IMPORTANT UPDATE: The Court granted final approval of the Settlement on March 13, 2013. Settlement Benefit checks were distributed on August 5, 2013, to eligible Settlement Class Members who filed timely and complete claims. Please remember to notify the Settlement Administrator, in writing, of all changes to your mailing address. Address changes cannot be made by telephone.
Overview of Settlement
There is a Settlement in a class action pending in the U.S. District Court for the Western District of Washington. The class action lawsuit concerns the alleged failure by AT&T Corp. to comply with the law in its delivery of a pre-recorded telephone message between July 30, 2008, and May 29, 2012. If you received the pre-recorded message during that time you may be eligible to receive a payment from the class action Settlement.
What is this lawsuit about?
This lawsuit alleges that AT&T Corp. did not comply with the Telephone Consumer Protection Act ("TCPA") and the Washington Automatic Dialing and Announcing Devices Act ("WADAD") in its program to deliver the following pre-recorded message (the "Calling Program") between July 30, 2008, and May 29, 2012:
"Hi this is AT&T calling with an important message regarding your recent long distance calling. This call is to alert you that someone in your household recently made one or more international calls which will appear on your next AT&T bill at a non-discounted rate. Thank you for using AT&T. Our number is 800-235-9920."
No judgment has been made, and AT&T Corp. has not agreed with the allegations or admitted any wrongdoing, but the parties have agreed to resolve the lawsuit with a Settlement that would provide payment to Class Members.
Who is a Class Member?
Class Members in the Settlement are:
All persons within the United States who between July 30, 2008, and May 29, 2012 received a telephone call pursuant to the Calling Program who had not selected AT&T Corp. as their presubscribed long distance carrier at the time of the call, plus all California residents who received a call under the Calling Program and were on AT&T's internal do-not-call list at the time they received the call.
Excluded from the Settlement Class are:
- Any trial judge that may preside over this case;
- Defendants, any parent, subsidiary, affiliate or control person of defendants, as well as the officers, directors, agents, servants or employees of defendants; and
- the immediate family members of any such person(s).
What does the Settlement provide?
If you are a member of the Settlement Class and received a pre-recorded message as identified above, you may be eligible to receive (a) a cash sum of $135 if you were NOT a resident of the State of Washington at the time you received the pre-recorded message, or (b) a cash sum of $270 if you were a resident of the State of Washington at the time you received the pre-recorded message.
What Are My Options?
- You could have filed a Claim Form to claim any benefits under the Settlement. The deadline to submit your Claim Form was May 13, 2013.
- You could have chosen to exclude yourself from, or object to, the Settlement. To be excluded, you must have sent a written request for exclusion postmarked by December 20, 2012.
- If you did not exclude yourself, you could have objected to the Settlement or Class Counsel's request for an award of $750,000 in attorneys' fees and costs (the "Attorneys' Fees Request"). Any objections to the Settlement or Attorneys' Fees Request, along with any supporting material, must have been filed with the Court by December 20, 2012 and must also have been served on counsel for AT&T and on Settlement Class Counsel by that date. Untimely objections and material not submitted will not be considered.
If you did not exclude yourself, you are bound by the terms of the Settlement and gave up your rights to sue AT&T or to pursue arbitration against AT&T for any claim relating to the Calling Program.
Final Approval Hearing
The Court approved the Settlement at a Fairness Hearing on March 8, 2013, at 9:00 a.m., at the District Court for the Western District of Washington, 700 Stewart Street, Seattle, Washington, 98101.