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Charlyee · 01-28-2008, 5:02 PM

Verizon Wireless faces class action over ETFs
Potential payout could reach $1B

By Jeffrey Silva

Story posted: January 28, 2008 - 1:30 pm EDT

An arbitrator has certified a huge class action against Verizon Wireless that potentially could cost the No. 2 mobile phone carrier close to $1 billion in refunds of early termination fees.

“I find the claimants have complied with the criteria for class certification,” wrote Eugene I. Farber, a former federal judge and senior arbitrator-mediator for the American Arbitration Association in White Plains, N.Y. “My decision is also motivated by my conclusion that as a matter of equity and fairness, millions of class members are entitled to adjudication of the central common questions of fact or law in this arbitration related to whether the $175 early termination fee imposed by respondents Cellco Partnership d/b/a Verizon Wireless … is based upon an unenforceable liquidated damage clause.”

A trial date has not been set, but could begin by the middle or latter part of this year.

More:

Jerro · 01-28-2008, 6:04 PM

I don't like class actions, as the lawyers make all the money. Although, in this case the subject should be addressed for all carriers. It seems greedy to require a fee to leave. They should just stop subsidizing phones.

Jay2TheRescue · 01-28-2008, 6:22 PM

Quote:

Originally Posted by Jerro

I don't like class actions, as the lawyers make all the money. Although, in this case the subject should be addressed for all carriers. It seems greedy to require a fee to leave. They should just stop subsidizing phones.

I agree with a pro-rated ETF. Say you get $200 off on a phone. If you terminate after 1 year your ETF would be $100.

-Jay

Eric47 · 01-28-2008, 6:29 PM

Quote:

Originally Posted by Jerro

I don't like class actions, as the lawyers make all the money. Although, in this case the subject should be addressed for all carriers. It seems greedy to require a fee to leave. They should just stop subsidizing phones.

likely that will happen.. that is.. if the plaintiff in this case wins. if not, the other companys will not be held liable either based off of the precedence of this case.

tho as of right now, i dont believe any of the other companys have implemented this function yet...and likely..they will hold off on rolling out those programs until this case is handled.

Fire14 · 01-29-2008, 12:06 AM

I can see this snowballing to all the carriers paying out millions to customers (Ok maybe everyone will get between $1.00 and $10.00 off their bill or a debit card) and the lawyers as said will make millions on it.

hf1khal · 01-29-2008, 12:24 AM

Quote:

Originally Posted by Fire14

I can see this snowballing to all the carriers paying out millions to customers (Ok maybe everyone will get between $1.00 and $10.00 off their bill or a debit card) and the lawyers as said will make millions on it.

I knew I should have majored in Law.

Charlyee · 01-29-2008, 10:34 AM

Quote:

Originally Posted by Fire14

I can see this snowballing to all the carriers paying out millions to customers (Ok maybe everyone will get between $1.00 and $10.00 off their bill or a debit card) and the lawyers as said will make millions on it.

I got a tiny piece of the pie on a Verizon Class Action Lawsuit - 50 free text messages for 6 months, I have no clue what the lawsuit was about.

Quote:

Originally Posted by hf1khal

I knew I should have majored in Law.

Lol, never wanted to be a lawyer, where I grew up they were known as "ambulance chasers".

(My apologies to JK and all other lawyer members)

RadioRaiders · 01-29-2008, 10:43 AM

Pro-rated ETF's are clearly the way to go in terms of being fair. I don't know why Verizon only introduced it in 2006?

I guess you could say by not offering it sooner, this lawsuit was just waiting to happen.

bobolito · 01-29-2008, 2:48 PM

Here's one of the members sueing Verizon:

Eric47 · 01-29-2008, 4:01 PM

im so tempted to make that my avatar haha.

01-28-2008, 5:02 PM	#1 (permalink)
Charlyee Luv My Treo !!!!! Join Date: Dec 2002 Location: SE Wisconsin Posts: 5,561 Phone(s): Treo Pro, Nokia 6131, Moto i325 IS Provider(s): at&t/at&t/Nextel Devices: Assorted handheld & installed GPS Thanks: 35 Thanked 32 Times in 27 Posts Images: 167 My Auctions	Verizon Wireless faces class action over ETFs Verizon Wireless faces class action over ETFs Potential payout could reach $1B By Jeffrey Silva Story posted: January 28, 2008 - 1:30 pm EDT An arbitrator has certified a huge class action against Verizon Wireless that potentially could cost the No. 2 mobile phone carrier close to $1 billion in refunds of early termination fees. “I find the claimants have complied with the criteria for class certification,” wrote Eugene I. Farber, a former federal judge and senior arbitrator-mediator for the American Arbitration Association in White Plains, N.Y. “My decision is also motivated by my conclusion that as a matter of equity and fairness, millions of class members are entitled to adjudication of the central common questions of fact or law in this arbitration related to whether the $175 early termination fee imposed by respondents Cellco Partnership d/b/a Verizon Wireless … is based upon an unenforceable liquidated damage clause.” A trial date has not been set, but could begin by the middle or latter part of this year. More: __________________ The secret of success is sincerity. Once you can fake that you've got it made. Jean Giraudoux (1882-1944)

01-28-2008, 6:04 PM	#2 (permalink)
Jerro Join Date: Feb 2003 Location: Phila area Posts: 1,436 Phone(s): LG 6100, LG 5200, LG vx 10 Provider(s): VZw Thanks: 0 Thanked 2 Times in 2 Posts	Re: Verizon Wireless faces class action over ETFs I don't like class actions, as the lawyers make all the money. Although, in this case the subject should be addressed for all carriers. It seems greedy to require a fee to leave. They should just stop subsidizing phones. __________________ Phones before cellular existed ( IMTS) car phones; 1977, Motorola Pulsar 1, (with a dial) 1982 Motorola Pulsar 2.

01-29-2008, 12:06 AM	#5 (permalink)
Fire14 Easy,Cheap & Sleazy Join Date: Sep 2002 Location: Union County NJ Posts: 8,331 Phone(s): Razr V3xx, enV, Adventure, 6010 Provider(s): AT&T, Verizon, T-Mobile ToGo Thanks: 0 Thanked 0 Times in 0 Posts Images: 293 My Auctions	Re: Verizon Wireless faces class action over ETFs I can see this snowballing to all the carriers paying out millions to customers (Ok maybe everyone will get between $1.00 and $10.00 off their bill or a debit card) and the lawyers as said will make millions on it. __________________ Laugh Uncontrollably... It clears the mind

01-29-2008, 10:43 AM	#8 (permalink)
RadioRaiders Telecom Evangelist Join Date: Apr 2007 Location: Undisclosed Posts: 944 Provider(s): GSM / WCDMA Thanks: 3 Thanked 12 Times in 8 Posts	Re: Verizon Wireless faces class action over ETFs Pro-rated ETF's are clearly the way to go in terms of being fair. I don't know why Verizon only introduced it in 2006? I guess you could say by not offering it sooner, this lawsuit was just waiting to happen. __________________ Understand communications. Visit Radio Raiders

01-29-2008, 2:48 PM	#9 (permalink)
bobolito iPhone 3G 16GB (White) Join Date: May 2002 Location: New Sanfrakota Posts: 12,398 Phone(s): iPhone 3G, RAZR V9, Sierra 875 3G Aircard, HP iPaq Classic 110 Provider(s): AT&T Mobility Devices: WiFi cards/Access points Thanks: 3 Thanked 11 Times in 10 Posts Images: 50 My Auctions	Re: Verizon Wireless faces class action over ETFs Here's one of the members sueing Verizon: __________________

01-29-2008, 4:01 PM	#10 (permalink)
Eric47 Join Date: Dec 2007 Location: in my own house Posts: 1,404 Phone(s): crackberry's Devices: my home wi-fi router and laptop Thanks: 5 Thanked 1 Time in 1 Post Images: 49	Re: Verizon Wireless faces class action over ETFs im so tempted to make that my avatar haha.

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