Important Update: The Court granted Final Approval of the Settlement on December 19, 2012. However, appeals were filed challenging the Settlement Order and Final Judgment. Those appeals have now been resolved. Settlement checks were distributed on February 6, 2014, to Settlement Class Members who submitted valid and timely claims.
Please remember to notify the Settlement Administrator, in writing, of all changes to your mailing address. Address changes cannot be made by telephone.
Overview Of The Proposed Settlement
The Settlement has been approved in a lawsuit involving allegations that Clearwire misrepresented its Internet service speed, intentionally managed customers’ Internet service speeds without proper disclosure, provided poor Internet and phone service, and/or imposed early termination fees (“ETFs”) that prevented customers from terminating despite poor service or required them to pay the ETF.
Clearwire denies all allegations of wrongdoing and has asserted many defenses. The Settlement is not an admission of wrongdoing.
The Court in charge of the case is The United States District Court for the Western District of Washington at Seattle. The case is known as Dennings v. Clearwire Case No. 2:10-CV-01859-JLR. The Court has decided that everyone who fits the following description is a Class Member: All persons and entities who purchased Clearwire’s retail services between November 14, 2004 and February 27, 2012, and provided Clearwire with a billing address in the United States.
What does the Settlement Provide?
Credits will be given (to current customers) or payments made (to former customers) to each person or entity who submitted a valid Claim Form by January 9, 2013, who attests that they paid an ETF to Clearwire after cancellation due to concerns over service quality (Group 1) and/or who attests that they experienced impaired Internet speeds and have reason to believe Clearwire was responsible (Groups 2 and 3). For details of the requirements and entitlements for Groups 1, 2 or 3 please consult the Notice or Frequently Asked Questions on this website.
In addition to the benefits described above, the Defendants have also agreed to other relief and certain future conduct. The Defendants have agreed to manage its network to maintain network service and integrity, not to charge customers ETF if fixed term contracts are reinstated, and waive ETF for current customers on fixed term contracts who seek to withdraw for reasons related to quality and speed. All forms of relief are described more fully in the Notice or Frequently Asked Questions on this website.
What Are My Options?
|SUBMIT A CLAIM FORM||The deadline to submit a Claim Form was January 9, 2013.|
|EXCLUDE YOURSELF||If you wanted to exclude yourself from the Actions, you must have formally requested to exclude yourself by sending a letter by mail to the Settlement Administrator. The letter must have been postmarked on or before November 30, 2012.|
|OBJECT OR COMMENT||Any Settlement Class Member wishing to have objected to or opposed the approval of this Settlement and/or the Fee and Cost Application must have filed a written objection with the Class Counsel. The letter must have been postmarked on or before November 30, 2012.|
The Court held a Final Approval Hearing (the “Fairness Hearing”) on December 19, 2012 at 3:00 p.m. at the U.S. Courthouse, 700 Stewart Street, Seattle, Washington 98101 to determine whether to grant Final Approval of the Settlement, consider any timely objections to the Settlement and the Parties’ responses to such objections, rule on a Fee and Cost Application for attorneys’ fees and expenses and for service awards to the Representative Plaintiffs. At the hearing, the Court granted Final Approval of the Settlement.