Verizon Wireless customers who subscribed to the company’s legacy America’s Choice wireless plans are receiving notification of a pending class action settlement between Verizon Wireless and two law firms that will bring a handful of free calling minutes to impacted customers while netting up to $6 million for the attorneys bringing the suit.

At issue was a dispute over whether Verizon Wireless properly provided roaming service for customers under America’s Choice I and II calling plans.  The plaintiffs claimed the company charged roaming rates for calls that should have been covered by the wireless plans at no additional charge.  Verizon Wireless denies the claims, but has agreed to settle the case.

Unfortunately for average consumers, the proposed award is a pittance — 25 additional wireless calling minutes that you can use for a period of one year if you go over your monthly minutes allowance.  Former Verizon Wireless customers, and those who don’t want that award, can alternatively select a Verizon calling card good for “40 units” of domestic or international long distance, good for two years.  That amounts to around 40 minutes of calling in North America, considerably less for international calls.  The only cash being handed out goes to three Ohio plaintiffs, who will receive up to $20,000 each.  But the real prize goes to two Cincinnati law firms — Strauss & Troy and Statman, Harris & Eyrich LLC, who are seeking a payout of up to $6 million.

The firms defend their request claiming they spent more than five years in litigation with Verizon Wireless, which has long since discontinued signing up new customers to either calling plan.  While a judge reviews the proposed settlement, Verizon has taken to e-mailing most impacted customers.  If you missed yours, you can track the progress of the suit on the official website for the Cowit v. Cellco Proposed Class Action Settlement.  You can also claim your minutes starting now, before the deadline of November 8, 2011.

Verizon is charging customers for text messages sent to mobile broadband devices, even though the devices themselves have no effective way to view the messages.  That allegation is the subject of a class-action lawsuit filed against the wireless carrier by Hagens Berman LLP, a law firm representing consumers who were unfairly billed for text messages from July 28, 2004 to the present.

The lawsuit, originally filed August 4, 2010, in the United States District Court for the District of New Jersey, seeks compensatory damages and an injunction prohibiting Verizon from billing customers for text messages sent to mobile broadband devices.  The law firm sent out a reminder this week for customers either billed in the past or still being billed they still have a chance to join the lawsuit.

Verizon’s mobile broadband devices allow its customers to access the Internet through Verizon’s wireless network. Each device is assigned a unique 10-digit telephone number and therefore, text messages can be sent to the 10 digit number associated with the device. However, according to the lawsuit, the devices have no screens and users have no effective way to view them.

If Verizon billed you for text messages you cannot access in connection with your Verizon Mobile Broadband device, you can request further information or join the case at the firm’s website or by email at [email protected].

Don't touch this -- Bridging the gap (circled) can drive your iPhone's signal bars into a ditch

The long lines are over.  The hype that drove some Apple fanboys to wait hours in line, even with an advance reservation for the phone, has died down.  The people in the office you irritated bragging about your conquest have moved on with their lives.  For a growing number of early iPhone 4 buyers, that exhilaration is now being replaced with a realization: you are a beta tester for a new product that has some nagging design problems and defects.  And you are still stuck with AT&T, the nation’s least favorite wireless carrier.  Only now, it’s not just AT&T dropping your calls — it’s the iPhone itself.

A growing number of buyers have discovered a flaw so obvious even the most rudimentary testing, even from the drunk guy who left his phone in that California bar, should have picked up — if you hold the phone in your hand a certain way to make a call, the iPhone has a tendency to drop it.  That problem has grown so significant, Apple had to lock the message thread discussing the matter because it was crashing the browsers of support forum visitors.

You didn’t buy the iPhone to actually make calls, did you?

Sorting out whether the dropped calls are Apple’s fault or just business as usual at AT&T is now underway.

Apple’s answer to this particular problem is to turn the potential marketing crisis into an opportunity — by selling you a $30 “bumper”-case to keep your hands from actually touching the phone’s side, which is part of the antenna system.  The case’s odd design, which only covers the sides of the phone, has some speculating Apple knew about this problem all along and designed a case to mitigate the problem, and pocket the proceeds.

A leaked memo from Apple includes talking points to calm customers who have concerns Apple thinks are non-issues.  Apple even insists its representatives take a moment to summon up the proper “tone” when dealing with customers:

1. Keep all of the positioning statements in the BN handy – your tone when delivering this information is important.

• The iPhone 4’s wireless performance is the best we have ever shipped. Our testing shows that iPhone 4’s overall antenna performance is better than iPhone 3GS.
• Gripping almost any mobile phone in certain places will reduce its reception. This is true of the iPhone 4, the iPhone 3GS, and many other phones we have tested. It is a fact of life in the wireless world.
• If you are experiencing this on your iPhone 3GS, avoid covering the bottom-right side with your hand.
• If you are experiencing this on your iPhone 4, avoid covering the black strip in the lower-left corner of the metal band.
• The use of a case or Bumper that is made out of rubber or plastic may improve wireless performance by keeping your hand from directly covering these areas.

2. Do not perform warranty service. Use the positioning above for any customer questions or concerns.

3. Don’t forget YOU STILL NEED to probe and troubleshoot. If a customer calls about their reception while the phone is sitting on a table (not being held) it is not the metal band.

4. ONLY escalate if the issue exists when the phone is not held AND you cannot resolve it.

5. We ARE NOT appeasing customers with free bumpers – DON’T promise a free bumper to customers.

The yellow blotch problem

This week, even more problems are showing up:

• The Glitchy Proximity Sensor: PC World covers the iPhone’s sudden activation of the menu screen while talking on the phone.  With one’s face next to the screen, customers are reporting calls suddenly switched to speakerphone mode, muted, or throwing blasts of touchtones at callers.
• AT&T “Still Sucks”: Customers in San Francisco and Los Angeles, among other large cities, report “Bermuda Triangle” reception zones where calls regularly drop and cannot be made.  Randomly dropped calls are also still a major problem, and some customers believe the latest iPhone is more prone to showing “no service” than earlier models.
• Yellow Screen Blotches: Yellow-tinted blotches are visible on several owners’ iPhone screens.  Apple claims this is residue from the manufacturing process to bind the glass to the screen and will disappear with use as the adhesive fully dries.  Gizmodo reports these phones were likely rushed through manufacturing and shipped in time for the iPhone release day.  While some customers confirm the blotches do seem to be fading, others have been instructed by Apple to return yellow-tinged phones for replacement.
• Easily-Scratchable: Despite the hype about breakthrough glass technology making the phone more scratch resistant than ever, folks on Engadget found it was quite easy to tear up the phone when placed in a pocket with keys or other scratchy things.

Engadget received photos of scratched iPods hours after being unboxed (click to enlarge)

A Sacramento law firm, Kershaw, Cutter & Ratinoff has already started looking for customers experiencing poor reception quality and dropped calls, presumably to consider a class action lawsuit against Apple, AT&T, or both.  As of now, the law firm has received more than 400 complaints.

The signal loss problem has the prospect of becoming the most notorious — for both Apple and AT&T — especially when it is easily reproduced by reporters on the local evening news (see below).  But Steve Jobs thinks the complaints are overblown, writing back to one complainer, “Non issue. Just avoid holding it in that way.”

Despite that,  Gizmodo launched a petition urging Apple to give free cases to all iPhone 4 owners.

Every product launch has its bugs. We’ve seen a lot this time. Many issues, like the yellow screens, will go away as manufacturing fine tunes and adjusts to solve the problems. But the antenna issue is a fundamental one, a design flaw, that won’t go away as easily without adjusting the product in a deeper way.

So with all these great things, it’s terrible that buyers should have this excellent phone ruined for them because of a single, but serious, design problem. And even worse that Apple should suggest users use their phones in unnatural ways or shell out $30—for what is essentially a double wide livestrong armband—to fix it.

According to some Apple-watchers, the company plans a software fix, suggesting the signal meter displayed on the phone is the real issue, not the actual quality of reception from AT&T.  If the software fix only re-calibrates the signal meter and consumers still see dropped calls and reception problems, additional complaints are likely.

After a week of made-for-TV-lines outside of Apple stores across the country, reality has set in and several stations are now turning their attention to the iPhone 4’s pesky problems.

We have a number of videos for you to watch below the jump!

… Continue Reading

A California attorney has filed a nationwide class action lawsuit against AT&T for fraud and misrepresentation over claims the company baited consumers to purchase Apple iPads with unlimited access and then subjected them to Internet Overcharging schemes after AT&T ended its unlimited data plan.

Lieff Cabraser Heimann & Bernstein, LLP claims AT&T knew it was going to break its promise to thousands of customers who were told they could switch between unlimited and limited data plans as their needs changed.  On June 7th, AT&T ended its unlimited data plan but grandfathered existing contract customers, permitting them to retain the plan indefinitely.  But if a customer changed to a limited usage plan or discontinued service, they lose the chance to get the unlimited plan back.

Apple and AT&T announced this policy change with less than one week’s notice to their customers and only about a month after Apple and AT&T began selling 3G-enabled iPads.  Apple and AT&T had promised consumers flexibility with their data plans, allowing them the ability switch back and forth between the limited data plan, the unlimited data plan, and no data plan.

No more.

“The availability of an unlimited data plan was a key reason why consumers paid the extra $130 charge to access the 3-G network, and their ability to switch in and out of the unlimited data plan was also an important consideration in the decision to purchase an iPad,” stated Lieff Cabraser attorney Michael W. Sobol. “The complaint alleges that Apple and AT&T should have known at the time they were promoting the availability of unlimited data plans, they were not going to keep that promise.”

“I originally purchased a standard iPad. Three weeks later, I returned it to the Apple store, paying an additional $130 plus sales tax to upgrade to an iPad with 3G capability. I thought the iPad 3G was worth the additional money because, with the unlimited data plan, I could work outside my office or home and access all the data I needed for a fixed, monthly price,” commented plaintiff Adam Weisblatt of Fulton, New York. “But I also knew that for several months each year, with my schedule, a lesser expensive, limited data plan was sufficient. I would have never purchased a 3G-capable iPad if I knew Apple and AT&T were planning on suddenly taking away from me the freedom to opt in and out of an unlimited data plan at my choice.”

The proposed class plaintiffs seek to represent a nationwide class consisting of all individuals and entities within the United States who purchased or ordered an Apple iPad 3G on or before June 6, 2010.

Consumers wishing to join the suit can contact the law firm for additional details.  There are no details on exactly what the attorneys will be seeking from AT&T.

Class action lawsuits have often delivered far more in benefits and compensation to the law firm that filed the lawsuit, with consumers usually left with discount coupons or less than $10 in compensation.  In this case, demanding AT&T deliver on its marketing promises or permitting customers to return their iPads for full refunds would seem appropriate.  Thanks to Stop the Cap! reader Marcus for the news tip.

A class action lawsuit has been filed this week to recoup what a law firm has called “improper data charges” for Verizon Wireless customers who discovered $1.99 fees on their phone bills for “data charges” many customers claim they never used.

Goldman Scarlato & Karon, P.C., a law firm with offices in Cleveland, OH and Conshohocken, PA, filed the suit against the wireless giant in federal court in New Jersey.

The lawsuit alleges non-smartphone customers frequently incurred “data fees” on their monthly Verizon Wireless bills.

Karon

Stop the Cap! reported on this in 2009, and believes most of the charges appeared after consumers accidentally triggered their phone’s built-in mobile web browser.  Although Verizon Wireless claims it does not charge for accidental access, customers report otherwise.  Many have fought to have data access blocked to prevent future charges.  The fees potentially impacted any account that does not have a monthly data plan.  Verizon Wireless offers a pay-per-access plan starting at $1.99 for non-data customers.

The lawsuit seeks to reimburse customers should the charges be deemed improper.

The law firm is looking for those charged for data services that believe they were billed incorrectly.  Customers can e-mail the firm at [email protected] or call attorney Daniel Karon at (216) 622-1851.