Frequently Asked Questions

  1. What are these lawsuits about?
  2. Who is a Class Member?
  3. What benefits are available under the Settlement?
  4. How do I participate in the Settlement?
  5. Who represents the Class?
  6. How will the lawyers be paid?
  7. What do I need to do to be excluded?
  8. Can I object to this Settlement?
  9. When and where will the Court decide whether to approve the Settlement?
  10. Do I have to come to the hearing?
  11. May I speak at the hearing?
  12. How do I get more information about this case?



1. What are these lawsuits about?

Representative Plaintiffs filed three lawsuits under the captions Dennings v. Clearwire Corp., 2:10-cv-01859-JLR (W.D. Wash.), Minnick v. Clearwire US, LLC, No. 2:09-cv-00912-MJP (W.D. Wash.), and Newton v. Clearwire Corp., No. 2:11-cv-00783-WBS-DAD (E.D. Cal.) (the “Actions”). These lawsuits claim, among other things, that Defendant misrepresented its Internet service speed, intentionally slowed 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. Defendant denies all allegations of wrongdoing and has asserted many defenses. The Settlement is not an admission of wrongdoing.

The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and settlement benefits go to the Class Members. The Class Representatives and their attorneys think the Settlement is best for the Class Members.

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2. Who is a Class Member?

The Court determined that all persons and entities who (a) purchased Clearwire’s retail services between November 14, 2004, and February 27, 2012, and (b) provided Clearwire with a billing address in the United States is a Class Member. The Class does not include Clearwire, any entity that has a controlling interest in Clearwire, and Clearwire’s current or former directors, officers, counsel, and their immediate families. The Class also does not include any persons who validly requested exclusion from the Class.

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3. What benefits are available under the Settlement?

Clearwire will provide credits (to current customers) or make payments (to former customers) to each who submitted a valid Claim Form by January 9, 2013 (an “Eligible Claimant”) that meets the requirements for Groups 1, 2, or 3.

If Clearwire managed an Eligible Claimant’s Internet speeds to different levels in a single month (e.g., sometimes at 1.0 Mbps and at other times 0.6 Mbps or 0.25 Mbps during the same month), the Eligible Claimant will receive only one payment for that month, calculated at the highest dollar amount applicable for that month.

To the extent a former customer has unpaid past due balances, Clearwire may offset past due amounts and issue a check for only the net amount due, if any; but billing disputes previously brought to Clearwire’s attention concerning arithmetic errors will be preserved even if the amount is offset.

In addition, as to its future conduct, Clearwire has agreed to the following:

Network Management. Plaintiffs acknowledge Clearwire manages and will continue to manage its network to maintain network service and integrity, among other things. Clearwire will (i) make available more conspicuous and complete disclosures regarding its network management policy; (ii) modify advertising materials at the next revision in the ordinary course of business to clarify conspicuously that any advertised Internet speeds are subject to network management; and (iii) make readily available disclosures online of a range or examples of Internet speeds to which customers may be managed. In this context, “conspicuous” means the disclosures or a reference to the disclosures (such as an asterisk) will occur not just in Clearwire’s Terms of Service or Acceptable Use Policy but in reasonable proximity to statements in which Clearwire advertises particular Internet speeds or uses the word “unlimited.”

ETF Reinstatement. Clearwire currently does not offer fixed term contracts with ETFs and has no plans to reinstate its use of fixed term contracts. If Clearwire elects to reinstate fixed term contracts within the two years following February 27, 2012, it will at the time of reinstatement instruct its customer service representatives not to charge customers an ETF if they withdraw from their contract for reasons related to quality or speed of service. Clearwire will refund any ETF charged to a customer in violation of Clearwire’s instructions to its customer service representatives.

ETF Waiver. For at least the two years following February 27, 2012, Clearwire will instruct its customer service representatives to waive the ETF for current customers on fixed term contracts who seek to withdraw from their contracts for reasons related to quality or speed of service. Clearwire will refund any ETF charged to a customer in violation of Clearwire’s instructions to its customer service representatives.

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4. How do I participate in the Settlement?

To qualify for a credit or payment, you must have submitted a Claim Form electronically or postmarked no later than January 9, 2013.

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5. Who represents the Class?

The Court appointed the law firms of (a) Law Offices of Clifford A. Cantor, P.C.; (b) Milberg LLP; (c) Reese Richman LLP; (d) Tycko & Zavareei LLP; (e) Peterson Wampold Rosato Luna Knopp, PS; (f) Audet & Partners, LLP; and (g) Baillon Thome Jozwiak Miller & Wanta LLP to represent the Class. These lawyers are called Class Counsel. You will not be charged for these lawyers. The Court will determine the amount of Class Counsel’s fees and expenses, which will be paid by Defendant. If you want to be represented by your own lawyer, you may hire one at your own expense.

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6. How will the lawyers be paid?

Class Counsel are moving the Court for an award of attorneys’ fees and expenses and for service awards for the Representative Plaintiffs. The total amount sought will not exceed $2,000,000, including service awards of up to $2,000 each for the Representative Plaintiffs. Defendant will pay Class Counsel’s fees and expenses and the service awards. These amounts will not come out of any funds for payments to Class Members. Defendant has agreed not to oppose these fees and expenses and awards.

Class Counsel filed their papers in support of Final Approval of the Settlement and their application for attorneys’ fees and reimbursement of expenses, and for service awards to the Representative Plaintiffs. These papers were posted on this Settlement website.

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7. What do I need to do to be excluded?

You will automatically be considered a Settlement Class Member unless you had specifically requested to opt out of the Settlement. To have been excluded from the Settlement, you must have sent a signed letter by mail stating that you "wanted to opt out of the Clearwire Litigation." You must have included your name, address, telephone number, and your signature. You must have mailed your exclusion request postmarked no later than November 30, 2012 to:

Clearwire Litigation
c/o GCG
P.O. Box 9910
Dublin, OH 43017-5810

You could not have excluded yourself on the phone or by fax or email.

If you asked to be excluded, you will not get any credit or payment from this Settlement, and you could not have objected to the Settlement, but you will not be legally bound by anything that happens in these Actions. Unless you excluded yourself, you give up your right to sue Clearwire and the other Released Parties for the claims that this Settlement resolves.

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8. Can I object to this Settlement?

If you’re a Class Member, you could have objected to the Settlement if you didn’t like any part of it. You could have given reasons why you think the Court should not approve it. The Court will consider your views. To have objected, you must have sent a signed letter saying that you objected to the proposed settlement in Dennings v. Clearwire Corp., 2:10-cv-01859-JLR. You must have included your name, address, telephone number, that you are a Class Member, and your signature, and state the reasons why you objected to the Settlement. Your objection and any supporting papers must have been mailed to and actually received by Class Counsel at the address below no later than November 30, 2012:

CLASS COUNSEL

Clifford A. Cantor
Law Offices of
Clifford A. Cantor, P.C.
627 208th Ave. SE
Sammamish, WA 98074-7033

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9. When and where will the Court decide whether to approve the Settlement?

The Court held the Fairness Hearing at 3:00 p.m. on December 19, 2012, at the U.S. Courthouse, 700 Stewart Street, Seattle, Washington 98101. At this hearing, the Court decided the Settlement was fair, reasonable, and adequate and granted approval of the Settlement.

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10. Do I have to come to the hearing?

You did not have to come to the hearing. The Court held the Fairness Hearing at 3:00 p.m. on December 19, 2012.

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11. May I speak at the hearing?

The deadline to submit your Notice of Intention to Appear was November 30, 2012.

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12. How do I do I get more information about this case?

More details about the Settlement can be found in the Settlement Agreement and Release of Claims (the “Agreement”). Copies of the Agreement and the pleadings and other documents relating to the case are available on this website or on file at the United States District Court for the Western District of Washington at Seattle and may be examined and copied at any time during regular office hours at the Office of the Clerk, U.S. Courthouse, 700 Stewart Street, Seattle, Washington 98101.

You may also write to: Clearwire Litigation, c/o GCG, P.O. Box 9910, Dublin, OH 43017-5810. Questions may not be directed to the Court.

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Important Dates
DateDeadline
November 30, 2012
[Expired]
Exclusion Deadline
(Postmarked)
November 30, 2012
[Expired]
Objection Deadline
(Postmarked)
January 9, 2013
[Expired]
Claim Form Deadline
(Postmarked or Submitted online)
December 19, 2012
at 3:00 p.m.
[Approved]
Fairness Hearing

Your Options

  • To find out further details regarding the Settlement, please consult the Notice