mikeymobiles

what does this mean????? How do i cash in on it???







SUPERIOR COURT OF CALIFORNIA

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-

Campbell, et al., Plaintiffs,

v.

AirTouch Cellular and Cellco Partnership,
d/b/a Verizon Wireless, et al., Defendants.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-

Case No. GIC 751725
Department 60
Hall of Justice
330 West Broadway
San Diego, California 92101




IF YOU HAD CELLULAR OR OTHER MOBILE WIRELESS TELEPHONE SERVICE WITH
VERIZON WIRELESS, AIRTOUCH CELLULAR, BELL ATLANTIC MOBILE, BELL
ATLANTIC NYNEX MOBILE, GTE WIRELESS, METRO MOBILE, NYNEX MOBILE,
PRIMECO, SOUTHWESTCO WIRELESS DOING BUSINESS AS CELLULAR ONE, COMM
NET, FRONTIER CELLULAR, US WEST CELLULAR, OR ANY OF THEIR PREDECESSORS
AT ANY TIME FROM JANUARY 1, 1991 TO NOVEMBER 2, 2003, PLEASE NOTE:

A REVISED SETTLEMENT OF VARIOUS LEGAL CLAIMS RELATING TO YOUR SERVICE
HAS BEEN PROPOSED IN THIS CLASS ACTION. THE SETTLEMENT MAY AFFECT
YOUR RIGHTS.

WHAT IS THIS CASE AND THE REVISED SETTLEMENT ABOUT?

The Plaintiffs claim that Verizon Wireless and the companies that
eventually became Verizon Wireless did not properly disclose the
conditions and limitations of your wireless service and that they
breached contracts or other obligations by failing to provide service
to you as promised, or billed you improperly, or both. Verizon
Wireless and these other companies deny those claims completely. This
revised settlement modifies a prior proposed settlement concerning
those claims. You may have received a notice or seen an advertisement
about that prior proposed settlement in May, June, or July 2002. The
Court did not give final approval to that prior proposed settlement,
but encouraged the parties to continue settlement discussions and to
address, in a revised settlement, concerns expressed by the Court and
various objectors. The parties did so, and the revised settlement
which has been preliminarily approved by the Court now offers new and
greater benefits for you than that prior proposed settlement.

WHAT DO I GET IF I REMAIN IN THE SETTLEMENT AND HOW DO I GET IT?

Current Customers who are Class members will receive in the mail or
by e-mail two vouchers. The first voucher will be good for a choice
of (i) bill credits of $15 or $30 on a new contract or a renewed
contract extending current service; or (ii) without changing your
contract, bill credits of $3 every three months beginning after the
sixth month following redemption of the voucher and continuing until
after the twenty-seventh month (for a total of up to $24), or until
the customer enters into a new contract, whichever comes first; or
(iii) 250 free text messages each month for six months; or (iv) up
to $15 in discounts on merchandise; or (v) a 120 minute long distance
calling card. The second voucher will be good for a free, hands-free
earbud with a retail value of $15, or for a $15 credit toward a
different hands-free device purchased from Verizon Wireless. The
vouchers will also contain information about how to seek additional
benefits for allegedly delayed billing (additional airtime or a long
distance calling card for proven claims), unreturned credit balances
(cash for proven claims), certain allegedly improper early
termination fees (a percentage of cash for proven claims), or
allegedly undisclosed software "locks" on handsets (reprogramming of
the handset or a long distance calling card for proven claims).
Former Customers who are Class members and who file an approved
claim will receive by mail or e-mail the same two vouchers and
information on how to make the additional claims described above.
The vouchers will be good for six months and have certain minimal
requirements for how and where they can be used or transferred.
Other than a few exceptions explained on the vouchers, they can be
used in addition to any other discount or promotion. When issued,
the vouchers will include these details and a claim form or forms
for the four additional kinds of claims Class members can make to
receive further benefits if they qualify.

All Class members can use both vouchers. If the settlement is
approved, Verizon Wireless must also, for at least two years, use a
new Customer Agreement that contains certain specific disclosures,
and must make available a new User Guide containing similar
information. These documents have been created with the help of the
Plaintiffs to address the issues raised by this lawsuit. The
settlement will also require Verizon Wireless to mail all Current
Customers a copy of the new Customer Agreement. This will not affect
the minimum duration of any existing contract you may have if you
are a Current Customer-you may choose to keep your current customer
agreement rather than accepting the new Customer Agreement by
following instructions you'll receive with the new Customer
Agreement. The Court has not taken any position on, or approved,
the new Customer Agreement.

If you are a Current Customer you won't need to do anything to
receive the vouchers in the settlement. If you are a Former Customer
you'll need to fill out a Claim Form to receive the vouchers. You
can get one at
http://ct01.customer-contact.net/fcgi-bin/eclick.cgi?
cm=21685&link=97781&em=0015196746&eid=70-l-7ey-2fZCY
or by writing to Verizon Wireless Settlement Administrator, P.O.
Box 9000 #6185, Merrick, New York 11566-9000. Both Current and Former
Customers will need to follow the instructions with the vouchers if
they want to claim any of the additional benefits offered in the
settlement.

HOW DO I KNOW IF I'M A MEMBER OF THE SETTLEMENT CLASS?

If you are receiving this with your current bill, you are a member
of the Class. Otherwise, if you're a Current Customer of Verizon
Wireless with fewer than 1,000 lines and have been since on or
before November 2, 2003, you're probably a Class member. If you're a
Former Customer of Verizon Wireless or any of the other companies
listed at the beginning of this notice, or other companies that were
their predecessors or affiliates, and had fewer than 1,000 lines,
you may also be a Class member. A more precise definition of the
Class may be found in the Settlement Agreement at
http://ct01.customer-contact.net/fcgi-bin/eclick.cgi?
cm=21685&link=97781&em=0015196746&eid=70-l-7ey-2fZCY
or you may check whether you are a member of the Class by writing
to Verizon Wireless Settlement Administrator, P.O. Box 9000 #6185,
Merrick, New York 11566-9000, and providing your name and address,
the tradename of your former wireless service provider, and the
dates of your service from that provider. The Class doesn't extend
outside the United States and doesn't include federal, state, or
local governments or government agencies, or any foreign government
or government agency.

WHAT HAPPENS NEXT AND HOW DOES IT AFFECT ME?

On November 13, 2003, Judge William C. Pate certified a settlement
Class and preliminarily approved this settlement, entering a
written order to that effect on December 1, 2003. On April 29, 2004
at 10:00a.m. he will hold a further hearing to decide
whether to make his approval final. If he grants final approval,
all members of the Class will be bound by the resulting judgment
and court orders, and eligible Class members will be entitled to
claim benefits under the settlement. If you're a Class member and
want to opt out of this settlement (that is, be excluded from it),
you must do so in writing by March 15, 2004. If you want to object
to it, you must do so in writing by March 15, 2004. If you're a
former customer and want to submit a claim, you must do so using a
written Claim Form by July 28, 2004. IF YOU DON'T OPT OUT OF THE
SETTLEMENT YOU WILL FOREVER RELEASE ANY RIGHTS YOU HAVE TO SUE
BASED ON ANY CLAIMS LIKE THOSE BEING SETTLED, EVEN IF THOSE CLAIMS
ARE ALSO PART OF ANOTHER LAWSUIT.

CAN I CHOOSE NOT TO BE PART OF THIS SETTLEMENT?

If you don't want to be part of this settlement, you must send a
request to opt out (that is, be excluded), by first class mail or
e-mail, to Defendants' Counsel, Christopher M. Mason, Nixon
Peabody LLP, P.O. Box 4553, Grand Central Station, New York, New
York 10163-4553 or to verizonwirelesssettlement@nixonpeabody.com.
Your request must be postmarked (or received, in the case of an
e-mail) no later than 45 days before the new Final Hearing date.
You must (i) refer to the "Campbell Settlement"; (ii) provide your
full name (and account name, if different), address, telephone
number, and current or former account and wireless telephone
numbers if available to you; and (iii) state that you want to be
excluded from the Class.

HOW DO I OBJECT IF I WANT TO OBJECT?

YOU MUST FILE ANY OBJECTION WITH THE CLERK OF THE COURT AT
DEPARTMENT 60, SUPERIOR COURT OF CALIFORNIA, HALL OF JUSTICE, 330
WEST BROADWAY, SAN DIEGO, CALIFORNIA 92101 AND SERVE IT ON CLASS
COUNSEL AND DEFENDANTS' COUNSEL AT THE LAWYERS' ADDRESSES BELOW
NO LATER THAN 45 DAYS PRIOR TO THE FINAL HEARING. THE OBJECTION
MUST INCLUDE (i) THE NAME OF THIS CASE; (ii) YOUR FULL NAME (AND
ACCOUNT NAME, IF DIFFERENT), ADDRESS, TELEPHONE NUMBER, AND
CURRENT OR FORMER ACCOUNT AND WIRELESS TELEPHONE NUMBER (IF
AVAILABLE); (iii) WHETHER YOU ARE A CURRENT CUSTOMER OR A FORMER
CUSTOMER; AND (iv) THE REASONS FOR THE OBJECTION AND ALL EVIDENCE
AND CITATIONS YOU BELIEVE SUPPORT IT. IF YOU OR YOUR COUNSEL WISH
TO APPEAR AT THE FINAL HEARING, YOU MUST INCLUDE WITH THE OBJECTION
A WRITTEN NOTICE IDENTIFYING WHO WILL APPEAR.

CAN YOU TELL ME MORE ABOUT THE CLAIMS IN THIS CASE?

Plaintiffs assert claims under the laws of all 50 states. They
claim that Verizon Wireless and the Verizon Wireless Entities
defined in the Revised Class Action Settlement Agreement engaged
in unfair, unlawful, or fraudulent business practices; false or
misleading advertising; violations of the California Consumers'
Legal Remedies Act and other similar laws; misrepresentation and
concealment; and breach of contract. They argue generally that
Verizon Wireless Entities failed adequately to disclose various
fees and charges and the limitations on the scope, quality, and
degree of security of their wireless service. They also argue that,
in certain instances, the billing practices of Verizon Wireless
Entities differed materially from those promised, or were unlawful
or unfair, regardless of whether they were disclosed and followed.
As examples, Plaintiffs claim that Verizon Wireless Entities failed
adequately to disclose, or otherwise improperly: billed for various
kinds of non-conversation time; billed in full minute increments;
charged "landline fees"; charged local and long distance tolls;
charged for operator assistance; charged for airtime, roaming, and
other fees on some "toll-free" calls; charged for airtime on incoming
calls; charged for "roaming" calls that should not have been "roaming";
charged multiple amounts for calls using call forwarding or
conferencing; charged for airtime when accessing voicemail or text
messages; charged early termination fees; charged "regulatory" fees
established by Verizon Wireless and not the government; failed to
return unused portions of customers' access fees upon termination;
accelerated reductions of customers' "buckets" of "anytime" airtime
before applying less expensive airtime; delayed application of
"roaming" charges so that such charges appeared in a later billing
cycle; offered "nationwide" or "coast to coast" service without
having a nationwide or similar network and while suffering from
coverage gaps or "dead zones"; sold wireless handsets usable only
for service from Verizon Wireless Entities; dropped customers'
calls; and used insecure technology. Defendants have denied all of
Plaintiffs' claims and have raised a number of legal and factual
defenses. Defendants also believe that many members of the Class
must arbitrate their disputes and therefore have no right to sue
in court.

WHY WERE THESE CLAIMS SETTLED?

Named Plaintiffs (including a number who had previously objected
to settlement of this case), Plaintiff-Intervenors, and Class
Counsel all believe that this settlement is fair, adequate, and
reasonable and that you should accept it. Their belief is based
on, among other things: (i) the uncertainty of being able to
prove their claims; (ii) the uncertainty of being able to overcome
Defendants' defenses; (iii) the risks, costs, and inherent delays
of all litigation; (iv) the uncertainty of recovery for members of
the Class otherwise; (v) the substantial benefits provided by the
settlement, and (vi) the risks of success or failure of pending
litigation in which you might possibly participate otherwise (a
list of active litigation of this kind is available at
http://ct01.customer-contact.net/fcgi-bin/eclick.cgi?
cm=21685&link=97781&em=0015196746&eid=70-l-7ey-2fZCY
They also believe that the way they reached this settlement
(including extensive mediation before the Honorable J. Lawrence
Irving, a former federal judge) has helped assure its fairness,
adequacy, and reasonableness.

WHO ARE THE LAWYERS IN THIS CASE?

Howard D. Finkelstein and Mark L. Knutson of Finkelstein & Krinsk,
501 West Broadway, Suite 1250, San Diego, California 92101 filed
this lawsuit. They are assisted by a number of other lawyers and
law firms, and may direct you to others if you contact them with
questions. These Class Counsel, including Finkelstein & Krinsk,
have extensive experience in class action litigation, including
national consumer class actions. You will not have to pay these
Class Counsel. They are asking the Court to approve fees and
reimbursement of costs, to be paid by Verizon Wireless, of up to
$5,550,000, and to make incentive awards of up to $1,000 per Named
Plaintiff and Plaintiff-Intervenor. The fees to be paid by Verizon
Wireless would be divided among 23 or more law firms, including
Finkelstein & Krinsk, which will be requesting, without objection
from Verizon Wireless, $2,800,000 of the total amount. There is
one significant consumer organization which has informed the Court
that it supports the settlement, but which has not yet agreed to
these fee terms for its outside counsel. There are also a few
individuals who, prior to preliminary approval of this settlement,
had expressed an interest in formally supporting it. If a further
agreement is reached with any of them or the consumer group,
Verizon Wireless may agree to increase the total amount to be paid
in fees. Even if Verizon Wireless agrees to an increase, the Court
will make the ultimate decision whether any fees requested by any
lawyers in this case are fair. The Defendants' Counsel are
Christopher M. Mason, Nixon Peabody LLP, 437 Madison Avenue, New
York, New York 10022 and Douglas R. Tribble, Pillsbury Winthrop
LLP, 101 West Broadway, Suite 1800, San Diego, California 92101.

WHAT IF I WANT TO KNOW MORE?

You can obtain more information, a copy of the Revised Class Action
Settlement Agreement, an opt-out form, or a Claim Form (for Former
Customers) at
http://ct01.customer-contact.net/fcgi-bin/eclick.cgi?
cm=21685&link=97781&em=0015196746&eid=70-l-7ey-2fZCY
You can also obtain additional pre-recorded information by calling,
toll free, 1-866-881-7170. DO NOT WRITE to the Clerk of the Court
or call Verizon Wireless.

This notice does not mean that the Court has made any decision
as to how it would rule on the claims or defenses asserted by
any party. This notice is not intended to be, and should not be
considered as, an expression of any opinion by the Court with
respect to the truth of the allegations or the strength of the
claims or defenses asserted in the case.

Amoeba

i got the same thing, i think you just sit back and relax.

KCPreki11

They have to win first. But I also think you have to register as a plaintiff in order to claim money in the end.

YuppieCL

trying to benefit from the hand that feeds u mikey???

YuppieCL

all that basically means is that if vzw loses u get like $0.50