Clearwire Telephone Call Class Action Settlement
By Matt O’Donnell
UPDATE: Settlement checks were mailed to eligible Class Members on October 30, 2013. Some consumers are reporting receiving hundreds of dollars for their valid claims.
Clearwire Corporation has reached a class action lawsuit settlement over allegations it placed illegal telephone calls soliciting services or attempting to collect debt. If you received a telephone call from Clearwire or one of its vendors after August 2005, you may be eligible to receive up to $100 cash from the class action settlement.
The Clearwire phone call settlement will resolve a class action lawsuit, titled Kwan et al. v. Clearwire Corp. et al., that alleges Clearwire and the Bureau of Recovery (BOR) placed calls to cellular telephones in violation of federal and state law, as well as calls to people who asked not to be called. BOR contracted with Clearwire to contact Clearwire customers with past-due accounts.
Defendants deny any wrongdoing but have agreed to a class action lawsuit settlement to resolve the litigation.
Class Members of the Clearwire telephone call class action settlement include anyone who, from August 31, 2005 to the present:
- Received a call from or on behalf of Clearwire on any telephone, whether for collections, solicitation, “service,” or any other purposes; or
- Received a call from or on behalf of Clearwire on any telephone after they requested that Clearwire and/or its vendors stop calling; or
- Received a prerecorded solicitation call from or on behalf of Clearwire on any telephone in Washington State.
Under the proposed class action lawsuit settlement, Clearwire has agreed to provide the following benefits to Class Members who submit a Claim Form by the deadline of May 27, 2013:
Revoked Consent Claims. Eligible Claimants who attest to (a) being or having been a Clearwire customer and (b) having received one or more telephone calls from or on behalf of Clearwire after having asked Clearwire or its vendors, either orally or in writing, not to call, will have a right to payment in the amount of $25.00 per call up to a maximum of $100.00.
Non–Customer Claims. Eligible Claimants who attest to (a) having never been a Clearwire customer and (b) having received calls from or on behalf of Clearwire will have a right to payment in the amount of $25.00 per call up to a maximum of $100.00.
Cell Calls. Eligible Claimants who attest to (a) having signed up for Clearwire service with TOS effective before April 1, 2010, and (b) having received an autodialed call on their cell phones from or on behalf of Clearwire other than in connection with an existing debt, will have a right to payment in the amount of $25.00 per call up to a maximum of $100.00.
WADAD Calls. Eligible Claimants who attest to having received a prerecorded solicitation call from or on behalf of Clearwire on any telephone in Washington State will have a right to payment in the amount of $25.00 per call up to a maximum of $100.00.
Clearwire has also agreed to forgive all indebtedness owed by Class Members as of April 30, 2010, that was unpaid as of December 7, 2012. If Clearwire previously reported to credit reporting agencies that a Class Member owed the debt forgiven under the Agreement, Clearwire will advise those credit reporting agencies that the debt has been forgiven and will respond to future credit reporting agency inquiries by reporting the forgiveness.
To qualify for a cash payment or offset, you must submit a Claim Form no later than May 27, 2013.
Claim Forms and more information on your rights in the Clearwire Telephone Call Class Action Lawsuit Settlement can be found at www.AutomaticTelephoneCallSettlement.com. Detailed claims filing instructions can be found in our Open Lawsuit Settlements section.
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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.
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