Frequently Asked Questions

  1. What is the Notice about?
  2. What lawsuits are involved in these Settlements?
  3. What are the Class Actions about?
  4. Am I a Class Member?
  5. What benefits do the Settlement Agreements provide?
  6. Is there any money available now?
  7. How do I exclude myself from the Settlement Classes?
  8. Can I object to the Settlements?
  9. Do the Settlement Classes have a lawyer?
  10. How will Class Counsel be paid?




1. What is the Notice about?

The parties sent the Notice to inform potential Class Members about Settlements of certain class action lawsuits. The Notice explains:

  • What the lawsuits and the Settlements are about.
  • Who the Settlements affect.
  • Who represents the Class Members in the lawsuits.
  • What your legal rights and choices were.
  • How and by when you needed to act.

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2. What lawsuits are involved in these Settlements?

The class action cases involved in these Settlements are as follows (collectively, the “Class Actions”):

  • Lozano v. AT&T Wireless Services, Inc., et al., Case No. CV 02-00090 CAS (AJWx) (Central District of California);
  • Randolph, et al. v. AT&T Wireless Services, Inc., et al., Case No. RG05193855 (Alameda Superior Court, California);
  • Schnall, et al. v. AT&T Wireless Services, Inc., et al., Case No. 02-2-05776-4 (King County Superior Court, Washington);
  • Stern v. AT&T Mobility Corp., et al., Case No. CV 05-08842 CAS (CTx) (Central District of California) (“Stern I”); and
  • Stern v. New Cingular Wireless Services, Inc., et al., Case No. SACV 09-01112 CAS (AGRx) (Central District of California) (“Stern II”).

Although five cases are involved in the Settlement Agreements, one judge, Judge Christina A. Snyder of the United States District Court for the Central District of California (the “Court”), approved all of the Settlements.

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3. What are the Class Actions about?

The Class Actions allege that AWS violated state and federal laws by imposing:

  1. charges for mMode, if subscribers did not authorize the charges or did not understand the disclosures about the charges;
  2. charges for EDID, if subscribers did not authorize the charges or did not understand the disclosures about the charges;
  3. charges for cellular telephone calls during a billing period other than the billing period in which the calls were made, if subscribers did not understand the disclosures about the charges; and
  4. the Universal Connectivity Charge (“UCC”), if subscribers were not aware at the time of subscribing that the UCC would be charged.

AWS strongly denies any wrongdoing, but has agreed to settle to avoid the burden and cost of further litigation.

AT&T Wireless Services, Inc., was merged out of existence in 2004, when it combined with Cingular Wireless. Subsequently, Cingular Wireless merged with AT&T Mobility. These lawsuits do not concern the conduct or billing practices of Cingular Wireless or AT&T Mobility.

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4. Am I a Class Member?

The Settlement Agreements involve the following classes (the “Settlement Classes”).

  • You are a member of the Stern I Settlement Class if:
  • You are a resident of the United States or its territories who subscribed with AWS for wireless telephone service, whether as a new customer or as a preexisting customer, at any time from December 20, 2001 through the Effective Date of the Stern I Settlement Agreement (the “Stern I Class Period”), and who at any time during the Class Period was billed and paid, but was not refunded in full, for mMode and/or EDID.
  • You are not a:
  • current or former employee, officer, director, agent, or legal representative of AWS or AT&T Mobility (“ATTM”) and their affiliated entities;
  • government agency;
  • subscriber to any pre-paid rate plan;
  • person with a Corporate B2B account; or
  • person who has an outstanding balance due on your AT&T Wireless account that was terminated during the Stern I Class Period, of eight dollars ($8.00) or more (determined as of the first date that Notice was provided to the Settlement Class).
  • You are a member of the Lozano Settlement Class if:
  • You are a resident of the State of California, who initiated cellular telephone service with AWS under a “One Rate-type” plan on or after March 1, 1999, and who, at any time between March 1, 1999 and the Effective Date of the Lozano Settlement Agreement (the "Lozano Class Period"), was charged by AWS for cellular telephone calls during a billing period other than the billing period in which the calls were made ("Out-of-Cycle Billing").
  • "One Rate-type" plans include, but are not limited to, all Digital One Rate Plans, AT&T Personal Network $29.99, AT&T Advantage Business plans, AT&T Advantage $49.99 Digital, AT&T Digital PCS $24.99 Plan, AT&T Digital PCS $39.99 Plan, AT&T Digital Pcs $69.99 Plan, AT&T Digital Pcs $99.99 Plan, AT&T Advantage Bus 500 Digital, AT&T Business Pool Digital, AT&T Advantage Simple Rate, AT&T Adv $24.99 Digital, AT&T Adv $34.99 Digital, AT&T Adv $39.99 Digital, AT&T Adv $49.99 Digital, AT&T Adv $69.99 Digital, AT&T Adv $99.99 Digital, AT&T Digital Pcs $19.99 Plan, AT&T Advantage Small Bus 2 Digital Pcs, AT&T Advantage Region Corp 10, AT&T Advantage Region Corp 1, AT&T Advantage Region Corp 3, AT&T Advantage Region Corp 4, AT&T Advantage Region Corp 5, AT&T Advantage Region Corp 6, AT&T Advantage Region Corp 8, AT&T Advantage Companion Dig, AT&T Advantage Region Corp 11, AT&T Advantage Plus $19.95, AT&T Advantage Plus $24.99, AT&T Advantage Plus $39.99, AT&T Advantage Plus $49.99, AT&T Advantage National I Digital, National Plan - D, AT&T Advantage Nat'l Account, AT&T Advantage Flex 50, and AT&T Advantage State Digital.
  • You are not a:
  • current or former employee, officer, director, agent, or legal representative of AWS or ATTM and their affiliated entities;
  • government agency;
  • subscriber to any pre-paid rate plan;
  • person with a Corporate B2B account; or
  • person who has an outstanding balance due on your AT&T Wireless account that was terminated during the Lozano Class Period, of eight dollars ($8.00) or more (determined as of the date Notice was provided to the Settlement Class).
  • You are a member of the UCC Settlement Class if:
  • You are a resident of the United States or its territories and an AWS customer who paid, and was not previously refunded or credited, Universal Connectivity Charges between March 1, 1999 and the Effective Date of the UCC Settlement Agreement.
  • You are not a:
  • current or former employee, officer, director, agent, or legal representative of AWS or ATTM and their affiliated entities;
  • government agency;
  • subscriber to any pre-paid rate plan;
  • person with a Corporate B2B account; or
  • person who had an outstanding balance due on his or her account with AWS at the time that his or her AWS service was terminated, unless such outstanding balance and all associated fees have been paid in full.

You may be a member of more than one of these Classes.

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5. What benefits do the Settlement Agreements provide?

Class Members who submitted a Claim Form that was approved will be eligible for the following payments:

  • Stern I Settlement Class Members:
  • If you did not understand what mMode meant when it appeared on your bill or did not authorize AWS to bill you for mMode and if you submitted an Approved Claim Form, then you will receive a benefit in the form of a check in the amount of $8.00.
  • If you did not understand what EDID meant when it appeared on your bill or did not authorize AWS to bill you for it and if you submitted an Approved Claim Form, then you will receive a benefit in the form of a check in the amount of $10.00.
  • You may receive one benefit per line charged for mMode and one benefit per line charged for EDID.
  • You could have submitted a Claim Form, and may receive benefits, for both mMode and EDID if both claims were Approved Claims.
  • All former customers of AWS, including, but not limited to, those who are current customers of AT&T Mobility, who are Class Members and otherwise meet the eligibility requirements, could seek benefits in the Settlements.
  • Lozano Settlement Class Members:
  • If you did not understand when you signed up for a One Rate-type plan with AWS that calls made during one billing period may be charged as if made in another billing period ("Out-of-Cycle Billing") and if you submitted an Approved Claim Form, then you will receive a benefit in the form of either:
  1. a check in the amount of $8.00; or
  2. an AT&T Phone Card for 250 minutes of state-to-state calling, subject to the terms and conditions provided on this website.
  3. All former customers of AWS, including, but not limited to, those who are current customers of AT&T Mobility, who are Class Members and otherwise meet the eligibility requirements, could seek benefits in the Settlements.
  • You were required to select one benefit or the other. If you did not select a benefit, then, by default, you will be provided with the AT&T Phone Card benefit.
  • You may receive only one benefit per line.
  • All former customers of AWS, including, but not limited to, those who are current customers of AT&T Mobility, who are Class Members and otherwise meet the eligibility requirements, could seek benefits in the Settlements.
  • UCC Settlement Class Members:
  • You may receive a benefit in the form of a check in the amount of $7.00 if:
  1. You submitted an Approved Claim Form;
  2. You were not aware at the time you subscribed that the UCC would be charged;
  3. It would have made a difference to you had you known about the UCC at the time you subscribed; and
  4. If you are a former AWS customer who is not a current customer of AT&T Mobility, your AWS account was paid in full prior to submitting a Claim Form.
  • You may receive one benefit per line charged.
  • All former customers of AWS, including, but not limited to, those who are current customers of AT&T Mobility, who are Class Members and otherwise meet the eligibility requirements, could seek benefits in the Settlements.
  • Additional Benefits:
  • ATTM has notified its company-owned retail stores in the United States and ATTM customer care representatives (in call centers handling consumer calls and inquiries) of the terms of each of the Settlement Agreements, and instruct them to respond to customer inquiries accordingly.
  • Within thirty days of the Effective Date of the Lozano Settlement Agreement, ATTM provided a modified disclosure of the practice of out-of-cycle billing to all of its One Rate-type plan customers.

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6. Is there any money available now?

Only persons who submitted a Claim Form by the February 13, 2011 deadline will be able to participate in the distribution of benefits. Review is underway of timely claims submitted by members of the Stern I and Lozano Settlement Classes. An appeal has been filed of the Stern II Final Approval Order and the Stern II Fee Order. Review of timely claims submitted by members of the UCC Settlement Class will commence after resolution of the appeal.

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7. How do I exclude myself from the Settlement Classes?

The deadline to exclude yourself from the Settlement Classes was September 29, 2010.

If you excluded yourself from all of the Settlements, you will not get any money or other benefits from any of the Settlements. However, if you excluded yourself, you keep your right to sue or continue to sue or arbitrate against AWS in a separate case on an individual basis on your own behalf on any issues that are part of the Settled Claims in the Settlements from which you have excluded yourself.

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8. Can I object to the Settlements?

The deadline to object to the Settlements was September 29, 2010. All objections that were filed by the deadline of September 29, 2010 were considered at the Fairness Hearing on November 15, 2010. If you did not file an objection, you waived your right to appeal any Court order or judgment related to the Settlements.

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9. Do the Settlement Classes have a lawyer?

Yes. The Court appointed the law firms of Arias Ozzello & Gignac LLP, Foley Bezek Behle & Curtis LLP, Breskin Johnson & Townsend PLLC, the Houck Law Firm P.S., and Sundeen, Salinas & Pyle to represent you and the other Class Members. They are called “Class Counsel.” More information about these law firms, their practices, and their lawyers is available at www.aogllp.com, www.foleybezek.com, www.bjtlegal.com, www.houcklaw.com and/or www.ssrplaw.com.

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10. How will Class Counsel be paid?

Class Counsel moved the Court for an award of reasonable attorneys’ fees and reimbursement of expenses incurred as a result of each of the Class Actions. The motion(s) by Class Counsel for attorneys’ fees, for reimbursement of expenses and for incentive awards for the Class Representatives were filed with the Court by September 15, 2010. If you wish to review them, please visit the Court Documents page.

Class Counsel have agreed to limit their requests as follows:

  • Class Counsel in Stern I applied for an award of reasonable attorneys’ fees in an amount not to exceed $2,725,000 and expenses in an amount not to exceed $45,000.
  • Class Counsel in Lozano applied for an award of reasonable attorneys’ fees in an amount not to exceed $4,625,000 and verifiable expenses in an amount not to exceed $105,000.
  • Class Counsel in Randolph and Schnall applied for an award of reasonable attorneys’ fees in an amount not to exceed $5,300,000 and verifiable expenses in an amount not to exceed $450,000.
  • Counsel for Heather Stern in Stern II applied for an award of reasonable attorneys’ fees in an amount not to exceed $350,000 and verifiable expenses in an amount not to exceed $10,000.

ATTM has agreed to pay any attorneys’ fees and expenses that the Court awards up to these amounts. The money for these attorneys’ fees and expenses will not be paid by the Class Members or from the benefits provided to Class Members.

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