. Grand, Ave., 35 Fl., Los Angeles, CA 90071-1560 and filing the same with the Clerk of the Court at 1301 Clay Street, St. 400 S., Oakland, CA 94612 by August 17, 2012. Objections must include the objector's name, address, phone number, a detailed statement of the objection, all factual and legal support for it, evidence supporting it, including evidence of the objector's
membership in the Settlement Class and the caption and case number
appearing on the Settlement Class Notice. No one will be permitted to
appear at the final approval hearing to present an objection unless that
person has complied with the requirements set forth for filing a timely written objection.
Go to the hearing
If you would like, you
may ask to speak in Court about the Settlement. You do not need to
attend the hearing unless you wish to object in person, which is required to
preserve your right to appeal the Settlement or award of attorneys' fees. The
Court will hold a Final Approval Hearing on September 25, 2012 at 1:00 p.m.
at the U.S. District Court, Northern District California, 1301 Clay Street,
Oakland, CA 94612, Courtroom 1 to decide whether the Settlement should be approved as fair, reasonable and adequate and in the best interests of the Class and
whether to approve Class Counsel's request for attorneys' fees and expenses
and class representative incentive awards. The Court will be available to
hear objections and arguments about the Settlement. The hearing may be
changed to a different date or time without notice. No one will be
permitted to appear at the final approval hearing to present an objection
unless that person has complied with the requirements set forth for filing a
timely written objection.
Get no payment and give
up your right to sue Defendants and other released
entities regarding the issues in this case.
This is only a summary of the Settlement. For a full description of the Settlement, your rights under it, the deadlines by which you must act, and copies of relevant documents, go to www.verizonthirdpartybillingsettlement.com.
Questions or to obtain a Claim Form: Visit www.verizonthirdpartybillingsettlement.com, call 1-877-772-6219 toll free or send an email to email@example.com.