IMPORTANT: The District Court entered Final Approval of the Settlement on July 16, 2009 and subsequently, the Settlement has become final and effective as of June 7, 2010. If you are a qualified Class Member and have filed a timely Claim Form, you will be mailed your $5 check or will be contacted via mail regarding your options for free service. If you have further questions, please contact the Time Warner Cable Settlement Administrator at 1-800-291-3831 or c/o The Garden City Group, Inc., P.O. Box 9264, Dublin, OH 43017-4664.
A settlement has been approved 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 Cableís alleged sale of some of its subscribersí 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 did not want to switch to the $5.00 alternative, you do not have to do anything at this time. If you wanted the $5.00 alternative, you must have submitted a new Claim Form by the deadline. You also may have objected to the settlement or gone to the final approval hearing.
Court-approved lawyers for subscribers asked 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 donít act.
Benefits to the Class
The settlement provides 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 have sent in a Claim Form to get free services or $5, may have excluded yourself from the settlement, or objected to it. (If you previously submitted a Claim Form and did not want the $5 alternative, you did not have to submit a new Claim Form.) Claim Forms must have been postmarked by March 10, 2009.
Exclusions and Objections
The deadline to request exclusion from the settlement was November 10, 2008. If you excluded yourself, you wonít get any free services or money from this case. The deadline to object to the settlement was November 24, 2008. The detailed notice explains exclusion and objection procedures.
The Court held a hearing and decided to approve the settlement. This was called the Fairness Hearing. You could have attended and asked to speak at the hearing, but you didnít have to. At the hearing, the Court determined that the settlement is fair, reasonable, and adequate. If there were objections that were sent in by the deadline, the Court considered them.
|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 12:00 p.m.