Anne Bucher  |  July 17, 2015

Category: Consumer News

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TracFone Straight TalkConsumers who purchased a Straight Talk, Net10, Simple Mobile or Telcel America wireless service plan that was advertised as including “unlimited data” but had their data throttled may be receiving checks in the mail within the next few months from a class action settlement.

According to a post on the TracFone settlement website, the class action settlement will become effective on Aug. 1, 2015 and checks will be mailed by Oct. 20, 2015.

TracFone Wireless was hit with a class action lawsuit back in 2013, which alleged it advertised its prepaid “Straight Talk” cell phone plans as having unlimited data without informing customers that their data access would be limited and subject to “throttling” or termination. According to the TracFone class action lawsuit, customers who complained about the data cap were told only that they had “misused” their data plans but were not provide with further explanation.

The Federal Trade Commission also filed a lawsuit against TracFone for allegedly misleading customers about its unlimited data plans since 2009. In January, TracFone agreed to settle the FTC lawsuit and provide refunds to consumers. An estimated 8 million TracFone users may qualify for benefits under the terms of the settlement.

The $40 million TracFone Straight Talk class action settlement received final approval from a California federal judge on July 2, over objections from a Class Member who thought the deal unfairly burdened potential claimants by requiring them to contact TracFone to find out if they had been affected by the alleged data throttling.

The plaintiffs urged the judge to approve the settlement despite the objections. According to their motion in support of the TracFone class action settlement, Class Members who filed claims are expected to receive between $16 and $65, depending on how their cell phone service was affected by the alleged throttling.

The deadline to file a claim for the TracFone unlimited data settlement passed on June 19, 2015.

More information about the status of the TracFone refunds can be found at www.PrepaidPhoneRefund.com.

The Class is represented by Michael W. Sobol, Roger N. Heller and Nicole D. Sugnet of Lieff Cabraser Heimann & Bernstein LLP, Daniel M. Hattis and Kirill M. Devyatov of Hattis Law, and John A. Yanchunis and J. Andrew Meyer of Morgan & Morgan Complex Litigation Group PA.

The TracFone Unlimited Data Class Action Lawsuit is In re: TracFone Unlimited Service Plan Litigation, Case No. 13-cv-003440, in the U.S. District Court for the Northern District of California.

UPDATE: Settlement Checks were mailed out to Class Members starting on Mar. 22, 2016 through Mar. 29, 2016. According to the Settlement Administrator, Class Members must cash their refund checks no later than July 20, 2016.

UPDATE: On Mar. 26, 2016, Top Class Actions readers have started receiving settlement checks! If you filed a claim for the TracFone “unlimited” data class action settlement, keep an eye on your mailbox because checks are on the way!

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77 thoughts onTracFone Straight Talk Class Action Settlement Update

  1. TaraMittelstedter says:

    Right I been using straight talk since they first came about. I’ve had shifty service since with their nonenglish speaking customer service, their run around warranty I never get refunded for broken phones because they send me from one number to The next, the broken phones not even reallybroke they just quit working at random, texts and phone calls people say they sent me but I don’t receive…list goes on and on. I was never informed either so to the lawyer who made millions please enjoy while I spend my life wondering why people are so ruthless and I have to suffer

  2. Carla jones says:

    I’ve emailed the court because I haven’t recieved anything. It’s October 22,2015. Email the court and inform them you did’nt recieve any money.

    1. Allen Payne says:

      It’s under appeal

  3. clif says:

    TO ROSE MENEFEE: [vCan]…..DEFINITION PLEASE?

  4. Denham says:

    October 20

  5. Leroy Austin says:

    This like any other bull____ law suit the lawyers made the money no one was notified and now it’s to late to register. I have been with straight talk since right after they started. This is the first I have heard about this. $65 for 6 years of their bull give me a break what lawyer got rich and people wonder why this country is going to the dogs. Enjoy my share of 40 million

    1. donna says:

      They sent me a letter about filing a claim back in the winter. Went on line and filed clain. Sent me another letter a month or so ago, that refunds will go out in October 2015

      1. Beth says:

        Now they are saying no refunds will be sent out till after the appeal sone time in 2016 :(

        1. Allen Payne says:

          It’s October 18 th no settlement yet ?

          1. Will says:

            Got check today $15.25.. Don’t know where I’m gonna spend alllll of this!!

      2. leandra says:

        Now there is a appeal in process so checks won’t be issued till that’s over in 2016

  6. Mandi Burleson says:

    Has anyone received their refund?

    1. leandra says:

      No checks will be mailed till after the appeal is over which isn’t till 2016

    2. Peter Richier says:

      I got it today. Looks like we got $2.50 a month throttled.

  7. Quartz says:

    $16 and $65? The service sucked, I ended the day I got a text mentioning the settlement. I tried to file an online claim and it said it had errors. So, I even sent a letter as well. The service definitely was not what it advertised.

  8. Shelley Hopkins says:

    I filed a claim long ago..been straight talk customer since 2010-2015 my data plan shut way down on their bogus $45 monthly unlimited plan! Hope to hear something soon!

  9. Rose Menefee says:

    When u call no one either vCan answer questions or barely speak English…

  10. Danielle Purvis says:

    I should be getting a $65 Checker in the mail due to my having strait talk since July 2013 supposed to to be unlimited but ran out of data 4 times I called and complained twice they were very rude with me and I got no where with my complaints. I was unaware I could receive compensation. My phone number is 719-480-0977 I still have strait talk everything unlimited plan today…

    1. Lillate says:

      Little late with the request boss. Maybe next time.

    2. jeff stephenson says:

      I got a check today for 15 dollars.

      1. kristen lopez says:

        Me too and i had their servoce for 3 years and always ran out of data i thonk my refund ahould have been more

        1. Dfresh says:

          I agree they cut my gfs data down just about every month and she only got 15 as well.

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