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AT&T Class Action Settlement Over Unauthorized Third Party Mobile Content Granted Preliminary Approval

A Georgia Court granted preliminary approval of a proposed nationwide class action settlement between AT&T Mobility LLC (”AT&T”) and its wireless customers relating to AT&T’s billing of third party mobile content to its wireless telephone subscribers inTracie McFerren v. AT&T Mobility LLC, Case No. 08-CV-151322. Notifications will soon go out to 70 million current AT&T Mobility customers. 

According to the AT&T Third Party Content Settlement website, you are a member of the Settlement Class and your rights are affected if you are a person (or entity) in the United States or its Territories with an AT&T Mobility account, and who was billed for third party mobile content from January 1, 2004 to May 30, 2008, and were not previously refunded for this charge.

A final approval hearing for the settlement is scheduled Dec. 8. Claims under the settlement must be filed within 90 days of the final approval of the settlement.

What Was The Lawsuit About?

The class action lawsuit, which was filed in the Superior Court of Fulton County, Georgia, on behalf of a proposed class, alleged that AT&T Mobility charged its wireless subscribers for third party mobile content that was not authorized. 

Similar lawsuits were filed and are pending in state and federal courts throughout the county, including in California, Illinois, Minnesota, New York and other states. These class actions likewise allege that AT&T Mobility charged its subscribers for third party mobile content that was not authorized.

What Does The AT&T Class Action Settlement Provide?

The settlement requires AT&T Mobility to implement certain service improvements, assurances, and monetary relief under specific circumstances. The settlement is not an admission of wrongdoing by any party.

AT&T Mobility has agreed to provide disclosures regarding mobile content in its Wireless Customer Service Agreement and on its website. In addition, AT&T Mobility will provide a telephone number and website address in all bills for customers who seek to dispute a charge. AT&T Mobility has further agreed to provide and enhance as necessary the means for its customers to freely address billing inquiries related to Third Party Mobile Content.

AT&T Mobility has agreed to refund the amount of all eligible third party mobile content charges that were billed from January 1, 2004 to May 30, 2008, and subject to the limitations concerning subscriptions that follow. These refunds will be provided to the Settlement Class members as follows:

1.    Refunds.   AT&T Mobility shall credit or refund to any former or current account holder all unauthorized charges for third party mobile content from January 1, 2004 to May 30, 2008. The refund can come in one of two forms: (1) a credit on your AT&T Mobility bill; or (b) a cash payment via first-class mail. In order to obtain this relief you must properly submit either an on-line or paper claim form postmarked within 90 days after final approval and judgment, which is expected to be March 9, 2009 (90 days after the final approval hearing currently scheduled for December 8, 2008) and follow the instructions contained on the respective form and contained in this notice.

2.    Subscription Charge Refund.   AT&T Mobility shall refund to any former or current account holder up to three times the monthly subscription amount if the charge was recurring on a monthly or other basis based on a subscription or similar arrangement from January 1, 2004 to May 30, 2008. The refund can come in one of two forms: (1) a credit on your AT&T Mobility bill; or (b) a cash payment via first-class mail. In order to obtain this relief you must properly submit either an on-line or paper claim form postmarked within 90 days after final approval and judgment, which is expected to be March 9, 2009, (90 days after the final approval hearing currently scheduled for December 8, 2008) and follow the instructions contained on the respective form and contained in this notice.

To be eligible for any refund, the charges must have been unauthorized and not previously refunded to your account. 

If you were billed for unauthorized third party mobile content on your AT&T Mobility account from January 1, 2004 to May 30, 2008, you may submit a claim form to obtain the “refunds” and/or the “subscription charge refund.” 

To receive any refund you must properly submit an on-line claim form by going to www.ThirdPartyContentRefund.com.   If you do not have access to the internet, you may obtain a claim form by downloading and printing it out or by calling the toll-free number (1-877-465-4797) and requesting a copy from the Claims Administrator. You must then mail a completed paper claim form to the Claims Administrator at PO Box 509, Minneapolis, MN 55440-0509.

Either the on-line form must be submitted or the paper form must be postmarked within 90 days after final approval and judgment, which is expected to be March 9, 2009 (90 days after the final approval hearing currently scheduled for December 8, 2008) or your claim will be rejected.

According to the AT&T Third Party Content Settlement website, follow the steps below to make claim for a Refund or Subscription Claim Refund.

Step 1 – Identify Unauthorized Third party Mobile Content Billed and Paid for By You. Identify third party mobile content charges that were billed by AT&T Mobility from January 1, 2004 to May 30, 2008. This information is located on your AT&T Mobility wireless bill. The claim form will ask you to specifically identify the third party mobile content charges that you seek to have refunded.

Step 2 – Complete a Claim Form. You must complete all information requested in the claim form and verify that the charges are unauthorized as well as the accuracy of the information provided in the claim form. Claim forms that are incomplete or are not signed will be rejected.

Step 3 – Submit On-Line Form or Mail Paper Form to Claims Administrator. Submit the completed on-line claim form following the instructions for submission or mail the completed claim form to the claims administrator.

For more information on the settlement, visit the AT&T Third Party Content Settlement website or contact Lead Class Counsel at 1-877-465-1817.

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AT&T Class Action Settlement Of Lawsuit Over Unauthorized Third Party Cell Phone Bill Charges