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IF YOU
WERE A CUSTOMER OF SPRINT SPECTRUM, LP WITH A U.S.,
BUT NOT CALIFORNIA, BILLING ADDRESS, WHO --- BETWEEN
MAY 1, 2000 AND JANUARY 1, 2007 --- WAS CHARGED AN
EARLY TERMINATION FEE WHICH WAS MORE THAN THE
AGGREGATE RECURRING CHARGES WOULD HAVE BEEN HAD YOU
MAINTAINED SERVICE TO THE END OF YOUR CONTRACT TERM,
A CLASS ACTION ARBITRATION MAY AFFECT YOUR RIGHTS
A
California Arbitrator authorized this notice. This
is not a solicitation from a lawyer.
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Cell phone customers in the
United States have sued Sprint Spectrum LP,
("Sprint") alleging that Sprint violated the law
by charging its customers early termination
fees.
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The Arbitrator has allowed
the arbitration to be brought as a class action
on behalf of all customers of Sprint Spectrum,
LP with U.S., but not California, billing
addresses, who --- between May 1, 2000 and
January 1, 2007 --- were charged an early
termination fee which was more than the
aggregate recurring charges would have been had
the customer maintained service to the end of
the contract term.
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The Arbitrator has not
decided whether Sprint did anything wrong. There
is no money available now, and no guarantee
there will be. However, your legal rights may be
affected, and you have a choice to make now.
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YOUR LEGAL
RIGHTS AND OPTIONS |
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WHAT IS THIS? |
The Arbitrator has certified this
arbitration as a class action. The
arbitration challenges the imposition
and collection of early termination fees
charged between May 1, 2000 and January
1, 2007, claiming that they are in
violation of law where the amount of the
early termination fee was more than the
aggregate recurring charges would have
been had the customer maintained service
to the end of the contract term. Sprint
contends that the early termination fees
are legal.
Lawyers must prove the claims
against Sprint at an arbitration
hearing, which has yet to be scheduled. |
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DO NOTHING |
Stay in the arbitration. Await the
outcome. Give up your ability to
individually sue Sprint to challenge
early termination fees.
If you do nothing and stay in the
arbitration, you will participate in
this proceeding and you may receive
money or benefits that may come after
arbitration or settlement, or nothing.
You will give up any rights to sue
Sprint separately concerning the same
legal claims as this arbitration and you
will be bound by all orders the
Arbitrator enters and any award reached
in the arbitration. If money or
benefits are obtained from Sprint, you
will be notified about how to ask for a
share. You may also hire your own
individual lawyer to appear at
arbitration for you, although you are
under no obligation to do so, and Class
Counsel are representing you at no cost
to you; if you do hire an individual
lawyer, you have to pay that lawyer. |
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EXCLUDE YOURSELF |
Get out of this
arbitration. Get no benefits from this
arbitration. Keep your right to
individually sue Sprint and separately
challenge early termination fees.
If you exclude yourself, you will no
longer be part of this arbitration. If
money or benefits are later awarded, you
will receive none. But, you keep any
rights to sue Sprint separately
concerning the same legal claims as this
arbitration. |
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Regardless of whether you
stay in the arbitration or exclude yourself,
your cell phone service will not be affected.
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Your options - and the
deadlines to exercise them - are explained in
this notice. To ask to be excluded, you must act
before November 1, 2008.
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Lawyers must
prove the claims against Sprint at an
arbitration hearing, which has yet to be
scheduled. If money or benefits are obtained
from Sprint, you will be notified about how to
ask for a share.
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BASIC
INFORMATION |
1. Why
should I read this notice?
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Your rights may be affected if
you were a customer of Sprint Spectrum, LP with a
U.S., but not California, billing address, who ---
between May 1, 2000 and January 1, 2007 --- was
charged an early termination fee which was more than
the aggregate recurring charges would have been had
you maintained service to the end of the contract
term. This notice explains that the Arbitrator has
allowed, or "certified," a class action arbitration
that may affect you. You have legal rights and
options that you may exercise before the Arbitrator
holds an arbitration. The arbitration is to decide
whether the claims being made against Sprint, on
your behalf, are correct. Judge Stephen Haberfeld
of JAMS is overseeing this class action. The
arbitration is known as Smith v. Sprint Spectrum,
LP.
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2. What is
this arbitration about?
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This arbitration
is about the early termination fees charged to cell
phone customers. The class representative claims
that the early termination fees charged by Sprint
are unlawful and unfair penalties where the amount
of the early termination fee was more than the
aggregate recurring charges would have been had the
customer maintained service to the end of the
contract term.
Based upon these
claims, the class representative asks for changes in
Sprint's practices and for damages and restitution
of the early termination fees wrongfully collected.
Sprint denies
that it did anything wrong and says that the early
termination fees they charged to customers are not
unlawful.
The Arbitrator
hasn't decided whether the class representative or
Sprint is correct. Lawyers must prove the claims
against Sprint at an arbitration hearing, which has
yet to be scheduled.
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3. Who is
included in this Class?
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You may be a
member of the Class if you were a customer of Sprint
Spectrum, LP with a U.S., but not California,
billing address, who --- between May 1, 2000 and
January 1, 2007 --- was charged an early termination
fee which was more than the aggregate recurring
charges would have been had you maintained service
to the end of the contract term.
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YOUR
RIGHTS AND OPTIONS |
You have to
decide whether to stay in the Class or ask to be
excluded before the arbitration, and you have to
decide this now.
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4. What
happens if l do nothing at all?
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You don't have
to do anything now if you want to keep the
possibility of getting money or benefits from this
arbitration. By doing nothing, you are staying in
the Class. If you stay in and the Class is awarded
money or benefits, either as a result of the
arbitration or a settlement, you will be notified
about how to apply for a share.
Keep in mind
that if you do nothing now, regardless of whether
the Class Representative wins or loses the
arbitration, you will not be able to separately sue,
or continue to sue Sprint, for the same legal claims
that are the subject of this arbitration. You will
also be legally bound by all of the Orders the
Arbitrator issues and awards the Arbitrator makes in
this class action.
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5. Why would
I ask to be excluded?
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If you exclude
yourself from the Class - which is sometimes called
"opting-out" of the Class ‑ you won't get any money
or benefits from this arbitration. However, you may
then be able to separately sue or continue to sue
Sprint, for the legal claims that are the subject of
this arbitration. If you exclude yourself, you will
not be legally bound by the Arbitrator's award in
this class action.
If you bring
your own lawsuit against Sprint, after you exclude
yourself, you will have to hire and pay your own
lawyer for that lawsuit, and you will have to prove
your claims. If you do exclude yourself so you can
start or continue your own lawsuit against Sprint,
you should talk to your own lawyer soon, because
your claims may be subject to a statute of
limitations.
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6. How do I
exclude myself from the Class?
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To exclude
yourself from the Class, you must notify Class
Counsel at the address identified below in
writing no later than November 1, 2008.
Your request for
exclusion must contain: (1) the name of this
arbitration, "Smith v. Sprint Spectrum, LP,
JAMS Ref. No. 1220034325;" (2) your full name and
current address; (3) a clear statement of intention
to exclude yourself such as "I wish to be excluded
from the Class"; (4) your Sprint cell phone number(s)
when you were charged the early termination fee; and
(5) your signature.
Requests for
exclusion must be postmarked no later than
November 1, 2008 and sent to: Strange &
Carpenter, Attn: Brian R. Strange, 12100 Wilshire
Blvd., Suite 1900, Los Angeles, CA 90025.
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THE
LAWYERS REPRESENTING YOU |
7. Do I have
a lawyer in this case?
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The Arbitrator
decided that the law firm of Strange & Carpenter and
The Law Offices of Barry L. Kramer are qualified to
represent all Class Members as Class Counsel. These
lawyers are experienced in handling similar cases
against cell phone companies. More information
about Class Counsel is available at
www.strangeandcarpenter.com.
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8. Should I
get my own lawyer?
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If you want to
remain a member of the Class, but you do not wish to
be represented by Class Counsel, you may enter an
appearance through your own attorney at your own
expense. To do so, you must file an Entry of
Appearance with the Arbitrator. You will remain a
Class Member with representation by your own
attorney and you will be responsible for the fees
and costs of your attorney.
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9. How will
the lawyers be paid?
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If Class Counsel
get money or benefits for the Class, they may ask
the Arbitrator for fees and expenses. You will not
have to pay these fees and expenses. If the
Arbitrator grants Class Counsel's request, the fees
and expenses would be either deducted from any money
obtained for the Class or paid separately by Sprint.
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THE
ARBITRATION |
10. How and
when will the Arbitrator decide who is right?
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As long as the
case isn't resolved by a settlement or otherwise,
Class Counsel will have to prove the claims at an
arbitration hearing, which has yet to be scheduled.
If you want to attend, please contact JAMS to
confirm the arbitration date and time.
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11. Do I have
to come to the arbitration?
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You do not need
to attend the arbitration. Class Counsel will
present the case for the Class Members, and Sprint
will present its defenses. You are welcome to come
at your own expense. If you wish to participate in
the arbitration, you should contact Class Counsel.
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12. Will I
get money after the arbitration?
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If the Class obtains
money or benefits as a result of the
arbitration or a settlement, you will be
notified about how to participate. We do not
know how long this will take.
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13.
Additional Information
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Complete copies
of the pleadings, orders and other documents filed
in this litigation may be examined and copied at any
time during regular office hours at the offices of
JAMS, 707 Wilshire Blvd., 46th Floor, Los Angeles,
California, 90017. The case is titled Smith v.
Sprint Spectrum, LP, JAMS Ref. No. 1220034325.
If you have any
questions concerning anything discussed in this
notice, or wish to provide us with your current name
or address, please visit the website or write to
Class Counsel at:
Strange & Carpenter
Brian R. Strange
12100 Wilshire Blvd., Suite 1900
Los Angeles, CA 90025
gcarpenter@strangeandcarpenter.com
Law Offices of Barry L. Kramer
Barry L. Kramer
11111 Santa Monica Blvd., Suite
1860
Los Angeles, CA 90025
kramerlaw@aol.com
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PLEASE DO NOT CALL OR WRITE TO
THE ARBITRATOR
FOR INFORMATION OR ADVICE
| Dated:
August 15, 2008 |
BY ORDER OF THE
ARBITRATOR
HON. STEPHEN
E. HABERFELD (RET.) |
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