CLASS ACTION SETTLEMENT NOTICE
IF YOU WERE AN RCN INTERNET CUSTOMER WHO WAS CHARGED A NETWORK ACCESS AND MAINTENANCE FEE, YOU MAY BE ELIGIBLE TO RECEIVE A CASH REFUND OR BILL CREDIT.
Your Class Member ID is:
You must file a Claim Form to receive a cash refund or bill credit.
For more information, visit www.RCNNAMSettlement.com
WHAT IS THIS CASE ABOUT? Consumers filed a class action lawsuit saying that RCN violated New Jersey law by charging monthly Network Access and Maintenance Fees (“NAM Fees”) in connection with broadband internet service. The defendants in the case, RCN Telecom Services LLC, and its affiliated companies (collectively, “RCN”), and Patriot Media Consulting LLC, deny all liability.
WHO IS INCLUDED? If you received this notice, RCN’s records indicate you are eligible for a cash refund or (if you’re a current customer) a bill credit at your option, for a portion of your NAM Fees paid to RCN in connection with broadband internet service. You are eligible for a refund (meaning that you’re a “Class Member”) if you subscribed to RCN broadband internet service between November 1, 2017, and September 13, 2022, and were charged and paid a NAM Fee in connection with that service.
WHAT DOES THE SETTLEMENT PROVIDE? The Settlement provides that Defendants will establish a Settlement Fund valued in the amount of up to $11,500,000. Class Members who file valid claims will receive their choice of a bill credit (if you’re a current customer) or a check or electronic payment. Refund amounts will depend on three things: (1) whether you choose to receive a bill credit versus a check or electronic payment; (2) when you were a subscriber; and (3) the number of other claimants. Class Members who are current customers and who choose to receive a bill credit will receive 100% of the allocated loss (as further described below) of their NAM Fees paid in connection with internet service during the Class Period. Class Members who are current customers and who choose to receive a check or electronic payment and Class Members who are former customers will receive 50% of the allocated loss (as further described below) of their NAM Fees paid in connection with internet service during the Class Period. The Allocated Loss is calculated as follows: Each current or former Class Member who signed up for service after February 17, 2019, has an allocated loss of 80% of his or her NAM Fees paid in connection with internet service. Each current or former Class Member who signed up for service before February 17, 2019, and who was a customer anytime on or after that date has an allocated loss of 40% of his or her NAM Fees paid in connection with internet service. Each former Class Member who signed up for service before February 17, 2019, and who was not a customer anytime on or after that date has an allocated loss of 20% of his or her NAM Fees paid in connection with internet service. Based on the foregoing, the range a Class Member may receive is between $0.20 and $159.82 depending on: 1) how long the person received internet service from RCN; 2) over what period of time the person received such service; and 3) whether the person chooses to receive cash or a bill credit when making the claim.
In the event that the Settlement Fund, net of the cost of settlement administration, attorneys’ fees and costs, and Incentive Awards to the Class Representatives, is not sufficient to enable the above payments, the per-claim payments will be decreased on a pro-rata basis.
YOUR OTHER OPTIONS. If you don’t want to make a claim, and don’t want to be bound by the settlement and any judgment in this case, you must send a written request to exclude yourself from the settlement, postmarked no later than January 6, 2023. If you exclude yourself, you won’t get a refund through this settlement. If you don’t exclude yourself, you may object to the settlement or to the request for fees by the attorneys representing the Class. The detailed Long Form Notice, available at www.RCNNAMSettlement.com, explains how to exclude yourself or object. The Court will hold a hearing in the case—Katherine Grillo, et al. v. RCN Telecom Services, LLC, et al., Case No. MER-L-1319-22, in the Superior Court of the State of New Jersey, Mercer County in Trenton, New Jersey—on January 26, 2023, at 9:30 a.m. ET, to consider whether to approve: (1) the settlement; (2) attorneys’ fees not to exceed 33.33% plus reimbursement of out-of-pocket litigation costs of $1,451.72; and (3) Incentive Awards totaling $30,000 for the two Class Representatives who represented the Class in this case (i.e., $15,000 each). You may appear at the hearing, but you don’t have to. The Court has appointed attorneys (called “Class Counsel”) to represent the Class. These attorneys are listed in the detailed Long Form Notice. You may hire your own attorney to appear for you, but you will have to pay that attorney.
WHERE CAN I GET MORE INFORMATION? For more information, visit www.RCNNAMSettlement.com.
Legal Notice: A Court authorized this Notice. This is not solicitation from a lawyer.
Notice of RCN Settlement and Cash Refund or Bill Credit (Email)
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