[Verizon Samsung Galaxy S III] arglmr:
Hey I am a Samsung Galaxy S3 user so I assume this was the best place to put this.. I received this in my email saying that Verizon was being sued. My first though is fake but has anyone else get this. They probably deserve this with taking unlimited data away.. lol

The email read this.

Notice of Proposed Settlement of Class Action

United States Federal District Court for the Northern District of California

450 Golden Gate Avenue, San Francisco, CA 94102

IF YOU ARE OR WERE A SUBSCRIBER OF VERIZON WIRELESS AND YOU PAID A $5 LATE FEE ON AN OVERDUE BILL OR A $15 RECONNECT FEE, YOUR RIGHTS MAY BE AFFECTED

• Customers of Verizon Wireless have sued that company alleging that Verizon Wireless violated their rights under California law.

• The Court has allowed the lawsuit to be a class action on behalf of all California subscribers to Verizon Wireless with personal accounts who paid a flat $5 late fee charge between from June 12, 2003 to April 26, 2012, and/or who paid a $15 reconnect fee from December 1, 2004 to April 26, 2012.

• The Court has not decided whether the plaintiffs’ claims have any merit. However, your legal rights are affected, and you have a choice to make now:

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

SUBMIT A CLAIM FORM BY OCTOBER 30, 2012

Stay in this lawsuit. Submit a Claim Form. Await the outcome. If the settlement is approved by the Court you may be eligible for a payment of money under the settlement. Be bound by the result.

By submitting a Claim Form you keep the possibility of getting money or benefits that may come from the settlement. But you give up any rights to sue Verizon Wireless separately about the same legal claims in this lawsuit. If you do not file a Claim Form before October 30, 2012, you give up your right to get money from the settlement if it is approved by the Court.

SUBMIT AN OBJECTION BY OCTOBER 2, 2012

Object to the Settlement.

Stay in the lawsuit, but submit an objection. By objecting to the settlement you give up your right to be excluded from the settlement and your right to file your own action. If you object to the settlement, you may ask a lawyer to represent you at your own cost.

ASK TO BE EXCLUDED BY OCTOBER 2, 2012

Get out of this lawsuit. Get no benefits from it. Keep your rights.

If you ask to be excluded and money or benefits are later awarded, you won’t share in those. But you keep your right to sue Verizon Wireless separately about the same legal claims in this lawsuit.

Basic Information

1. What is this notice about?

This notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you and that there is a settlement pending in the case. You have legal rights and options in this action. The lawsuit in California that is certified as a class action is known as Ruwe v. Cellco Partnership d/b/a Verizon Wireless, No. 07-cv-0369 JSW, pending in the United States Federal District Court for the Northern District of California, located in San Francisco, California.

2. What is this lawsuit about?

The lawsuit claims that Verizon Wireless violated California consumer protection law by imposing a flat $5 late fee on overdue bills, and by imposing a flat $15 reconnect fee to reinstate service on a line that has been impaired due to non-payment. The suit seeks to recover monetary damages and restitution, and declaratory and injunctive relief.

3. What is a class action and who is involved?

In a class action lawsuit, one or more people (in this case Joseph Ruwe and Elizabeth Orlando) have sued on behalf of other people (called “Class Members”) who have similar claims. One court resolves the issues for everyone – except for those people who choose to exclude themselves from the Class. The company sued in this case, Verizon Wireless, is called the Defendant.

4. Why are these lawsuits class actions?

The Court decided that this lawsuit and the settlement, if approved, can be a class action because it meets the requirements of Federal Rule of Civil Procedure 23, which govern class actions in Federal courts. More information about why the Court is allowing this lawsuit to be a class action is in the Court’s Preliminary Approval Order. To view the Court’s Preliminary Approval Order, please visit the website at

The Claims in the Lawsuit

5. What are the plaintiffs’ claims in the lawsuit?

In the lawsuit, the Plaintiffs claim that Verizon Wireless’s flat $5 late fee and $15 reconnect fee violate various California laws. You can read the Plaintiffs’ Third Amended Complaint, filed in Ruwe v. Cellco Partnership d/b/a Verizon Wireless, No. 07-cv-03679 JSW, dated December 1, 2008, through the website at

6. How does Verizon Wireless answer?

Verizon Wireless denies any wrongdoing and denies the Plaintiffs’ allegations. Verizon Wireless contends that the late fee and reconnect fee are legal and proper.

7. Has the Court decided who is right?

The Court has not decided whether Verizon Wireless or Plaintiffs are correct. By issuing this Notice, the Court is not suggesting that the Plaintiffs would have won or lost this case. This Notice is to inform you about the settlement and that you must make a decision about it.

8. What are the terms of the settlement?

The settlement provides that Verizon Wireless will pay $10 million into a fund that will include money for Class Members to be provided on a pro rata basis, after deducting payment of the costs of administering the settlement, including the costs of this notice, attorneys’ fees, costs of the litigation and any payments allowed by the Court to the named plaintiffs, known as the “class representatives.” This money is referred to here as the “Common Fund.” The settlement does not relieve Class Members of any existing or future obligations to pay any charges or fees they owe to Verizon Wireless. You can read more about the settlement through the website at

The settlement will release claims that subscribers may have against Verizon Wireless relating to $5 flat late fees and $15 reconnect fees for the period of time described above, unless the individual excludes him/her self from the settlement. Specifically, the settlement will release the claims pled or could have been pled in the Ruwe v. Cellco Partnership case.

9. How much will my payment be?

If approved by the Court, payments will be made to Class Members on a pro rata basis out of the net proceeds of the settlement (the amount available after deducting payment for payment of the costs of administering the settlement, including the costs of this notice, attorneys’ fees, costs of the litigation and any payments allowed by the Court to the named plaintiffs) based on the type and number of late or reconnect fees paid by a Class Member.

If you are an eligible Class Member, your share of the net proceeds of the settlement will be based upon the ratio of your loss to the losses of other Class Members. Verizon Wireless has provided the claims administrator with information to confirm the number of late or reconnect fees paid by any one Class Member. The exact amount that any one Class Member will be paid will depend on the number of Class Members who submit valid claims and the number of fees paid by those Class Members.

Valid claims for the $5 late fee will be valued at 1/3 of the value of valid claims for the $15 reconnect fee (reflecting the different value as the $5 late fee compared to the $15 reconnect fee). For example, if after receiving all valid claims, the claims administrator determines that late fee claims will be paid out at an amount of $2 per claim, then each valid claim for a reconnect fee will be paid out at an amount of $6 per claim. Similarly, if after receiving all valid claims, the claims administrator determines that late fee claims will be paid out at an amount of $4 per claim, then each valid claim for a reconnect fee will be paid out at an amount of $12 per claim. The claims administrator will confirm the number of late or reconnect fees paid by each Class Member through information provided by Verizon, and will disburse payments accordingly.

10. Is there any money available now?

No money or benefits are available now because the Court has not yet decided whether to approve the settlement. There is no guarantee that money or benefits ever will be obtained; however, if you want to participate in the settlement you should submit the proof of Claim Form, available through the website at

Who Is In The Class

You need to decide whether you are affected by this lawsuit.

11. Am I part of this Class?

You are a member of the Class if:

You are or were a Verizon Wireless customer in California with a contract with Verizon Wireless for personal wireless telephone service who was charged or paid a flat $5 late fee on an overdue bill from June 12, 2003 to April 26, 2012; and/or a $15 reconnect fee from December 1, 2004 to April 26, 2012.

Your Rights and Options

You have to decide whether to participate in the settlement and you have to decide this now.

12. What happens if I do nothing at all?

You must submit a Claim Form available through the website at if you want to keep the possibility of getting money from this lawsuit. Keep in mind that if you do nothing or if you submit a Claim Form you will not be able to sue, or continue to sue, Verizon Wireless – as part of any other lawsuit – under state or federal law about any issues relating to the validity of the flat $5 late fee or the $15 reconnect fee, or the propriety of their assessment or collection during the time periods described above.

Claims Forms may be submitted electronically through the website at or by first class mail to:

Verizon Wireless Settlement

c/o Gilardi & Co. LLC

P.O. Box 808054

Petaluma, CA 94975-8054

13. Why would I ask to be excluded?

If you are a member of the Class and you already have your own lawsuit or arbitration against Verizon Wireless for the claims described in paragraph 2 of this notice, and want to continue with it, you need to ask to be excluded from the Class. If you exclude yourself from the Class – which means to remove yourself from the Class, and is sometimes called “opting-out” of the Class – you won’t get any money or benefits from the settlement. However, if you exclude yourself, this lawsuit will not interfere with any rights you have to sue or continue to sue or arbitrate against Verizon Wireless in a separate case. If you elect to exclude yourself because you want to pursue your own claims against Verizon Wireless, you should assert such claims promptly to protect against them being lost due to the passage of time. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.

14. How do I ask the Court to exclude me from the Class?

To ask to be excluded, you must send a letter, postmarked by October 2, 2012, to the Class Counsel appointed by the Court:

Jeff D. Friedman

Hagens Berman Sobol Shapiro LLP

715 Hearst Ave., Suite 202

Berkeley, CA 94710.

In your letter, be sure to reference your Verizon Wireless telephone numbers if you know them and remember to sign the letter.

15. How do I object to the settlement?

If you are a Class Member, you can tell the Court that you don’t agree with the settlement or some part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. If you do not file an objection to the settlement and attend the settlement fairness hearing, discussed below, you waive your right to appeal the settlement.

To object, you must send a letter saying that you object to the settlement in Ruwe v. Cellco Partnership d/b/a Verizon Wireless. Be sure to include your name, address, telephone number, your signature, and the reasons you object to the settlement. Mail the objection to these two different places postmarked no later than October 2, 2012:

Court

Class Counsel

United States District Court, Northern District of California

450 Golden Gate Avenue

San Francisco, CA 94102

Jeff D. Friedman

Hagens Berman Sobol Shapiro LLP

715 Hearst Ave., Suite 202

Berkeley, CA 94710

Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

You have the right to consult and/or retain an attorney of your choice at your own expense to advise you regarding the settlement and your rights in connection with the settlement and the Settlement Fairness Hearing as described below. You also have the right, either personally or through an attorney retained and paid by you, to seek to intervene in the case.

16. When is the Settlement Fairness Hearing?

On November 16, 2012 at 9:00 a.m., a hearing will be held in Courtroom 11 of the San Francisco Courthouse of the United States Federal District Court for the Northern District of California, located at 450 Golden Gate Avenue, San Francisco, CA 94102, to determine whether the Settlement should be approved by the Court as fair, reasonable, and adequate, and whether judgment should be entered thereon (“Settlement Fairness Hearing”).

The Court will also consider at the Settlement Fairness Hearing the request of Class Counsel for an award of attorneys’ fees, not to exceed 30% of the Common Fund or $3 million; the request of Class Counsel for reimbursement of expenses incurred in pursing this lawsuit, not to exceed $200,000; and a request for incentive awards to each class representative not to exceed $2,500 per individual. These amounts, if awarded, will be deducted from the Common Fund.

Your attendance at the Settlement Fairness Hearing is not required. However, you may be heard orally at the Settlement Hearing in opposition to the proposed Settlement or Class Counsels’ application for attorneys’ fees and expenses, but only if you have timely filed written objections in the manner described above, including a statement that you intend to appear and be heard at the Settlement Fairness Hearing. You may also enter an appearance through an attorney, at your own expense. If you do not do so, you will be represented in the case by Class Counsel.

Pending final determination of whether the Settlement should be approved, you and your representatives are barred from filing any lawsuit asserting any claims against Verizon Wireless that relate to the settled claims as defined above.

The Lawyers Representing You

17. Do the Class Members have a lawyer in this case?

The Court appointed the law firms of Hagens Berman Sobol Shapiro LLP and Chavez & Gertler LLP to represent the plaintiffs and Class Members. Together the law firms are called “Class Counsel.” More information about these law firms, their practices, and their lawyers’ experience is available at

18. Should I get my own lawyer?

If you choose to remain in the Class, you do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will be responsible for paying that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.

19. How will the lawyers be paid?

If the settlement is approved Class Counsel will ask the Court for fees and expenses. You won’t have to pay these fees and expenses now. If the Court grants Class Counsels’ request, the fees and expenses would be deducted from the $10 million Common Fund paid by Verizon. Class Counsel has agreed not to seek more than 30% of the Common Fund, or $3 million, as compensation. Class Counsel has also agreed not to seek more than $200,000 for expenses incurred in pursuing this lawsuit. Class Counsel’s motion for fees and costs must be filed by September 18, 2012. You can object to the requests of Class Counsel by following the procedure for objecting to the Settlement described in paragraph 15.

Getting More Information

20. Are more details available?

You can view the Third Amended Complaint that the Plaintiffs submitted, the Court’s Preliminary Approval Order, and other case-related documents through the website at . You may also contact one of the lawyers by sending an email to, or by writing to: Jeff D. Friedman, Hagens Berman Sobol Shapiro LLP, 715 Hearst Avenue, Suite 202, Berkeley, California 94710. Please do not contact the Court. Please also do not contact Verizon Wireless or the lawyers for Verizon Wireless.