Class Action Settlement With Helio Provides Refunds for Flat-Rate Early Termination Fees

Oct 06, 2010, 16:57 ET from Edelson McGuire LLC

LOS ANGELES,  Oct. 6 /PRNewswire/ -- Helio LLC ("Helio") has agreed to settle a class action lawsuit involving claims that Helio improperly charged its customers flat-rate early termination fees ("ETFs") when the customers terminated their wireless telephone contracts prior to the contracts' expiration dates.

The Superior Court of California, County of Los Angeles, preliminarily approved the settlement on September 20, 2010.  Under the agreement, Helio has established a fund of $950,000 for the payment of refunds to settlement class members, as well as administrative expenses, attorneys' fees, and an incentive award to the class representative.

Settlement class members include all current and former Helio customers in the United States and its territories who, at any time prior to October 4, 2010, were parties to a contract with Helio for wireless telephone service that contained an ETF provision.  Such customers are class members whether or not they paid any portion of the ETF to Helio or to any third party collection agency or any other party to which Helio assigned its rights.  Former employees, officers, or agents of Helio may not participate in the settlement.

Settlement class members are eligible to receive either:  (1) a cash award of $10.00, or (2) a refund equal to the difference between the flat-rate ETF they paid and what they would have paid had the ETF been pro-rated.  In addition to the fund, Helio has agreed to refrain from charging flat-rate ETFs.  The Settlement also makes possible the disbursement of significant monies to charities to be approved by the Court.

Helio denies any wrongful conduct, and the settlement is in no way a judgment or ruling by the Court that any party engaged in any wrongful or unlawful conduct.

Steven L. Lezell and Sean Reis of Edelson McGuire, LLC were appointed by the Court to serve as the attorneys for the Class.  Full details can be found at the settlement website,  Class members may also call the claims administrator at (888) 701-8252 or class counsel at (866) 354-3015.

Plaintiff's Law Firm:

Edelson McGuire, LLC

Steven L. Lezell, Esq.

Telephone: (312) 589-6370

Facsimile: (312) 589-6378

SOURCE Edelson McGuire LLC