Helio Settling a Class Action for Early Termination Fees! More ETF suits to follow?

THE DATE OF THE FINAL FAIRNESS HEARING AND THE DEADLINES FOR SUBMITTING A CLAIM FORM, REQUESTING EXCLUSION FROM THE CLASS, AND OBJECTING TO THE SETTLEMENT HAVE CHANGED. IF YOU HAVE ALREADY SUBMITTED A CLAIM FORM IN CONNECTION WITH THIS SETTLEMENT, YOU DO NOT NEED TO DO SO AGAIN.

IF YOU HAD A CONTRACT FOR WIRELESS SERVICES WITH HELIO
THAT CONTAINED A FLAT RATE EARLY TERMINATION FEE PRIOR TO OCTOBER 4, 2010
YOU MAY BE ENTITLED TO A REFUND FROM A CLASS ACTION SETTLEMENT

Visit www.TerminationFeesSettlement.com for more information

Your legal rights may be affected whether you act, or don’t act. Please read this Notice carefully. Visit www.TerminationFeesSettlement.com to read the full agreement and make a claim.

This lawsuit alleges that Helio’s contracts with consumers for cellular telephone services imposed unlawful flat rate Early Termination Fees.  This lawsuit seeks to represent a group or “Class” of persons who were affected by such fees.

Helio denies that it or its business partners violated any law.  The Court has not determined who was right.  Rather, the parties have agreed to settle the lawsuit to avoid the uncertainties, expenses, and waste of resources that will result from further litigation.  This Notice is not an admission of wrongdoing by any party.

You are a member of the Class if you are a current or former Helio customer in the United States and its territories who, at any time prior to October 4, 2010, was in a contract with Helio for wireless telephone service that contained an Early Termination Fee.  You are a member of the Class regardless of whether or not you paid any portion of the Early Termination Fee to Helio or any third-party collection agency or any other party to which Helio assigned its rights.

If you are a Class member, file a valid claim, and the Court approves the settlement, you are entitled to money.  If you paid Helio directly for a flat rate Early Termination Fee, you are entitled to a refund of a portion of the Early Termination Fee.  This portion is equal to the difference between the fee actually paid and a pro-rated fee that is reduced by $5 per month of service following the first month, less any amounts owed to Helio for wireless service.  If Helio does not have a record of your payment, you may be requested to provide proof of payment.

If you paid a flat rate Early Termination Fee to a third party, such as a debt collector, you are also entitled to a refund equal to the difference described above.  You must submit proof of payment (a receipt, a credit card statement, or other proof) to the Settlement Administrator.

If you don’t appear in Helio’s records and have no proof of payment, or if you paid a third-party debt collector and have no proof, or if you simply were charged the Early Termination Fee but refused to pay it, or if you were never charged the Early Termination Fee but swear under oath that you stayed with Helio due to the Early Termination Fee, you are entitled to $10.

To qualify for payment, you must submit a timely, truthful, accurate, and properly completed Claim Form.  You may either submit the Claim Form online at www.TerminationFeesSettlement.com by following the instructions found with the link, or you may mail a completed Claim Form postmarked no later than February 28, 2011 to Vanover v. Helio, LLC Settlement Administrator, P.O. Box 6177, Novato, CA 94948-6177.

You or your lawyer has the right to appear before the Court and object to the proposed settlement. Your written objection must be submitted by January 7, 2011.  If you do not wish to be a member of the Class, you may exclude yourself by writing to the Settlement Administrator.  Specific instructions are available at www.TerminationFeesSettlement.com. Your request must be submitted by January 7, 2011.

If you do nothing you will be in the Class, and if the Court approves the settlement, you will also be bound by all orders and judgments of the Court.  If approved, your claims against Helio regarding Helio’s inclusion and/or imposition of any Early Termination Fee in its contracts for wireless telephone service will be fully resolved and released.

The Court has approved Steven L. Lezell and Sean Reis of Edelson McGuire LLC to be the attorneys representing the Class in this case.  These attorneys are referred to as Class Counsel. You will not be charged for these lawyers.  If you want to be represented by your own lawyer in this case, you may hire one at your expense.

Class Counsel will ask the Court for attorneys’ fees and expenses of up to $235,000 from the Settlement Fund.  Helio has agreed to pay the Class Representative $5,000 from the Settlement Fund for his services in helping to bring and settle this case. The Court may award less than these amounts.

The Court will hold the Fairness Hearing at 11:00 a.m. on January 28, 2011 at the Central Civil West Courthouse, Department 307, 600 South Commonwealth Avenue, Los Angeles, California 90005.  At that hearing, the Court will hear any objections concerning the fairness of the settlement that have been properly requested, as set forth above.  The hearing may be postponed to a different date or time without notice. You are not required to come to the Fairness Hearing.

For more information about the proposed settlement and a copy of the Full Notice and Claim Form, go to www.TerminationFeesSettlement.com, contact the Settlement Administrator at 1-888-701-8252 or Vanover v. Helio, LLC Settlement Administrator, P.O. Box 6177, Novato, CA 94948-6177 or call Class Counsel at 1-866-354-3015.

Return this Claim Form to:  Vanover v. Helio, LLC Settlement Administrator,
P.O. Box 6177, Novato, CA  94948-6177.
Questions, visit www.TerminationFeesSettlement.com or call 1-888-701-8252

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DEADLINE: THIS CLAIM FORM MUST BE RECEIVED OR POSTMARKED BY FEBRUARY 28, 2011

Instructions:  Each person seeking a cash benefit under the Class Action Settlement Agreement must complete either a paper or electronic Claim Form.  Everyone must provide the information requested in the Part A “Claimant Information” section, fill in EITHER Option #1 or Option #2 under Part B “Early Termination Fee Information,” and sign the “Certification” section under Part C.  You can only submit a claim under either Option #1 or Option #2, not both.  For further information on each of these options and which one is best for you, please review the Notice of Pendency, visit www.TerminationFeesSettlement.com, or call 1-888-701-8252.

To submit a claim for cash benefit under Option #1, begin by filling in Part A.  Once completed, complete the top half of Part B, Option #1, by checking the applicable boxes indicating that you paid an Early Termination Fee either directly to Helio or to an interested third-party debt collector (“Debt Collector”) and, if to a Debt Collector, that you have proof of payment.  SKIP Option #2 and sign the Certification under Part C and, if payment was made to a Debt Collector, attach the proof of payment (a receipt, letter of payment, release of satisfaction judgment, credit card statement, etc.).

To submit a claim for cash benefit under Option #2, begin by filling out Part A.  If you paid a Debt Collector but lack proof of payment, were charged an Early Termination Fee but did not pay the fee, or were not charged the Early Termination Fee but remained in your contract with Helio because of the Early Termination Fee, SKIP Option #1, check the necessary boxes in Part B under Option #2, sign the Certification under Part C, to the form either electronically or by mailing it with this form.

After the form is completed mail to the Settlement Administrator, Vanover v. Helio, LLC Settlement Administrator, P.O. Box 6177, Novato, CA 94948-6177 along with any necessary proof of payment under Option #1 or click submit.