1. John Yester's Avatar
    Anybody else get their settlement info from Verizon Wireless.

    07-11-08 11:58 AM
  2. Cole's Avatar
    What settlement paperwork? I want it!!

    Posted from my CrackBerry at wapforums.crackberry.com
    07-11-08 12:01 PM
  3. scorpiodsu's Avatar
    What paperwork?
    07-11-08 12:28 PM
  4. 05RavenR6's Avatar
    yea whats this all about??
    07-11-08 12:35 PM
  5. John Yester's Avatar
    At this time I will see if there is a PDF online. If not I will scan it in later tonight.....
    07-11-08 12:51 PM
  6. jenaywins's Avatar
    Settlement for what though?
    07-11-08 12:56 PM
  7. ediggity's Avatar
    Settlement for what though?
    http://forums.crackberry.com/f71/ver...on-fees-50297/

    Doesn't hurt to search or scroll down in the same forum...
    07-11-08 01:21 PM
  8. jenaywins's Avatar
    http://forums.crackberry.com/f71/ver...on-fees-50297/

    Doesn't hurt to search or scroll down in the same forum...
    I am well aware of the search function - thanks.
    07-11-08 01:22 PM
  9. John Yester's Avatar
    Mann v. Cellco Partnership d/b/a Verizon Wireless


    Notice of Class Action and of Proposed Settlement
    UNITED STATES DISTRICT COURT
    EASTERN DISTRICT OF PENNSYLVANIA
    DANIEL J. MANN, on behalf of himself
    and all others similarly situated,
    Plaintiff,
    v.
    CELLCO PARTNERSHIP d/b/a
    VERIZON WIRELESS,
    Defendant.
    Case No. 06-5370
    NOTICE OF CLASS ACTION AND OF PROPOSED SETTLEMENT

    TO: All present and former customers of Cellco Partnership d/b/a Verizon Wireless (€œVerizon Wireless€) who (i) had Verizon Wireless Cellular Service at any time between July 1, 2005 and March 16, 2006; (ii) experienced an Extended Dormant Data Session (defined below) while using a cell phone between July 1, 2005 and March 16, 2006; (iii) were on a Minute of Use Data Plan at the time of the Extended Dormant Data Session; and (iv) incurred an Overage Charge (defined below) for exceeding the monthly airtime allowance during the same billing cycle in which he or she experienced an Extended Dormant Data Session.
    This applies to cell phones and does not apply to PC card use or use of Personal Digital Assistants or similar wireless devices.
    PLEASE READ THIS NOTICE CAREFULLY. IT MAY AFFECT YOUR LEGAL RIGHTS.
    THIS NOTICE IS NOT A NOTIFICATION THAT YOU HAVE BEEN SUED. INSTEAD, IT IS A NOTICE THAT YOU MAY BE ENTITLED TO RECOVER MONEY.
    The purpose of this Notice is to advise you of a proposed Settlement of certain claims raised in a lawsuit and of a hearing (€œFairness Hearing€) to consider the Settlement to be held on September 24, 2008, at 2:00 p.m., before the Honorable Jan E. DuBois, in Courtroom 12-B, United States Courthouse, 601 Market Street, Philadelphia, Pennsylvania 19106.
    This Notice explains that you may be a member of a Settlement Class of individuals who were Verizon Wireless customers between July 1, 2005 and March 16, 2006 and who experienced an Extended Dormant Data Session (defined below) and incurred an Overage Charge (defined below) as a result. If so, you may be entitled to receive a refund or credit from Verizon Wireless.
    SI USTED DESEA OBTENER UNA COPIA DE ESTE DOCUMENTO LEGAL EN ESPAñOL FAVOR DE ACTUAR IMMEDIATAMENTE Y ESCRIBIR O LLAMAR A:
    Mann v. Cellco Settlement Administrator
    P.O. Box 822
    Minneapolis, MN 55440-0822
    Teléfono: (877) 465-3298
    I. DESCRIPTION OF THE LAWSUIT
    The lawsuit claims that Verizon Wireless improperly charged customers for cell phone use for something called data sessions. A data session occurs when a cell phone is used for things like accessing the Internet. The data sessions at issue in this lawsuit are referred to as €œExtended Dormant Data Sessions€ (defined below). The lawsuit claims that by charging for those data sessions, Verizon Wireless breached contracts with its customers, improperly received money from its customers, was unjustly enriched, and violated debt collection and consumer protection laws.
    Verizon Wireless contends that while one or more customers may have been billed inadvertently for the Extended Dormant Data Sessions, its policy was to provide credit for such instances. Verizon Wireless denies any wrongdoing, but both parties believe it is in the best interest of everybody, including Settlement Class Members, to enter into this Settlement.
    II. WHAT DO ALL OF THESE TERMS MEAN?
    €œExtended Dormant Data Session€ - In addition to voice service, Verizon Wireless offers data services to its customers, including wireless Internet access (called Mobile Web 2.0), the ability to browse, preview, download and purchase games, music, and video clips (through the Verizon Wireless Get It Now® software store) and the ability to send and receive picture and video messages. An €œExtended Dormant Data Session€ is a data session that accidentally lasted longer than 60 minutes and during which very little or no data was transferred (the session was €œdormant€). These Extended Dormant Data Sessions occurred as a result of software issues in certain cell phones and may have resulted in airtime charges in excess of a customer€™s monthly airtime allotment.
    €œOverage Charge€ - Generally, an overage charge is a charge for going over your monthly allowance of minutes. In this case, the Extended Dormant Data Sessions may have caused a customer to exceed the monthly minute allowance included in his or her calling plan. If so, a per-minute charge would have been imposed for the number of minutes used beyond the monthly allowance. For purposes of this case, an €œOverage Charge€ refers to such a charge.
    €œMinute of Use Data Plan€ - Some customers have calling plans under which the amount of time that a data session lasts is deducted from the customer€™s monthly minute allowance, or charged at a per-minute rate if the monthly minute allowance has been exceeded. This is referred to as a Minute of Use Data Plan.
    III. AM I IN THE SETTLEMENT CLASS?
    The Court has given preliminary approval of a €œSettlement Class€ consisting of all present and former customers of Verizon Wireless who (i) had Verizon Wireless Cellular Service at any time between July 1, 2005 and March 16, 2006; (ii) experienced an Extended Dormant Data Session between July 1, 2005 and March 16, 2006; (iii) were on a Minute of Use Data Plan at the time of the Extended Dormant Data Session; (iv) incurred an Overage Charge for exceeding the monthly airtime allowance during the same billing cycle in which they experienced an Extended Dormant Data Session; (v) while using a cell phone and not a PC card, Personal Digital Assistant or similar wireless device.
    If you fall within the foregoing Settlement Class definition, you will be a Settlement Class Member. YOU DO NOT NEED TO TAKE ANY ACTION IN ORDER TO REMAIN IN THE SETTLEMENT CLASS, BUT IF YOU WANT TO RECEIVE THE BENEFITS FROM THE SETTLEMENT, YOU MUST SEND IN THE CLAIM FORM DESCRIBED BELOW.
    Being a Settlement Class Member means that, if the Settlement is approved by the Court, you will have the right to participate in the Settlement and become eligible for the Settlement benefits described in this Notice. If the Settlement is approved by the Court, all Settlement Class Members will release all claims, actions and causes of action that were asserted in the Lawsuit.
    The Court has approved as Settlement Class representative (the €œSettlement Class Representative€) plaintiff Daniel Mann.
    IV. WHAT DO I GET UNDER THE PROPOSED SETTLEMENT?
    If you are a Settlement Class Member, you are entitled to a refund or credit of any charge you paid as a result of the Extended Dormant Data Session. Specifically, if the Settlement receives final approval by the Court, the Settlement provides the following benefits to those Settlement Class Members who submit a fully completed Claim Form:
    a. Current Verizon Wireless Customers who submit an approved Claim Form will be entitled to a bill credit in the amount of the Overage Charge incurred as a result of the Extended Dormant Data Session, less any credit or refund already received in connection with an Extended Dormant Data Session.





    07-11-08 10:09 PM
  10. John Yester's Avatar
    b. Former Verizon Wireless customers who submit an approved Claim Form will be entitled to a refund in the amount of the Overage Charge incurred as a result of the Extended Dormant Data Session, less any credit or refund already received in connection with an Extended Dormant Data Session.
    NOTE: No benefits will be made available until after approval of the Settlement by the Court becomes final.
    V. HOW DO I GET MY SETTLEMENT REFUND OR CREDIT?
    You MUST timely submit a complete Claim Form, postmarked by September 8, 2008, in order to claim your refund or credit. To be valid, a Claim Form must: (i) be fully completed; (ii) be certified by the Settlement Class Member; and (iii) be timely mailed to the Settlement Administrator. As part of the procedure, you must sign a Certification providing that you are the person to whom this Notice was addressed (or the authorized representative of the company to which it was addressed) and that you (i) experienced an Extended Dormant Data Session; (ii) incurred an Overage Charge in the amount identified on the Claim Form during the same billing cycle in which you experienced an Extended Dormant Data Session; and (iii) did not receive a full credit or full refund for any such Overage Charge.

    VI. WHAT IF I DON€™T HAVE COPIES OF MY BILLS FROM JULY 2005 TOMARCH 2006?
    If you do not have copies of your bills, you can get copies free of charge by calling the Settlement Administrator toll-free at (877) 465-3298. These copies will be mailed to the billing address on your account at no cost to you.
    Verizon Wireless€™s records indicate that you may have experienced an Extended Dormant Data Session during the following month(s):
    The Settlement Administrator can provide you with a copy of the bill from the month(s) indicated, as well as any additional bills from July 2005 to March 2006 that you would like to review.
    VII. HOW CAN I TELL IF I EXPERIENCED AN EXTENDED DORMANTDATA SESSION?
    You will need to review the €œusage detail€ sections of your bills. Look under the heading for €œMinutes€ for a time longer than 60 minutes and under the heading €œUsage type€ for the letter U (alone or in combination with any other letter). If you have a time longer than 60 minutes in the same line as the letter U, you may have experienced an Extended Dormant Data Session. If you do not have a time longer than 60 minutes in the same line as the letter U, then you have not experienced an Extended Dormant Data Session and should not submit a Claim Form.
    VIII. HOW CAN I FIGURE OUT THE AMOUNT OF MY CREDIT OR REFUND?
    On page 1 of your bill, review the line for €œUsage charges.€ If there is no charge, you were not affected by the Extended Dormant Data Session and should not submit a Claim Form.
    If there is a Usage charge, you must subtract any charges on the bill for data products and services (text messaging, picture messaging, downloads) and 411 Connect. You must also subtract any Usage charges for airtime that are not related to the Extended Dormant Data Session. The remaining amount is the Overage Charge, which should be filled in on Line 3 of the Claim Form.
    IX. HOW MUCH MONEY WILL THE ATTORNEYS GET AND WHO WILL PAY IT?
    The attorneys for the plaintiff and the Settlement Class will submit to the Court for approval a request for attorneys€™ fees and expenses, to be paid by Verizon Wireless, in an amount not to exceed $450,000.
    The Judge determines the amount of any fees and expenses awarded to plaintiff€™s counsel. The attorneys€™ fees WILL NOT be deducted from the credits or refund payments made to the Settlement Class. The amount of money that any individual Settlement Class Member may receive will not depend upon the amount of fees or expenses awarded to counsel or the number of Claim Forms submitted.
    X. HOW ABOUT THE INDIVIDUAL WHO BROUGHT THE CASE?
    WHAT DOES HE GET?
    The attorneys for the plaintiff and the Settlement Class will submit to the Court for approval a request for an individual settlement award, to be paid by Verizon Wireless, to plaintiff Daniel J. Mann (the individual who first brought the case), in an amount not to exceed $5,000.
    The Court will determine the amount of any individual settlement award to Daniel J. Mann, which will not be deducted from the credits or refund payments made to the Settlement Class. The amount of money that any individual Settlement Class Member may receive will not depend upon the amount of any individual settlement award to Mr. Mann.
    XI. WHAT ARE MY OPTIONS?
    If you are a member of the Settlement Class and have received this Notice, you will have the following options:

    • File a claim if you meet the criteria set out in paragraph V above.
    • Do nothing, thereby giving up the possibility of receiving any Settlement Class relief.
    • Stay in the Settlement Class and file an objection if you disagree with any part of the Settlement or the request for attorneys€™ fees or expenses.
    • Exclude yourself from the Settlement Class, which means you will not participate in any of the financial benefits from the proposed Settlement, will not be bound by the releases made or judgment entered in connection with the Settlement, and will not be permitted to object to any part of the Settlement.
    The following sections explain the consequences of pursuing each option.
    a. What happens if you file a claim?
    If you are a Settlement Class Member and you complete and mail the enclosed Claim Form, and if the mailed Claim Form is approved by the Settlement Administrator, and not successfully challenged pursuant to the procedures set forth in the settlement agreement, you will receive the credit or refund described above once the Settlement has become final.
    Unless you submit a request for exclusion (see section d below), you will be deemed to have released all of the claims asserted by the plaintiff.
    The enclosed Claim Form provides directions as to how the Claim Form should be filled out.
    If you file a Claim Form, the attorneys for the Settlement Class will act as your representatives while your claim is processed, at no cost to you.
    b. What happens if you do not file a claim?
    Under the terms of the Settlement, if you do not file a Claim Form, you will not receive any credit or refund. If you do not file a claim or submit a request for exclusion, and the Court approves the Settlement, you nevertheless will be deemed to have released all of the claims asserted in the lawsuit.
    c. How do I file an objection?
    You must state your objection in writing and file it with the Court postmarked no later than September 8, 2008. The objection should be addressed to the Clerk of Court, United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA 19106, and marked to indicate €œObjections to proposed Settlement in Mann v. Verizon Wireless, Case No. 06-5370.€
    You must simultaneously mail your objection to both of plaintiff€™s attorneys:
    David A. Searles and James A. Francis Donovan Searles, LLC
    Francis & Mailman, P.C. 1845 Walnut Street,
    100 South Broad Street, 19th Floor Philadelphia, PA 19103
    Philadelphia, PA 19110
    And to defendant€™s attorneys:
    Robert C. Heim, Esq.
    Dechert LLP
    2929 Arch Street
    Philadelphia, PA 19104
    Included in any such objection must be a statement of the basis for your objection and a declaration under penalty of perjury stating that you are a member of the Settlement Class as described in section III above. If you do not properly file and serve an objection by the required date, any objections you may have to the Settlement will be waived.
    d. How do I exclude myself from the Settlement Class?
    You can exclude yourself from the Settlement Class, which means you will not participate in any aspect of the Settlement and you may pursue your own claims, if any, at your own expense against the defendant. To exclude yourself, you must state your request to be excluded in writing and deliver or postmark your request no later than September 8, 2008 to Mann v. Cellco Settlement Administrator, PO Box 822, Minneapolis, MN 55440-0822.
    XII. WHEN WILL THE COURT HAVE THE APPROVAL HEARING?
    The Court will conduct a public hearing to determine whether to approve the proposed Settlement, and determine the amount of fees and expenses to be awarded to the attorneys for the plaintiff and the Settlement Class and payment of the individual settlement award to the Settlement Class Representative, on September 24, 2008, at 2:00 p.m., before the Honorable Jan E. DuBois, in Courtroom 12-B, United States Courthouse, 601 Market Street, Philadelphia, PA 19106. Although the hearing will be open to the public, you will not be permitted to speak in opposition to the issues above at the hearing unless you have filed a timely objection to the Settlement, the attorneys€™ fees and expenses, or the individual settlement award in the manner described above. If you have filed an objection, you may appear with your own counsel and be heard at the hearing.
    07-11-08 10:10 PM
  11. ShortStop51001's Avatar
    well i never got one of these!!! darn i want one!!
    07-12-08 06:51 PM
  12. John Yester's Avatar
    Ya I was not expecting it. but they says that i may have gotten a over charge 10/2005 and i can request past bills for free if i call.
    07-12-08 06:53 PM
  13. 05RavenR6's Avatar
    so wait, you just got the info sent to you outta nowhere? You were not informed of the suit against them and then suddenly papers appeared in the mail for you to file suit against them? I've been a Verizon customer for about 4 years now. Should I be getting something? And this whole "dormant data" thing, is that just for data useage or actual airtime/minutes usage? Im so confused lol
    This is why I sell cars and didnt chose to be a lawyer in school...shoulda put that damn pipe down in highschool
    07-12-08 07:26 PM
  14. John Yester's Avatar
    Yep, just sent to me.....


    It's not suit paperwork, it;s more of a settlement offer... I can proceed if i wish by Sept 19, 2008
    07-12-08 07:32 PM
LINK TO POST COPIED TO CLIPBOARD