Important Update: On May 6, 2013, the Court issued a Settlement Order and Final Judgment on the Settlement, which can be viewed under Court Documents. Settlement checks were distributed on October 30, 2013, to Settlement Class Members who submitted valid and timely claims.
Overview of the Proposed Settlement
A settlement has been reached in a lawsuit involving allegations that, among other things, Clearwire and its vendors placed calls to cellular telephones in violation of federal and state law, as well as calls to people who asked not to be called. The case is known as Kwan v. Clearwire Corp., et. al., Case No. C09-1392-JLR.
Clearwire, on behalf of itself and its vendors, denies all allegations of wrongdoing in the lawsuit. As part of the settlement, Clearwire, and its vendors, do not admit to any wrongdoing and continue to deny the allegations against them.
The settlement provides for offsets or payments to each person who submitted a valid Claim Form by May 27, 2013 (an "Eligible Claimant"). The criteria for a valid Claim Form are described on the FAQs page. Clearwire will forgive all indebtedness owed by Class Members as of April 30, 2010, that remains unpaid as of December 7, 2012. Clearwire also will make certain changes to its calling practices and pay the costs to administer the settlement. Your legal rights are affected whether you acted or didn't act.
What Does the Settlement Provide?
Clearwire has agreed to forgive all indebtedness owed by Class Members as of April 30, 2010, that was unpaid as of December 7, 2012. To the extent Clearwire previously reported to credit reporting agencies that a Class Member owed the debt forgiven under the Agreement, Clearwire will advise those credit reporting agencies that the debt has been forgiven and will respond to future credit reporting agency inquiries by reporting the forgiveness.
Clearwire will also provide offsets or make payments to each person who submitted a valid Claim Form by May 27, 2013, (an "Eligible Claimant") that meets the requirements for payment.
Class Members also had the option to elect in writing, by submitting a valid Claim Form by May 27, 2013, to revoke consent to any autodialed, prerecorded or artificial voice calls made to their cellular telephones for any purpose.
In addition, as to its future conduct, Clearwire has agreed for a period of five (5) years after the date of Final Approval to the following:
Vendor Identification. Clearwire shall exert reasonable efforts to see that any call made to a customer for collection purposes by a vendor of Clearwire shall state the name of the vendor and that it concerns a named person, to the extent required by the FDCPA.
Identification of Called Party and Clearwire. Clearwire shall exert reasonable efforts to see that any call made to a customer for collection purposes by Clearwire shall state that the call concerns a named person and the call is from Clearwire.
Holidays. Clearwire shall exert reasonable efforts to see that neither Clearwire nor any of its vendors will call a customer with an autodialer using prerecorded messages for any purposes on Christmas Day, Thanksgiving, the Fourth of July, or any national holiday celebrated on a Monday.
What Are My Options?
|SUBMIT A CLAIM FORM||The only way to get a payment or offset under the settlement. The deadline to submit a Claim Form was May 27, 2013.|
|EXCLUDE YOURSELF||The deadline to exclude yourself from the settlement was March 28, 2013.|
|OBJECT||The deadline to object to the settlement was March 28, 2013.|
|GO TO THE HEARING||The deadline to request to speak in Court about the fairness of the settlement was March 28, 2013.|
|DO NOTHING||You will receive no payment or offset under the settlement and are giving up your rights to assert any claims against Clearwire or its vendors about the legal claims in the case. If you qualify, your debt with Clearwire, if any, will be forgiven even if you did nothing.|
The Court held a Fairness Hearing at 1:30 p.m. on Monday, May 6, 2013, at the U.S. Courthouse, 700 Stewart Street, Seattle, Washington 98101. At this hearing, the Court approved the settlement as fair, reasonable, and adequate and approved Class Counsel's Fee and Cost Application.