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Consumers 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
I didn’t know anything about this. I got a check in the mail yesterday for $15 & decided to come research it. What an unexpected surprise.
Got mine yesterday.. For 60$ Hope you all get yours!
Received my horse shit check today $15.11 that’s what 4 years of service got me out of a 40 million dollar Settlement. .. I did the math figured lawyers took 30% 12,250,000 which leaves around 37,750,000 to be spread out to consumers who actually filled for it … According to my figure 2,516,666 customers would of had to file for the suit and receive $15.00 like I did for that money to have been fully distributed. .. I highly doubt that’s the case here… I’m going to contact the law firm that handled the case or petition the court to get documentation as of how the money was distributed … I seriously doubt that there were that many customers involved. . I know lawyers get rich on class action suits and the consumer gets next to nothing but something doesn’t seem right here..
OH MY GOSH!
AND I THOUGHT THE “CONSUMER ADVOCATE” websites had not recieved any compliants from the Plaintiffs (I am one!)
I GOT NOTHING BECAUSE THOSE “COURT APPOINTED CLAIMS ADMINISTERS” DELETED ME FROM MY CLAIM # THEY GAVE ME WAY BACK ON JUNE 19, 2015.
I HAVE records of every single email, text & dates & details of my many calls to their THIEVES processing the Refunds, on my CRAPPY straight talk phone.
When THE COURT-APPOINTED CLAIMS’ SUPERVISORS DIDN’T BOTHER TO RETURN ANY OF MY CALLS, I decided I MUST SEND COMPLAINTS TO the Attorney General’s of my state & the the feds!
The State of Oregon Dept. of Justice Attorney replied to my email requesting their help, within 4 hours. They told me they would represent me in finding out where my $2600 claim went to, as I have since calculated my claim rights of refund, per their stated claim amounts on their website!
My DOJ Attorney just 3 weeks ago told me my case was out of their jurisdiction & I would need to contact the attorney’s we all had representing us! I am about to do just that!
I was COMPLETELY REMOVED FROM MY CLAIM NUMBER, REMOVED FROM THE WHOLE DATA BASE! THEY COULDN’T EVEN FIND ME IN THE STATE OF OREGON WHERE I LIVE & WAS BORN 56 YRS AGO!
Last word to you whom may have been eliminated too, PLEASE CONTACT THE ATTORNEY’S GENERAL OF THE State of California where OUR CASE WAS HEARD & the Federal office.
Then I would hope those who have been the Outright Victims of this theft, would join in filing complaints to the Consumer Advocate wesites!
I live on my Disability check. Having worked for over 35 yrs. & now suffer excruciating pain with crippling Arthritis, this refund would have helped me purchase a much needed Service Dog.
Thanks for letting me share, Patty
recd $68.xx check in wisc today
I received a check
I got ny refund yesterday, I didn’t even know what it was for until now
Chuck is a lying sack of shit!!
When will the settlement checks be mail out. ..thank you
Between march 22 and march 29
65$ for 3 years of throttling? The last year I was with them I had almost no data. They kept saying it was my phone. Apple said it was in perfect working order. I still have the same phone using it on metro now and it’s fine. I should get a full refund for at least the effed up year on straight talk. That’s $540. Lawyers get rich and customers get screwed. I wonder how many people are actually getting refunds and what % the lawyers are taking.
I WANT INFORMATION ON HOW TO SUE THEM FOR STEALING DATA AND FALSE ADVERTISING. THEY HAVE A LINK ON THEIR SITE TO TRACK YOUR DATA USAGE THAT NEVER WORKS. PLUS THEY TELL YOU WHEN YOU CALL IN THAT YOU CAN GO ON THE WEBSITE TO CHECK DATA USAGE. PLUS IT WAS ON THEIR CARDS AND IN THE INITIAL SET UP PACKET OF MY HOTSPOT THAT I COULD GO ON AND CHECK MY DATA. THIS LINK NEVER WORKS, AND MY DATA DISAPPEARS. I HAVE HAD TO CALL AND CHAT ONLINE MAKING NUMEROUS COMPLAINTS. THEN I NOTICED THAT WHEN THEY ARE CHECKING IN OUR ACCOUNTS, THEIR IDs TO THE SUPPORT PEOPLE SHOW UP ATTACHED AS A WIFI CONNECTION TO OUR HOTSPOT. ONE OF THE TECHS NAMED APRIL INFORMED ME OF THIS WHEN I ASKED HER SHE TOLD ME IT WAS HER ID. MY LAST BOUT WITH THEM CONSISTS OF ME ADDING A 5GB CARD TO MY HOTSPOT AND ME CALLING THE NEXT DAY CAUSE IT DISAPPEARED. THE SUPERVISOR OF THE VAS DEPARTMENT REFRESHED IT, AND TOLD ME THAT WHEN TRACFONE AND STRAIGHTTALK DOES THEIR LATE NIGHT UPDATES IT SOMETIMES DELETES THE DATA BY MISTAKE. OKKK BY MISTAKE LOL… HE REFRESHED THE 5GB AND THEN 2 DAYS LATER IT WAS GONE AGAIN. SO I CHATTED WITH A LADY NAMED CHERI WHO SAID I HAD OVER 2GB OF DATA LEFT AND THAT SHE DIDNT KNOW HOW TO REFRESH IT, SO SHE WOULD ADD A 1GB PLAN AND A 2GB PLAN TO MY RESERVES EQUALLING THE 3GB THAT WAS MISSING SINCE I HADNT USED IT. SO WHEN THIS DISAPPEARED I WAS ENRAGED. I CALLED AND EXPLAINED IT TO THEM, CAUSE MY RESERVE SHE ADDED DISAPPEARED AND I COULDNT ADD IT. EVEN THOUGH I HAVE THE EMAILS FROM HER WHEN SHE ADDED THEM AND THE SCREENSHOTS OF THE CONVERSATION, THIS WASNT GOOD ENOUGH FOR THEM TO REPLENISH WHAT MYSTERIOUSLY DISAPPEARED AGAIN. THEY SAID I HAD USED 8GB LOL NOW HOW WAS THAT WHEN THE 3GB SHERI ADDED WAS SUPPOSE TO BE HELD IN RESERVE. THEY CURSE YOU, LIE TO YOU, AND DECEIVE YOU SO YOU HAVE NO OPTION BUT TO BUY ANOTHER PLAN. THEY REFUSE TO GIVE YOU TICKET NUMBERS WHEN THEY UPDATE YOUR ACCOUNT, INSTEAD THEY GIVE YOU WHAT THEY CALL A RECEIPT REFERENCE NUMBER WHICH IS FOR INTERNAL PURPOSES ONLY THAT YOU CANT TRACK ON THE STRAIGHT TALK WEBSITE. THEY ARE FOR THEIR PURPOSES LOL GUESS TO LIE SOME MORE. I HAVE CAME TO THE DETERMINATION, THAT THE MIAMI FLORIDA CORPORATE OFFICE IS JUST A CAMOUFLAGE FOR THIS COMPANY, BECAUSE NO ONE EVER ANSWERS YOUR EMAILS BACK AND THEY NEVER ANSWER THE PHONE. INSTEAD YOU GET THE CORPORATE HEAD OFFICE IN THE PHILIPPINES. YOU GET THE TECHNICIANS, CUSTOMER SERVICE REPRESENTATIVES, THE VAS DEPARTMENT PEOPLE, AND ALL SUPERVISORS ALL FROM THE PHILIPPINES. ONE TIME I DID GET SOMEONE WHO SAID THEY WERE FROM THE COUNTRY OF COLUMBIA. I TRULY BELIEVE THEY ARE USING THE UNITED STATES ADDRESS AS A SMOKE SCREEN TO SELL THEIR FALSE ADVERTISING PRODUCTS AND SERVICES WITHIN THE UNITED STATES, AND THEY WILL TELL YOU WHEN THEY CALL AND YOU TELL THEM THE UNITED STATES LAW, THAT THOSE LAWS DO NOT PERTAIN TO THEM BECAUSE THEY ARE IN ANOTHER COUNTRY. I HAVE MULTIPLE CONVERSATIONS SCREENSHOTTED THROUGH STRAIGHT TALK CHAT, EMPLOYEE NAMES AND ID NUMBERS THAT I HAVE TALKED TOO, EMAIL RECEIPTS OF CREDITS, AND THEIR SO CALLED RECEIPT REFERENCE NUMBERS FOR INTERNAL USE ONLY. AS I READ COMPLAINTS I AM SURE THAT THIS ISNT ONLY HAPPENING TO JUST ME BUT PROBABLY MILLIONS OF AMERICANS, AND THEIR DECEPTION NEEDS TO STOP IMMEDIATELY, THEY NEED FINED, AND WE NEED REIMBURSED SO WE CAN FIND APPROPRIATE INTERNET PROVIDERS THAT OFFER 100% WHAT THEY ADVERTISE. ONE MARCH 1, 2016, I FILED COMPLAINTS WITH THE FCC, THE FTC, AND THE BBB. I AM STILL WAITING A RESPONSE FROM THE FTC. THE FCC SAID THAT STRAIGHTTALK HAD 30 DAYS TO REPLY, AND THE BBB SAID TO CONTACT THE FLORIDA BBB.