Frequently Asked Questions
- What is this lawsuit about?
- Why is there a settlement?
- How do I know if I am part of this settlement?
- How do I know if I can get the settlement benefits?
- What benefits does the settlement provide?
- What are my choices of free services?
- Are there any other free services I can get?
- Are there other settlement benefits in addition to the $5 or free services?
- How can I get the free services or $5 if I qualify?
- When would I get my free services or $5?
- What am I giving up to get the free services, $5 or to stay in the Class?
- How do I get out of the settlement?
- How do I tell the Court that I object to the settlement?
- What’s the difference between objecting and excluding?
- How will the lawyers be paid?
- When and where will the Court hearing be?
- Do I have to come to the hearing?
- May I speak at the hearing?
- What happens if I do nothing at all?
- How can I get more information about the settlement?
The lawsuit claimed that Time Warner Cable sold personal information about its subscribers to other companies that wanted the information to advertise and try to sell you products and services. The lawsuit claimed that Time Warner Cable is required to tell subscribers how it collects and uses their personal information, and that Time Warner Cable failed to do so in compliance with applicable law. Time Warner Cable denies that it did anything wrong or that it violated any law, and believes it would have ultimately prevailed at trial.
The Court did not decide which side - the Plaintiffs or the Defendants - was right. There was no trial. Instead, both sides agreed to the settlement. That way, they avoid the costs and risks of a trial, and many of the people affected will get free services or money. If there had been a trial, the Plaintiffs believe subscribers may have gotten more if they won, but they also would have gotten nothing if they lost. The Class Representatives and attorneys think the settlement is best for all Class Members.
How do I know if I am part of this settlement?
The Court has decided that these people are Class Members: All persons throughout the United States who were Time Warner Cable subscribers at any point in time between January 1, 1994 and December 31, 1998, except for current Time Warner Cable officers, directors, employees, and counsel.
How do I know if I can get the settlement benefits?
You can get free Time Warner Cable services or $5 if you are a Class Member and you were on a list of subscribers whose personal information may have been made available for sale by Time Warner Cable to other companies. If the Notice was addressed to you, then you may qualify for the free services or $5 and you can send in a Claim Form. You can ask for free help to find out if you qualify for a benefit. All you have to do is call toll-free 1 (800) 291-3831.
What benefits does the settlement provide?
If you qualify, you may receive $5 or free services. If you choose to receive free services, here are the free Time Warner Cable services you can get:
| Current Subscribers: If you are a Time Warner Cable subscriber now, and your name is on a list of subscribers whose personal information may have been available for sale, you can pick ONE of the following two choices, provided you live in an area and at a location which can be serviced by Time Warner Cable when the settlement benefit is distributed after Court approval: |
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(1) One free month of any Time Warner Cable service that is available on a monthly basis and that you don’t already have.
OR (2) Two (2) free Movies On Demand. |
| During the time you get the free additional service that you choose, you must keep and pay for the services to which you subscribe at that time. Former Subscribers: If you are not a Time Warner Cable subscriber now but were during the class period, and your name is on a list of subscribers whose information may have been available for sale, you can pick ONE of the following three choices, provided you live in an area and at a location which can be serviced by Time Warner Cable when the settlement benefit is distributed following Court approval: |
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(1) One free month of any Time Warner Cable service that is available on a monthly basis, with free installation.
OR (2) Two (2) free Movies On Demand, provided that when the benefit is distributed you also subscribe to at least Time Warner Cable’s basic cable service. OR (3) Regardless of whether you live in an area serviced by Time Warner Cable, you can give your settlement benefit to someone else who lives in an area and at a location which can be serviced by Time Warner Cable, but with respect to two (2) free Movies On Demand, the person to whom you transfer must subscribe to at least Time Warner Cable’s basic cable service. |
If you select one of the free services, you may (1) cancel the free service at the end of the free month of service with no further obligation; or (2) continue with the service beyond the free month and be billed accordingly.
Please Note: If you submitted a Claim Form in response to the previous notice in 2005, and you do not want to switch to the $5 alternative, you do not have to do anything. If you would like the $5 alternative, you must submit a new Claim Form by the deadline of March 10, 2009.
What are my choices of free services?
If you qualify, here are examples you can pick from, depending on where you live:
- Digital Phone Service
- High Definition Television Cable Service
- High Speed Cable Modem Service
- Movies On Demand
- Digital Cable Service
- Premium Channels such as HBO, SHO, MAX, and TMC
- Digital Video Recorder Service
Are there any other free services I can get?
The choices listed above are only examples of ones you can choose for your free service because the free services may vary slightly depending on where you live.
Are there other settlement benefits in addition to the $5 or free services?
Yes. As part of this settlement, Time Warner Cable has agreed: (1) to change its disclosure to subscribers about how it collects and uses their personal information; (2) to employ a Chief Privacy Officer in charge of making sure the company complies with privacy laws; (3) to give money to certain public interest groups that care about and work on privacy issues; (4) to pay the costs of sending and publishing notice and giving out the free services and $5 checks; (5) to give money to the two Class Representatives who participated in this case for all the subscribers; and (6) to pay for the lawyers who represented the subscribers throughout this case.
How can I get the free services or $5 if I qualify?
If you wish to receive a free service or a $5 check, then you must send in a Claim Form by the postmark deadline. You may also get a Claim Form on this website or by calling 1 (800) 291-3831. Read the instructions carefully, fill out the form, sign it, and mail it postmarked no later than March 10, 2009.
Please Note: If you submitted a Claim Form in response to the previous notice in 2005, and you do not want to switch to the $5 alternative, you do not have to do anything. If you would like the $5 alternative, you must submit a new Claim Form by the deadline of March 10, 2009.
When would I get my free services or $5?
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. Once this settlement is final and becomes effective, 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.
What am I giving up to get the free services, $5 or to stay in the Class?
Unless you excluded yourself, you are staying in the Class, and that means that you cannot bring a new lawsuit against the Defendants about the legal issues relating to Time Warner’s privacy notice and disclosure practices from 1994-1998. It also means that all of the Court’s orders will apply to you and legally bind you. If you sign the Claim Form or stay in the Class without sending in a Claim Form, you will be agreeing to release the Defendants from all legal claims this settlement resolves.
How do I get out of the settlement?
The deadline to exclude yourself from the settlement was November 10, 2008.
How do I tell the Court that I object to the settlement?
If you’re a Class Member, you can object to the settlement and give reasons why you think the Court should not approve it. The Court will consider your views. You cannot object if you excluded yourself from the Class; if you want to object, you must stay in the Class. To object, you must send a letter saying that you object to Parker, et al. v. Time Warner Entertainment Co., et al., Case No. CV 98-4265. Be sure to include your name, address, telephone number, signature, and the reasons why you object to the settlement. You must file the objection with these three entities no later than November 24, 2008 or your objection will not be valid and will not be considered:
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Court Clerk of the Court U.S. District Court Eastern District of New York 225 Cadman Plaza East Brooklyn, N.Y. 11201 |
Class Counsel George W. Sampson, Esq. Hagens Berman Sobol Shapiro, LLP 1301 Fifth Ave., Suite 2900 Seattle, WA 98101 |
Defense Counsel Jonathan D. Thier, Esq. David G. Montone, Esq. Cahill Gordon & Reindel, LLP 80 Pine Street New York, N.Y. 10005 |
What’s the difference between objecting and excluding?
Objecting is simply telling the Court that you don’t like something in the settlement and do not think it should be approved. You can only object if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you excluded yourself, you cannot object because the case no longer affects you.
In the settlement, Time Warner Cable has agreed to pay Class Counsel their attorneys’ fees and expenses in the amount of $5,000,000 for all their work on this case since it was filed in 1998. This would pay Class Counsel for investigating the facts, litigating the case (including an appeal), and negotiating and revising the settlement. Time Warner Cable also has agreed to pay the two Class Representatives $2,500 each for their participation in this case on behalf of all Class Members. Time Warner Cable also has agreed to pay the costs to administer the settlement.
When and where will the Court hearing be?
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 12:00 p.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 8B-S. 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. The Court will listen to people who have asked to speak at the hearing. The Court will then decide whether to approve the settlement. The Court may make its decision at the end of the hearing or afterward.
Do I have to come to the hearing?
No. The attorneys will answer any questions the Court may have. But you can attend at your own expense if you want to. If you send an objection, you do not have to come to Court to talk about it. You may also pay your own lawyer to attend or talk about your objections, but that is not necessary.
You may ask the Court to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Parker, et al. v. Time Warner Entertainment Co., et al., Case No. CV 98-4265.” Include your name, address, telephone number, and signature. Your Notice of Intention to Appear must be filed no later than November 24, 2008 with the Clerk of the Court, Class Counsel, and Defense Counsel at the addresses above. You cannot speak at the hearing if you excluded yourself or if your Notice of Intention to Appear was filed after the November 24, 2008 deadline.
What happens if I do nothing at all?
If you do nothing, you’ll get no free Time Warner Cable services or money from this settlement unless you submitted a Claim Form before. If you submitted a Claim Form before and do not want the $5 alternative, you do not have to do anything. Unless you excluded yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be a part of any other lawsuit against the Defendants about the legal issues in this case.
How can I get more information about the settlement?
More details regarding the proposed settlement are in a Stipulation and Agreement of Settlement. You also can call this number to ask more questions on the settlement.