(Opperman, et al. v. Cellco Partnership d/b/a Verizon Wireless, Case No. BC 326764, Superior Court of the State of California for the County of Los Angeles.)
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On September 2, 2005, the Superior Court of California in Los Angeles issued an Order preliminarily approving the settlement of this class action. This site can help you obtain information about the status of the settlement and also help you determine whether you are a member of the settlement class who qualifies for benefits in this case.
The Plaintiffs claim that Verizon Wireless did not accurately disclose that certain Bluetooth features were not supported by the Motorola V710 handset available with Verizon Wireless cellular service. Verizon Wireless contends that its marketing materials were not deceptive and accurately informed customers of the Bluetooth profiles available for the Motorola V710 cellular handset available with Verizon Wireless service.
Based on the information available to them, the attorneys for the class concluded that the proposed settlement is fair, reasonable, and adequate, and that it serves the best interests of class members.
The class to whom the settlement relates consists of all present and former customers of Verizon Wireless who activated Verizon Wireless cellular service for a Motorola V710 cellular handset on or before January 31, 2005.
To view the Class Action Settlement Notice in English, please click here.
On January 18, 2006, the Los Angeles Superior Court granted final approval to the settlement for Class Members who were sent the Notice and/or submitted a Claim Form before December 9, 2005. No appeals were taken from this order, and the Settlement as to these Class Members became final on March 20, 2006.
Class Members who submitted a Claim Form prior to December 9, 2005 will receive in the mail by the end of April further information regarding their selected benefits. Customers who selected the $25.00 credit (Option 1) will not be contacted but instead will see this credit reflected on their bill.
To view the January 18, 2006 Final Approval Order, please click here.
On January 6, 2006, Verizon Wireless completed a supplemental mailing to all current and former customers who were not included in the 2005 mailing. On March 21, 2006, the Los Angeles Superior Court granted final approval to the Settlement for the Class Members who were sent the Notice in January and submitted Claim Forms before March 3, 2006. Unless appeals are taken from this order, the Settlement as to these Class Members will become final on May 22, 2006.
Assuming no appeals are filed, Class Members who were mailed Notice in 2006 and submitted a Claim Form before March 3, 2006 will receive in the mail by the end of June further information regarding their selected benefits. Customers who selected the $25.00 credit (Option 1) will not be contacted but instead will see this credit reflected on their bill some time in or after June, 2006.
To view the March 21, 2006 Final Approval Order, please click here.
Customers who selected the $25.00 credit (Option 1) will not be contacted but instead will see this credit reflected on their bill
The mailings to Class Members filing valid Claim Forms for the other Options will include detailed instructions regarding how to return your phones and/or accessories in the prepaid mailer and receive your refunds. Briefly, these other options are as follows:
Option 2: Under this option, you will be entitled to terminate the line for which you activated your V710 phone without an early termination fee and return your V710 phone and any accessories specified in the Notice of Settlement in the prepaid mailer for a full refund (with proof of amounts paid) or $200 refund (without proof of payment). NOTE -- IF YOU WANT TO PORT YOUR OLD NUMBER, FOLLOW THE INSTRUCTIONS IN THE PACKET CAREFULLY, COMPLETING THE PORT TO THE NEW CARRIER FIRST, AND THEN RETURNING YOUR V710.
Option 3: Under this option, you will be entitled to purchase a new phone and/or accessories from a Verizon Wireless V710 Settlement website, and then return your V710 and specified accessories in the prepaid mailer for a full refund up to the amount you paid for the V710 and the specified accessories. You will be able to buy any phone offered by Verizon Wireless to new customers from the settlement website, at the same price offered to new customers. However, the amount of your refund under Option 3 is limited to the lesser of the amount you spend on your new phone and accessories or the amount you paid for your V710 and accessories (or $200 without receipts for the amount paid). Please note that Verizon Wireless has agreed to mail checks for the refund, so you will actually get the cash, as opposed to an account credit as originally described in the Notice.
The mailings to Class Members who are former Verizon Wireless customers and filed valid claims will include detailed instructions regarding how to return your V710 phones and/or accessories in the prepaid mailer and receive your refunds. For those former customers who also paid an early termination fee, a check for the fee will be included in the packet.
To view the Proposed Second Amended Complaint, please click here.
To view the Settlement Agreement, please click here.
To view the Preliminary Order, please click here.