Jennifer Case and Willie Morris v. Ameritech Services, Inc.

CLASS ACTION SETTLEMENT INFORMATION

Welcome to the settlement information website for Jennifer Case and Willie Morris v. Ameritech Services, Inc. This Website describes the case and the settlement between the Plaintiffs and SBC Ameritech in Illinois, Michigan, Ohio, Indiana and Wisconsin (“SBC Ameritech”).

We have tried to design this website to help you get information about the proposed settlement of this case. If necessary, however, you can also write to counsel for the Class at:

 

Class Counsel
c/o Lance A. Raphael, Esq.
The Consumer Advocacy Center, P.C.
P.O. Box 641610
Chicago, Illinois 60664-1610

 

DO NOT WRITE TO THE COURT FOR INFORMATION.

This case is currently pending before The Circuit Court of Cook County, Chancery Division RM 2508 Daley Center 50 W. Washington, Chicago IL 60602. The docket number for the case is 02 CH 19210. Judge Patrick McGann is the Judge.

The Plaintiffs here allege that SBC Ameritech violated state consumer protection laws with regard to their theft of identity procedures and procedures for exonerating consumers who may have had accounts open due to theft of identities. To see a copy of the full lawsuit, click here.

SBC Ameritech has denied all of Plaintiffs’ claims, but has chosen to enter into a settlement to resolve the case. SBC Ameritech expressly denies all allegations of wrongdoing and contends that its identity theft, exoneration, new account, and collection procedures all were fair and reasonable. The Settlement does not constitute an admission of any wrongdoing. To see a copy of the settlement, click here.

The Court has therefore certified a Class and approved a settlement for the benefit of that Class. To see a copy of the order, click here.

The links below provide information about who is a Class Member, the terms of the settlement, and how Class Members can object to, or decide not to participate in (opt out of), the settlement.

All Potential Class Members:

To find out if you are a Member of the settlement class, click here.

If you do want to participate in the settlement class, you are required to complete and mail the Theft of Identity Affidavit Claim Form available for download here.   The form must be submitted on or before March 15, 2006.

If you do not want to participate in the settlement class or want to object to the settlement you should click here.

To see a copy of the most current complaint, click here.

To see a copy of the settlement agreement preliminarily approved by the Court, click here.

To see a copy of the Court’s order preliminarily approving the settlement agreement and this settlement, click here.

Class Membership

Class members include all present and former customers of SBC Ameritech, who according to Defendant’s records, and the records of Defendant’s third party collection agents, meet the following criteria: (1) the consumer had a telephone services account opened with SBC Ameritech in Illinois, Michigan, Ohio, Indiana or Wisconsin, (2) SBC Ameritech opened a second account in that consumer’s name, (3) the consumer had not given authorization for the opening of that second account, and (4) SBC Ameritech submitted the second account to a third party collection agency for collection action from the original consumer, who did not timely opt out of this settlement or was otherwise excluded from this settlement.


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Objections or Opt Outs

If you DO NOT object to the terms of the settlement, but just do NOT want to participate in the class action, in which case you will not be bound to the settlement or share in any benefit, you must tell us in writing by sending us a letter which states that “I am opting out of the Ameritech settlement in the Case v. Ameritech case and do not want to participate. I will not share in the settlement.” to Lance A. Raphael, The Consumer Advocacy Center, P.C., 180 West Washington, Suite 700, Chicago, IL 60602, and Leslie M. Smith, Kirkland & Ellis LLP, 200 E. Randolph, Chicago, IL 60601, which must be received by October 31, 2005. You must provide your full name and address.

If you DO object to the terms of the settlement, you must submit your objection in writing to the Clerk of the Court, Daley Center, Room 801, Chicago, IL 60602. The objection must be received by the Clerk of the Court on or before October 31, 2005. You must also serve copies of the objection on Lance A. Raphael, The Consumer Advocacy Center, P.C., 180 West Washington, Suite 700, Chicago, IL 60602, and Leslie M. Smith, Kirkland & Ellis LLP, 200 E. Randolph, Chicago, IL 60601, by the same date.

Any objection must include the name and number of your SBC Ameritech account and a statement of the reasons (in no more than 15 pages) why you believe that the Court should find that the proposed settlement is not in the best interests of the class. If you do file an objection and wish it to be considered, you must also appear at the hearing before Judge McGann on November 21, 2005. Please note that it is not sufficient to simply say that you object. You must state specific reasons why the settlement should not be approved. THE COURT REQUIRES THAT ANY OBJECTIONS BE RECEIVED BY THE CLERK OF THE COURT BY OCTOBER 31, 2005.


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