California Superior Court for Los Angeles County Case No. 18STCV08068
If your subscription to DSL Extreme’s TrueSTREAM internet service began between March 1, 2015, and July 14, 2017, you may be entitled to benefits under a class action settlement.
• A proposed California state settlement (“Settlement”) has been reached in a class action lawsuit involving Defendants Telecom Evolutions, LLC, and Quality Speaks LLC (together, “DSL Extreme”) regarding the marketing and sale of their TrueSTREAM internet service in California as “fiber optic.” The Settlement resolves litigation over whether DSL Extreme violated California state false advertising laws in marketing and selling TrueSTREAM as “fiber optic.” DSL Extreme denies that it did anything wrong. The Court has not decided who is right.
• You may be eligible to participate in the proposed Settlement if (i) you purchased one or more of four TrueSTREAM internet service packages (768 kb, 1.5 mb, 3.0 mb, and 6.0 mb); (ii) you maintained a standard copper-based phone line with AT&T concurrent with each month you purchased the TrueSTREAM service; (iii) you resided within, and had a phone line with, one of the area codes listed in Section 5 below; and (iv) your TrueSTREAM subscription began between March 1, 2015, and July 14, 2017. If the Court approves the Settlement, DSL Extreme has agreed to make a cash payment to each Settlement Class Member who submits a timely, valid Claim Form, as follows:
For the Settlement Class Members who had the TrueSTREAM 768 kbps package, $5.00 per month for each month they had active service, until May 27, 2022.
For the Settlement Class Members who had the TrueSTREAM 1.5 mb package, $8.00 per month for each month they had active service, until May 27, 2022.
For the Settlement Class Members who had the TrueSTREAM 3.0 mb package, $13.00 per month for each month they had active service, until May 27, 2022.
For the Settlement Class Members who had the TrueSTREAM 6.0 mb package, $13.00 per month for each month they had active service, until May 27, 2022.
YOU MUST SUBMIT A TIMELY, VALID CLAIM FORM TO RECEIVE A PAYMENT UNDER THE SETTLEMENT
• If the Court approves the Settlement, DSL Extreme may be required to pay service awards to the Class Representatives who pursued this litigation; attorneys’ fees and costs to the lawyers who brought the lawsuit; and the costs of Class Notice and the Settlement Administration Process. Plaintiffs will request service awards up to $3,000 in the aggregate as well as up to $300,000 in attorneys’ fees and costs. These payments will not reduce the amount of relief available to Settlement Class Members.
If you are a Settlement Class Member, your legal rights are affected whether you act or do not act. Please read this website carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM BY DECEMBER 21, 2022
SUBMITTING A CLAIM FORM IS THE ONLY WAY TO GET A PAYMENT AS PART OF THIS SETTLEMENT. You may make a Claim for Settlement relief by (1) submitting a Claim Form online on this website; (2) mailing the Claim Form to Chinitz v. Telecom Evolutions, c/o Kroll Settlement Administration, P.O. Box 5324, New York, NY 10150-5324; or (3) if you received notice via a postcard, the postcard contains a Claim Form which may be completed and mailed to the Settlement Administrator.
EXCLUDE YOURSELF FROM THE SETTLEMENT BY DECEMBER 23, 2022
If you are a Settlement Class Member and you request to be excluded from the Settlement, you won’t be eligible to receive any money, but you will keep any rights to sue DSL Extreme separately over the legal claims in this lawsuit. This is the only option that allows you to ever be a part of any other lawsuit against DSL Extreme about the legal claims in this case.
OBJECT TO THE SETTLEMENT BY DECEMBER 23, 2022
If you are a Settlement Class Member and you would like to object to the Settlement, you must (1) mail a written objection to the Settlement Administrator or (2) appear at the Final Approval Hearing and ask to speak. A written objection must meet all requirements in Section 17 below. Even if you file a valid and timely objection, you can still submit a claim for money.
GO TO THE FINAL APPROVAL HEARING ON APRIL 4, 2023, AT 10:00 A.M. PT
You may speak in Court about the fairness of the Settlement.
The Court has scheduled a Final Approval Hearing for January 23, 2023, at 10:00 a.m. PT at the Superior Court of California, Los Angeles County, before the Honorable Amy D. Hogue, Department 7, at 312 North Spring Street, Los Angeles, California 90012. At that time, the Court will decide whether to give Final Approval to the Settlement. The Court will hear from any Settlement Class Member who attends the Final Approval Hearing and asks to speak. The longstanding face mask mandate in Los Angeles County courthouses was lifted effective April 4, 2022, but the use of well-fitting medical masks or respirators is strongly recommended. Please visit www.lacourt.org for information and updates regarding use of face masks.
The hearing may be held virtually and may be moved to a different date or time without additional notice.
It is not necessary for you to appear at this hearing, but you may attend at your own expense.
If you are a Settlement Class Member and you do nothing, you will not receive any money as part of the Settlement. You also will never be able to sue DSL Extreme separately over the legal claims in this lawsuit and will be bound by any judgment.
• These rights and options—and the deadlines to exercise them—are explained on this website. The deadlines may be moved, canceled, or otherwise modified, so please check back regularly for updates and further details.
• The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made on valid and timely claims if the Court approves the Settlement and after any appeals are resolved. Please be patient.
This Website is authorized by the Court, supervised by Class Counsel, and designed and developed by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized Website for this case.
Click here to safely and securely submit a Claim Form.
Friday, December 23, 2022
You must complete and mail your request for exclusion so that it is postmarked no later than Friday, December 23, 2022.
Friday, December 23, 2022
You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Friday, December 23, 2022.
Claim Form Deadline
Wednesday, December 21, 2022
You must submit your Claim Form online no later than Wednesday, December 21, 2022, or mail your completed paper Claim Form so that it is postmarked no later than Wednesday, December 21, 2022.
Final Approval Hearing Date
Tuesday, April 4, 2023
The Final Approval Hearing is scheduled for Tuesday, April 4, 2023 at 10:00 A.M. PT. Please check this website for updates.