Foley v. Greene Communications Inc. et al.

IF YOU ARE A CURRENT OR FORMER CUSTOMER OF CABLE TV OF EAST ALABAMA (“CTVEA”) WHO SUBSCRIBED TO CTVEA FOR DIGITAL CABLE AT ANY TIME BETWEEN AUGUST 10, 2010 AND THE PRESENT, PLEASE READ THIS NOTICE CAREFULLY.  YOUR RIGHTS MAY BE AFFECTED.

This matter is pending in the United States District Court for the Middle District of Alabama, Eastern Division (the “Court”).

A proposed class settlement involving CTVEA (the “Settlement”), if finally approved by the Court, will provide account credits to current digital cable video customers of CTVEA and cash payments to former digital cable video customers who fit within the definition of the Settlement Class (see below).   PLEASE READ THIS ENTIRE NOTICE, AS YOUR RIGHTS MAY BE AFFECTED.

A Settlement has been preliminarily approved in the lawsuit Foley v. Greene Communciations, Inc., et al., Civil Action No. 3:14-cv-877-GMB, in which the Plaintiff alleges that Defendant CTVEA’s practice of requiring Premium Cable subscribers to lease one of its set-top boxes constitutes an unlawful tying arrangement that violates Section 1 of the Sherman Antitrust Act.  CTVEA denies all allegations.  You may fund more information about the claims in the case on this website or by calling 1-866-742-4955.

Am I a Class Member?  The certified Settlement Class consists of all persons in the United States who subscribed to CTVEA for residential digital cable video services and paid CTVEA a monthly rental fee for an accompanying set-top box, excluding a digital television adapter ("DTA") that converts analog to digital video, during the period August 10, 2010 through the Effective Date of the Settlement (which will be after the Court grants final approval and any appeals are resolved in favor of the Settlement), subject to exclusions from the Settlement Class.

What Are My Options?  You may do one of several things if you are a Settlement Class Member, as set forth below:

REMAIN A MEMBER OF THE SETTLEMENT CLASS AND RECEIVE AN ACCOUNT CREDIT OF $30 IF YOU ARE A CURRENT CUSTOMER OF CTVEA, OR RECEIVE A CASH PAYMENT OF $20 IF YOU ARE A FORMER CUSTOMER OF CTVEA.

If you are a current customer of CTVEA in good standing, you will receive a $30 account credit for services not currently subscribed to.  You will have to elect the services to which the credit should be applied by submitting an Election Form here no later than September 27, 2016.

If you are a former customer of CTVEA in good standing, you will have to submit a claim form to receive your cash payment of $20 from CTVEA.  You can obtain a claim form here or by calling 1-866-742-4955.  Your Claim Form must be postmarked by September 27, 2016.

You will be issued your account credit or, if you are a former customer and file a claim, your check, if and when the Court grants final approval of the Settlement, and any appeals are resolved in favor of the Settlement. The process for final approval and allocation and distribution of funds takes time; please be patient.

ASK TO BE EXCLUDED
(“OPT OUT”)

Get no credit or payment.  If you opt out, you may retain your own lawyer at your own expense and pursue your own claims against CTVEA. You must submit a request to be excluded postmarked no later than July 29, 2016.  See below or call 1-866-742-4955 for instructions on how to opt out of the Settlement.

OBJECT TO THE SETTLEMENT

If you do not agree with the Settlement, you can file with the Court an objection explaining why you do not agree with the Settlement. You must submit your written objection postmarked no later than July 29, 2016.  See below or call 1-866-742-4955 for instructions on how to object to the Settlement.

GO TO THE FINAL FAIRNESS HEARING

If you file an objection to the Settlement, you can attend and request to be heard at the Final Fairness Hearing, either personally or through an attorney (whom you may retain at your own expense), at which time the Court will make a final decision as to whether the proposed Settlement is fair to all members of the Settlement Class.  You must file a request to appear at the Final Fairness Hearing no later than July 29, 2016.  See below or call 1-866-742-4955 for instructions on how to file a request to appear at the Final Fairness Hearing, which will be held on August 30, 2016, at 10:00 a.m.

  • These rights and options – and the deadlines to exercise them – are explained in the Notice and in the proposed Settlement Agreement.

  • The proposed Settlement will resolve all claims against the Defendants in the litigation as explained in the proposed Settlement Agreement.  The Court hearing this case still has to decide whether to approve the proposed Settlement.  Payments and credits will only be issued if the Court finally approves the Settlement and any appeals are resolved in favor of the proposed Settlement.  Please be patient.

WHAT IF I DO NOT WANT TO BE PART OF THE SETTLEMENT?
If you do not want to participate in the proposed Settlement, then you must send a written request to opt out of the Settlement to the Settlement Administrator, RG/2 Claims Administration LLC, postmarked NO LATER THAN July 29, 2016, which opt-out request must include your name, address, telephone number, federal Social Security Number or Tax Identification Number, and original signature.   Opt-out requests must be submitted to: 

RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA  19102-9479

CAN I PARTICIPATE IN THE FINAL FAIRNESS HEARING?
Any putative Class Member who objects to the proposed Settlement with Defendants, the Settlement Agreement, or the applications for attorneys’ fees and expenses may appear at the Final Fairness Hearing and present such objections.  If you wish to be represented at the Final Fairness Hearing by a lawyer, you will have to retain one at your own expense. In order to object, you must, on or before July 29, 2016, comply fully with the following requirements:

  • You must file with the Court a written statement setting forth your objections to the matters to be considered and the basis for those objections, together with any documentation you want the Court to consider.  Your objection must be filed in writing with the Clerk of the Court no later than July 29, 2016 at the following address:

    Ms. Debra P. Hackett
    Clerk of Court
    U.S. District Court
    P.O. Box 711
    Montgomery, AL 36101-0711

  • If you intend to appear at the Final Fairness Hearing to be heard regarding your objection, either personally or through an attorney, you must also file with the Court a written notice of intention to appear at this same time (that is, on or before July 29, 2016).

  • On the same date, you must serve all copies of all such materials, either by hand or overnight delivery, upon the following counsel:

    W. Tucker Brown
    WHATLEY KALLAS, LLP
    2001 Park Place North
    1000 Park Place Tower
    Birmingham, AL  35203
    Tel: (205) 488-1200
    Fax: (800) 922-4851

    Attorneys for Plaintiff J. Michael Foley

    Ronald G. Davenport
    RUSHTON, STAKELY, JOHNSTON & GARRETT, P.C.
    P.O. Box 270
    Montgomery, AL 36101-0270
    Telephone: 334-206-3100
    Fax: 334-262-6277

    Adam S. Caldwell
    DAVIS WRIGHT TREMAINE LLP
    1919 Pennsylvania Ave.
    Suite 800
    Washington, D.C. 20006-3401
    Telephone: 202-973-4200
    Fax: 202-973-4499

    Attorneys for Defendants