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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
Straight talk will not release my phone and several times I followed there protocol and they refused to port my number over
straight talk is taking my money and refused to give me service. i refilled my phone on the 9th of april 2023 and they turned my phone off april 23, 2023,and they refused to turn the phone back on. (30 day plan). Before that situration i were using my credit credit to refill my phone and they refused to stop taking money from my credit card, so i had to closed the account, but i did get one month back through my credit card, so i were thinking if i use a monthly refill card it would be different, but did not work, so i decided to leave Straight Talk. Can’t understand how they do this and get away with it, IN MY OPINION……
Will let me tell you about straight talk. In 1 month. They took 5 transaction on my account for one phone. And that’s not all. They took 3 transactions from my account for a roommates phone. Then took points off my account for the same phone. Looking for a lawyer on this. They also was told to do auto refill. But didn’t. And cost me 4 months of overdrafts. After calling then every month.
After calling then and looking at my calls. In one day I had 31 messages, codes to give them to get into my account. I can’t even begin to tell you how many time I called them during this time.
Something need to be done about this kind of stuff. I am on disability. And can’t afford to give them over $250 this month for 2 phones
I am facing a similar situation, I called and cancelled my account which included auto pay and they have billed my bank for two months, which that account was cancelled.
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