How Will the Qualcomm Cellular Phone Class Action Lawsuit Affect You?
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- 10 Apr, 2019
You May be Asking, “How Will the Qualcomm Cellular Phone Class Action Lawsuit Affect Me?”
Have You Purchased a Cell Phone Since 2011?
If You Answered, “Yes,” You Must Read This.
This is an Important Legal Notice for All of Our Customers and Anyone with a Mobile Phone Regarding the Pending Qualcomm Cellular Phone Class Action Lawsuit
The litigation is a big one as it affects the rights of over 250 million of the United States’ adult population who have bought an affected mobile phone in the period under consideration. No agreement or settlement has been reached yet as of this writing (04/10/2019). Don’t expect any compensation or money at this moment. But you’ll definitely want to take the needed steps if you are affected to ensure that you are included if a settlement is reached. If a settlement is reached Qualcomm may possibly be required to pay you money or some other form of compensation.
The class action alleges that Qualcomm consumers were overcharged for the cell phones they bought within the period in view. The price of the company’s modern chipset was alleged to have been unnaturally inflated. It was alleged that Qualcomm did this against the ethics of competitive conduct and in secret collusion with its partners. The company has not yet been proven to have done wrong by the court and the case is still pending further hearings and deliberation later in the year. Again, no money or compensation is offered yet by Qualcomm, and there is no guarantee of that either.
Your Role as a Consumer and Possible Class Member
First, you must have bought a cellular phone from at least one of the specified phone manufacturers starting from February 11, 2011. Find a receipt or a sales document that proves you actually bought such a cellular phone from this date or after.
Not all phones are affected in the class action. Check if the cellular phone you bought within the period is covered in the litigation. The affected cellular phones are those with LTE and CDMA technologies that utilize a particular Qualcomm chipset. These include phones produced and listed by most popular mobile phone companies including but not limited to phones by Apple, LG, Samsung, Motorola and ZTE. Check the comprehensive list of cell phones included in the Qualcomm cell phone class action lawsuit can be found here.
The class action certification was granted in September 2018 in the US district court by Lucy Koh, the presiding judge on the case. In reaction to the class action, Qualcomm requested the court to take another look at the action owing to the magnitude of this lawsuit. The company stated that the extent to which the class action covers is too large to manage considering it encompasses the entire population of the US adult group. This is about 250 million individuals that may span across over one billion transactions. Experts have estimated the size of this class action will cost no less than $4 billion if settlements are to be made. If you are a member of the class, you may benefit in monetary terms from the claims.
To get more information and frequent updates from the official managing entity on how events unfold on the class action, please register here. You will get important notices to keep updated.
Since the court has determined that the case can go on as a class action, your rights may be affected, and the choice is yours to make.
Who Qualifies as a Class Member?
Know the details of what qualifies a consumer as a member of this litigation class. You are likely a member of the class action if you bought, paid for, and/or made reimbursement for all or some of the listed prices for a CDMA (cdma2000 and CDMAone inclusive), UMTS and/or LTE mobile phone for personal use and not for commercial resale purposes from February 11, 2011 to date in the US.
You are also included in the class as a consumer if you received a cell phone(s) added to your purchase of a wireless network service pack from a service provider such as AT&T, Verizon, T-Mobile or Sprint.
Who Does Not Qualify as a Class Member of the Class Action?The following groups of people are excluded from membership of the class:
- Qualcomm and its officers including directors, employees, management, affiliates, and subsidiaries
- All state and federal government bodies
- All individuals or bodies who bought relevant phones for commercial purposes or for resale
- Any justice or judge involved in the class action and members of their immediate families or staff
A Member’s Rights and Options
A member’s legal rights are affected whether he or she takes action or not. Members have basically two options:
Option 1: Do Nothing
Even if you do nothing after reading this notice, you are not necessarily exempt from benefiting from the class action. With this option, you remain a part of the class action and you have the possibility of getting benefits or money that may result from a favorable trial or settlement. However, you have given up the rights to be a part of another lawsuit that may offer claims linked with allegations and subsequent claims against the same company, Qualcomm.
Option 2: Exclude Yourself from the Class
You have a choice to be excluded from the class to pursue a different cause if you want to. Going with this option affords you the option to be excluded from the class action. Instead, you can file a lawsuit in the court of law against Qualcomm stating claims connected to the allegations.
To be excluded, you must deliver a letter by regular mail, not email, informing that you want to be excluded from the case: In re: Qualcomm Antitrust Litigation, with case number No. 17-MD-02773-LHK. Important to include in the mail are your name, contact address, signature, and phone number. You had until March 22, 2019 to submit an exclusion request from the class. Unfortunately, this date has passed, and thus this option to Exclude yourself from the class is no longer available.
The Trial Date
The plaintiffs and Qualcomm will have a trial period to prove themselves beginning from this date. The class action lawsuit is currently awaiting trial, and the trial is scheduled to start on June 24, 2019. During the period that the trial lasts, the evidence presented will help the judge and jury reach a conclusion on the case. It should be determined then whether Qualcomm did nothing wrong or actually is at fault. Or the plaintiffs and defendants (Qualcomm) may reach a settlement or agreement prior to the trial. In either scenario, if you registered yourself, this is when you will be notified of whether you are owed any money or compensation for being overcharged. As stated earlier there are no guarantees.
Want Regular Updates to Help you Take Action?
You can get regularly updated about the class action, if you have verified that you are a member of the class and you registered on the official website, https://mobilephoneclassaction.com.
Be sure to register for more information to receive timely notifications about the case. Again, if you have determined that you are a member of the class, you can register here to keep up with your rights regarding this Qualcomm Antitrust Litigation and possibly receive compensation from Qualcomm once a settlement or ruling is reached.
This article and written content is in no way meant to be and in no way meant to replace and is not to be taken as direct or indirect legal advice. No promises or guarantees are given herein expressly or implicitly. Please contact your attorney or certified legal council for legal advice if needed.