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Consumer Law
False Advertising
Internet speeds

Dennings v. Clearwire Corporation / Minnick v. Clearwire US, LLC / Newton v. Clearwire Corporation (erroneously sued as Clearwire Inc.)

Published: Nov. 10, 2012 | Result Date: Aug. 6, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 2:10-cv-01859-JLR; 2:09-cv-00912-MJP; 2:11-cv-00783-WBS-DAD Settlement –  Credits for Eligible Claimants

Court

USDC Washington


Attorneys

Plaintiff

Kim E. Richman
(Richman Law Group)

Clifford A. Cantor

Michael R. Reese

Felix G. Luna

Bryce Miller

Joshua Keller

Jonathan K. Tycko
(Tycko & Zavareei LLP)

Peter Seidman

Michael McShane


Defendant

John A. Goldmark

Stephen M. Rummage
(Davis Wright Tremaine )

Kenneth E. Payson
(Davis, Wright & Tremaine LLP)


Facts

Three class actions were filed against Clearwire alleging it misrepresented its Internet speed, intentionally slowed Internet service speeds, provided poor Internet and phone service, engaged in misleading advertising, and/or imposed early termination fees ("ETFs") that prevented customers from terminating despite poor service or forced customers to pay a penalty to avoid monthly payment for poor service.

Result

Clearwire agreed to settle all three matters without admitting any wrongdoing. Clearwire agreed to provide credits (to current customers) or make payments (to former customers) to each class member submitting a timely and valid claim. Eligible claimants who attest they paid an ETF to Clearwire after canceling due to concerns over service quality will receive 50 percent the ETF. Eligible claimants who attest they experienced impaired Internet speeds and believe Clearwire was responsible will receive at least $7.00 or $14.00 (depending on when they initiated Clearwire service) and may be entitled to additional amounts depending on what Clearwire's records show with respect to its management of the claimant's Internet speed.


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