Overview
A settlement has been proposed in a class action lawsuit alleging that Time Warner Cable sold its subscribers' personal information to other companies for marketing purposes. This settlement resolves this lawsuit. It avoids costs and risks from continuing the lawsuit; provides free services or cash to subscribers like you; and releases Time Warner Cable from liability.
Some time ago, you may have been contacted about a proposed class action lawsuit regarding Time Warner Cable’s alleged sale of some of its subscribers’ personal information for marketing purposes. You were informed that, if the Court approved the settlement, you could receive free Time Warner Cable services if you submitted a Claim Form. The Court did not approve the original settlement and some changes have been made. The most important change is that if you are eligible, you now may receive $5.00 as an alternative to receiving free Time Warner Cable services. If you submitted a Claim Form before and do not want to switch to the $5.00 alternative, you do not have to do anything at this time. If you would like the $5.00 alternative, you must submit a new Claim Form by the deadline. You also may exclude yourself from this settlement, object, or go to the final approval hearing.
Court-approved lawyers for subscribers will ask the Court to approve the settlement, including the payment of their fees and expenses for investigating the facts, litigating this case since 1998, and negotiating the settlement. Time Warner Cable has agreed to pay these fees and expenses.
The two sides disagree on whether subscribers could have won at trial, and if they had won at trial what relief they could have received.
Your legal rights are affected whether you act, or don’t act.
The Court will hold a hearing on December 9, 2008 to decide whether to approve the settlement. If the Court approves the settlement, after that, there may be appeals. It’s always uncertain whether appeals can be resolved, and resolving them takes time, perhaps more than a year. Please be patient.
Important: SETTLEMENT BENEFITS ARE NOT AVAILABLE AT THIS TIME. Once this settlement is final and becomes effective (after December 9, 2008), and if your name is on a list of subscribers whose names may have been made available for sale, you will be mailed your $5 check or be contacted regarding your claim for free service, at which time you can make your service selection.
Benefits to the Class
The settlement will provide free Time Warner Cable services or cash to anyone who subscribed to Time Warner Cable at any time between January 1, 1994 and December 31, 1998 and was on a list of subscribers whose information may have been sold. If you qualify, you may send in a Claim Form to get free services or $5, or exclude yourself from the settlement, or object to it. (If you previously submited a Claim Form and do not want the $5 alternative, you do not have to submit a new Claim Form.) Claim Forms must be postmarked by March 10, 2009.
Exclusions and Objections
If you do NOT want to be legally bound by the settlement, you must exclude yourself by November 10, 2008, or you won’t be able to sue Time Warner Cable about the legal claims in this case. If you exclude yourself, you won’t get any free services or money from this case. If you stay in the settlement, you may object to it by November 24, 2008. The detailed notice explains how to exclude yourself or object.
Fairness Hearing
The Court will hold a hearing to decide whether to approve the settlement. This is called the Fairness Hearing. You may attend and you may ask to speak at the hearing, but you don’t have to. The Court will hold the Fairness Hearing at 11:00 a.m. on December 9, 2008, at the U.S. District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York 11201, Courtroom 5. At the hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections that were sent in by the deadline, the Court will consider them.
| Date | Case-Related Event |
|---|---|
| March 10, 2009 | Claim Form Deadline (postmarked) |
| November 10, 2008 | Request for Exclusion Deadline (postmarked) |
| November 24, 2008 | Objection Filing Deadline (filed with Court) |
| December 9, 2008 at 11:00 a.m. |
Fairness Hearing |