Matthews, et al. v. TCL Communication, Inc. et al.

Matthews, et al. v. TCL Communication, Inc. et al.
Case No: 3:17-cv-95
USDC for the Western District of North Carolina


What Is This Settlement About?

If you own an Alcatel OneTouch Idol 3 Smartphone you may be entitled to participate in a class action settlement. A lawsuit was filed in the U.S. District Court for the Western District of North Carolina, called Matthews, et al. v. TCL Communication, Inc. et al., case No. 3:17-cv-95, in which the Plaintiffs alleged that the Defendants greatly reduced the functionality of the Idol 3 Smartphones by removing LTE Band 12 functionality in a software update. The two sides disagree on whether Defendants did anything wrong and have entered into a settlement that may benefit you. If you reside in North Carolina or Kentucky and purchased either an Alcatel OneTouch Idol 3 4.7 or 5.5 inch smartphone during the time period of January 1, 2015 – December 27, 2016, you are a Class Member and may be eligible to make a claim.

What Are Your Rights And Options?

You have a choice about whether to join the settlement by submitting a claim form, doing nothing, requesting to be excluded or objecting to the settlement.

If you choose to be included, you will share in the settlement and may be eligible for either a new phone or restoration of Band 12 capability on your smartphone. By joining the settlement, you give up rights to separately bring a lawsuit on your own against any of the Defendants for the same claims in this lawsuit. If you want to be included, you must complete and return the claim form available on this website by no later than April 13, 2019.

By doing nothing, you will not receive any relief from the settlement.  If the Court approves the Settlement and that approval becomes final, you will be deemed to have released and waived any claims, which were, or could have been, alleged in the lawsuit for removal of Band 12.

You may exclude yourself from the Settlement by submitting a “Request for Exclusion” to counsel for the Parties, as detailed in the Notice by June 29, 2018. If you exclude yourself, you will not participate in these proceedings, nor will you receive any relief from this Settlement. You also will retain the right to assert any claims you may have against Defendants for their removal of Band 12. 

If you do not submit a timely and complete Request for Exclusion, you can object to the terms of the Settlement, and/or the attorneys’ request for fees and expenses, and/or the Settlement Class Representatives’ request for Incentive Awards as detailed in the Notice by no later than June 29, 2018.

How Can You Get More Information?

More information can be found under the Notice section of the Court Documents section of this website, or by contacting Plaintiffs’ Class Counsel: Nicholas A. Migliaccio and Jason S. Rathod of Migliaccio & Rathod LLP, 412 H Street NE, Suite 302, Washington, D.C. 20003; and Gary E. Mason of Whitfield Bryson & Mason, LLP, 5101 Wisconsin Ave NW, Ste 305, Washington, DC 20016; or by calling 1-866-742-4955.