UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
McArdle v AT&T Mobility LLC et al., Case No. 4:09-cv-01117-CW
If you were an AT&T Customer and you were charged International Roaming Fees for Unanswered Calls between February 6, 2005 and January 31, 2009, you might be included in a class action settlement.
A federal court authorized the Notice. This is not a solicitation from a lawyer.
- The notice concerns a case called McArdle v AT&T Mobility LLC et al., Case No. 4:09-cv-01117-CW, filed in the United States District Court for the Northern District of California.
- This class action Settlement will resolve a lawsuit against AT&T Mobility LLC, New Cingular Wireless PCS LLC, and New Cingular Wireless Services, Inc. (collectively, “Defendants”). The lawsuit affects all California residents who, any time between February 6, 2005 and January 31, 2009 (“Class Period”), were charged international roaming fees by Defendants for unanswered incoming calls to their U.S.-based mobile numbers.
- The lawsuit contends that Defendants deceptively charged consumers for these fees and did not provide consumers with adequate notice that they might incur these fees. The lawsuit seeks a court order to mandate that Defendants provide additional notice of these fees and to provide a payment to customers for the fees that were fraudulently charged.
- Defendants deny any wrongdoing. They contend that they have complied with the law in all respects and at all times.
- To settle the case, Defendants have agreed to add the notice “In some countries, you may be charged international roaming rates even for calls that you do not answer” to their Wireless Customer Agreement. In addition, Defendants will provide an automatic one-day of free international roaming (a “Day Pass”) for current customers. Current customers who do not want the Day Pass can obtain a credit on their account equal to the amount of international roaming fees they were charged for one-minute calls during the Class Period, up to $50. Former customers can obtain a cash refund in an amount equal to the amount of international roaming fees they were charged for one-minute calls during the Class Period, with a minimum of $4 and maximum of $50.
- The lawyers who brought the lawsuit will ask the Court for up to $6,130,000 to be paid by Defendants as Attorneys’ Fees and Expenses for investigating the facts, litigating the case, and negotiating the Settlement. They will ask for $15,000 for the Plaintiff who brought this lawsuit. That payment is called the “Class Representative Incentive Award." A copy of the Motion for Attorneys' Fees will be posted on the Settlement Website on January 15, 2021.
- Your legal rights are affected whether you act or don’t act. Read the notice carefully.
The notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available on the Case Documents tab of this website, or contact the Settlement Administrator at McArdle v. AT&T Mobility Settlement Administrator, P.O. Box 43135, Providence RI 02940-3141 or by telephone at (844) 917-2009.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
|YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT||DEADLINE|
|The only way to receive an Account Credit or Cash Refund under the Settlement for your charges.||February 19, 2021|
|Opt-Out||Get out of the lawsuit and the Settlement. This is the only option that allows you to ever bring or join another lawsuit raising the same legal claims against the Defendants. You will receive no Account Credit, Cash Refund, or Day Pass from this Settlement.||February 19, 2021|
|File Objection||Write to the Court about any aspect of the Settlement you don’t like or you don’t think is fair, adequate, or reasonable. (If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline.)||February 19, 2021|
|Go to a Hearing||Speak in Court about the Settlement. (If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline noted above.)||March 17, 2021|
|Do Nothing||You will receive the benefit of the revised notice in the Wireless Customer Agreement. If you are a current customer, you will automatically receive the one-day, free AT&T international Day Pass. Otherwise, you will not receive any Account Credit or Cash Refund; also, you will have no right to sue later for the claims released by the Settlement.|
- These rights and options—and the deadlines to exercise them—are explained in the notice.
- The Court in charge of this case still has to decide whether to approve the Settlement. Day Passes, Account Credits and Cash Refunds will be sent to Class Members only if the Court approves the Settlement. If there are appeals, these benefits will not be sent until the appeals are resolved and the Settlement becomes effective. Please be patient.