Wilson et al. vs. T-Mobile USA, Inc.

Superior Court For The State Of Washington For And In King County - Case No. 15-2-30631-6 SEA

Frequently Asked Questions

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Basic Information

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1. Am I a member of the Class?

The Court has provisionally certified the following class:

"All current and former employees who, at any time from May 15, 2009 through the date of final approval, worked as retail sales associates or equivalent positions for T-Mobile USA, Inc. in Washington under a commission agreement governed by Washington law."

The Court has allowed approved Notices to be sent to Class Members to inform them about a proposed settlement of a class action lawsuit, and about their options, before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after any appeals are resolved, payments will be made to eligible Class Members who (1) have not opted out of the Settlement, and (2) timely submit a valid claim form.

The following information and Notice Packet explains the Case, the Settlement, the legal rights of Class Members, what benefits are available, who is eligible for them, and how to get them. A Claim Form is also included for you to complete if you are a Class Member.

If you would like to confirm whether you have been identified as a Class Member, please call the Settlement Administrator, CPT Group, Inc., at 1-888-826-9503 or email them at TMobileWilsonSettlement@cptgroup.com. You may also contact Class Counsel at 206-388-5887 or 206-816-6603.

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2. What is this lawsuit about?

Plaintiffs Michael Wilson and Dana Rohde (“Plaintiffs”) claim T-Mobile violated Washington State law by failing to pay all earned commissions to their Washington retail sales associates. T-Mobile denies Plaintiffs’ claims. Plaintiffs filed this lawsuit in December 2015 in King County Superior Court.

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3. Why is there a settlement?

The Court did not decide in favor of Plaintiffs or T-Mobile. Instead, both sides agreed to a settlement. This allows the parties to avoid the risks and costs of a trial and the people affected will be entitled to receive compensation. It is not an admission by T-Mobile of any wrongdoing. Plaintiffs and their attorneys (“Class Counsel”) think the settlement is fair, reasonable, adequate, and in the best interests of the Class Members.

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4. What claims are resolved by the settlement?

The settlement will resolve all claims that Class Members could have brought against T-Mobile regarding T-Mobile’s alleged failure to pay Class Members all their earned commissions, as set forth in answer to Question 2.  

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5. What are the basic terms of the settlement?

T-Mobile will pay a total of $1,270,000 to resolve all claims alleged in this lawsuit. T-Mobile has agreed to pay $750,000 to the Class (the “Gross Settlement Fund”) to compensate for the following expenditures, as set forth below and subject to court approval: (a) service awards to each of the named Plaintiffs; (b) settlement administration fees and costs; and (c) class member settlement awards, which will be distributed to those Class Members who do not opt out and submit valid and timely Claim Forms. Under the settlement, $750,000 minus the service awards of $10,000 and the class administration fees (believed to be around $17,000) shall be distributed to the Settlement Class Members as compensation for unpaid commissions. Plaintiffs will ask the Court to approve service awards of $5,000 each to the Class Representatives to compensate them for their time and effort. If approved, the Class Representatives will be paid a combined $10,000 from the Gross Settlement Fund. Plaintiffs will also ask the Court to approve payment to a Settlement Administrator to administer the settlement.

T-Mobile has also agreed to pay $520,000 to Class Counsel for the attorneys’ fees and costs they have incurred in relation to the lawsuit subject to court approval. Class Counsel have been working on this case for more than three years but have not received any fees or reimbursements for the costs of the lawsuit. Plaintiffs will ask the Court to approve payment to Class Counsel to reimburse them for out-of-pocket litigation costs and to compensate them for their reasonable attorneys’ fees. If approved, Class Counsel will be reimbursed for up to $20,000 in costs and up to $500,000 in attorneys’ fees.

Class Representatives Service Awards: The settlement provides for service awards to the Plaintiffs in the amount of up to $5,000 each, for a total of $10,000.

Settlement Administration Expenses: The settlement provides for a payment to the Settlement Administrator in an amount estimated to be $17,000.

Attorneys’ Fees and Costs: The settlement requires Class Counsel to file a motion with the Court and for the Court to decide the amount and reasonableness of attorneys’ fees and litigation costs to be paid to Class Counsel. The payment to Class Counsel for reasonable attorneys’ fees and litigation costs will not affect the Gross Settlement Fund paid to the Class.

Distribution of Settlement Awards: Each Class Member who submits a valid and timely Claim Form and who does not submit a valid and timely request for exclusion will become an Eligible Class Member and will be eligible to receive a settlement payment. Each Eligible Class Member will receive a proportional share of the Gross Settlement Fund less any Class Representative Service Awards and Settlement Administration Expenses awarded by the Court (the “Net Settlement Fund”). Each Eligible Class Member will receive a Settlement Award based on his or her weeks worked since May 15, 2009. Checks will be distributed by the Settlement Administrator and sent to the addresses identified on the Claim Forms of all Eligible Class Members.

Should any portion of the Net Settlement Fund remain unclaimed 180 days after the checks are mailed to Eligible Class Members, any such residual funds will be disbursed by the Settlement Administrator to the Legal Foundation of Washington.

Tax Treatment of Settlement Payments: One-third of each award to an eligible Class Member will be treated as wages and subject to normal payroll tax withholdings and payments. The other two-thirds of each award to an eligible Class Member will be treated as non-wages on which there will be no tax withholding. Please consult an accountant regarding the taxes you may owe if you receive money from the settlement.

Release of Claims: Upon final approval by the Court, Class Members will release T-Mobile from any and all past or present claims, interest, attorneys’ fees, costs, damages, and exemplary damages, that were or could have been asserted by Plaintiffs on behalf of Settlement Class Members against T-Mobile based on the facts alleged in the Complaint, including, but not limited to, any claims related to unpaid commissions owed by T-Mobile under commission agreements governed by Washington law.

Dismissal of Action: Upon Final Approval the Court will enter a Judgment of Dismissal of the Lawsuit with prejudice but may retain jurisdiction to enforce the terms of the settlement.

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6. How can I get a payment?

To get a payment, you must complete a Claim Form and return the Claim Form to the following address or submit it through this website, or via email to TMobileWilsonSettlement@cptgroup.com:

Wilson v. T-Mobile Settlement
c/o CPT Group, Inc.
50 Corporate Park
Irvine CA 92606

A Claim Form is attached to the Notice sent via mail. Read the instructions carefully, fill out the Claim Form, sign it, and mail it to the address. In the alternative you have the option to fill out the form online by using your CPT ID and CLASS MEMBER PASSCODE which can be found on your Claim Form. All Claims Forms must be postmarked or received by the Settlement Administrator no later than April 8, 2019.

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7. When will I get my payment?

As noted above, the only way to get money from the settlement is to complete and timely return a Claim Form. The Superior Court will hold a hearing on May 24, 2019 at 8:30 a.m. to decide whether to approve the settlement. If the Court approves the settlement, the parties will then have to wait to see whether there is an appeal. This will take at least 30 days and, if there is an appeal, can take up to a year or more to resolve.  In the event of an appeal, information regarding its progress will be posted on this website. If there is no appeal, payments will then be processed and paid to Eligible Class Members arising from the settlement. Please be patient.

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8. Do I have a lawyer in this case?

The Superior Court has decided that lawyers from Terrell Marshall Law Group and Rekhi & Wolk are qualified to represent you and all Class Members. The lawyers are called “Class Counsel.” You will not be charged for these lawyers. If you want your own lawyer, you may hire one at your own expense.

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9. How can I exclude myself from the Settlement?

If you fit the definition of a Class Member and want to exclude yourself from the Settlement, you must request exclusion in writing by April 8, 2019. You may be excluded as a member of the class by submitting a written request stating, “I hereby request that I be excluded from the proposed settlement class in the case of Wilson et al. vs. T-Mobile USA, Inc.” The request must include your name, your address, and your signature. The letter must be postmarked or received by the Settlement Administrator no later than April 8, 2019 at:

Wilson v. T-Mobile Settlement
c/o CPT Group, Inc.
50 Corporate Park
Irvine CA 9260

or electronically at TMobileWilsonSettlement@cptgroup.com. In the alternative you have the option to fill out the form online by using your CPT ID and CLASS MEMBER PASSCODE which can be found on your Claim Form.

If you exclude yourself from the Settlement (i.e., opt out), you will not receive any payment from the Settlement. You will also not be entitled to object to the Settlement as set out in Question 10. If you exclude yourself, you will not be bound by the terms of the Settlement, including the Release described in Question 5. This means you will retain the right at your own expense to pursue any claims you may have against Defendant.

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10. If I don’t like the Settlement, how do I tell the Court?

If you are a Class Member and you do not like the settlement, you can object. If you object, you must do so in writing and you must state the reasons why you think the Court should reject the settlement. The Superior Court will consider your views. If you send a letter, be sure to include the following information: your name, address, and telephone number; the name of the case: Wilson et al. vs. T-Mobile USA, Inc., King County Superior Court Case No. 15-2-30631-6 SEA; the reasons you object to the settlement; and your signature. Your objection letter must be postmarked or received by the Settlement Administrator no later than April 8, 2019.

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11. When and where will the Court decide whether to approve the settlement?

The Court will hold a Fairness Hearing at 8:30 a.m. on May 24, 2019, at the King County Superior Court, 516 3rd Ave., Seattle, Washington, 98104, in Courtroom C-203 of Judge Kristin Richardson. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. You do not have to come to the hearing.

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12. What happens if I do nothing at all?

If the Settlement Administrator does not receive your Claim Form either postmarked or submitted electronically by April 8, 2019, you will not receive a share of the settlement, but you will release all claims against Defendant.  

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13. How do I get more information?

This information summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by downloading a copy from this website or calling Class Counsel at 206-388-5887 or 206-816-6603. Plaintiffs’ motion for final approval of the settlement agreement, including Class Counsel’s request for attorneys’ fees and costs, Settlement Administration Expenses, and Service Awards for the named Plaintiffs will be available for you to review if you contact Class Counsel and request a copy.

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14. Who is the Settlement Administrator?

Wilson v. T-Mobile Settlement
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606

Toll Free: 1-888-826-9503

Copyright 2017 CPT Group, Inc. All Rights Reserved.