declaration of jay playter - …sprintsurchargesettlement.com/pdf/exhibit c-declaration of...

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- 1 - IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION ERIC BARKWELL and GARY MASSEY, on behalf of themselves and all other similarly situated Persons, Plaintiffs, v. SPRINT COMMUNICATIONS COMPANY, L.P, SPRINT NEXTEL CORPORATION, SPRINT SOLUTIONS, INC., and SPRINT SPECTRUM, L.P., Defendants. : : : : : : : : : : : : : : CASE NO. 4:09-CV-56 (CDL) DECLARATION OF JAY PLAYTER I, Jay Playter, pursuant to 28 U.S.C. § 1746, hereby declare as follows: 1. I am an adult individual over the age of eighteen years and am competent to make this Declaration. I hold the position of Pricing Analyst at Sprint and have been in this position since 2013. I make this declaration based on my personal knowledge of the information and records available to me as they are kept in the ordinary course of business; information obtained from other employees upon whom I regularly rely in the ordinary course of business; and/or my general knowledge. 2. As one of my duties as Pricing Analyst, I am responsible for working with Sprint’s Legal Department to implement the Court-approved Notice Plan (D.E. 79). 3. Gilardi & Co. LLC (“Gilardi”), the Court-appointed claims administrator, is responsible for implementing the majority of the Notice Plan. Sprint, however, was obligated to: (i) disseminate the Invoice Notice to active and current Sprint consumer customers; and (ii) ensure that the Summary Notice was published on Sprint’s website. Case 4:09-cv-00056-CDL Document 85-3 Filed 02/07/14 Page 1 of 14

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Page 1: DECLARATION OF JAY PLAYTER - …sprintsurchargesettlement.com/pdf/Exhibit C-Declaration of Jay... · this declaration. i ... Õ ¦@Ã ¢kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk

- 1 -

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA

COLUMBUS DIVISION

ERIC BARKWELL and GARY MASSEY, on behalf of themselves and all other similarly situated Persons,

Plaintiffs, v. SPRINT COMMUNICATIONS COMPANY, L.P, SPRINT NEXTEL CORPORATION, SPRINT SOLUTIONS, INC., and SPRINT SPECTRUM, L.P.,

Defendants.

: : : : : : : : : : : : : :

CASE NO. 4:09-CV-56 (CDL)

DECLARATION OF JAY PLAYTER

I, Jay Playter, pursuant to 28 U.S.C. § 1746, hereby declare as follows:

1. I am an adult individual over the age of eighteen years and am competent to make

this Declaration. I hold the position of Pricing Analyst at Sprint and have been in this position

since 2013. I make this declaration based on my personal knowledge of the information and

records available to me as they are kept in the ordinary course of business; information obtained

from other employees upon whom I regularly rely in the ordinary course of business; and/or my

general knowledge.

2. As one of my duties as Pricing Analyst, I am responsible for working with

Sprint’s Legal Department to implement the Court-approved Notice Plan (D.E. 79).

3. Gilardi & Co. LLC (“Gilardi”), the Court-appointed claims administrator, is

responsible for implementing the majority of the Notice Plan. Sprint, however, was obligated to:

(i) disseminate the Invoice Notice to active and current Sprint consumer customers; and (ii)

ensure that the Summary Notice was published on Sprint’s website.

Case 4:09-cv-00056-CDL Document 85-3 Filed 02/07/14 Page 1 of 14

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- 2 -

4. To date, Sprint has provided data files to Gilardi containing contact information

for all former or non-active customers who, through a series of data pulls accomplished by

Sprint’s IT personnel, were determined to be members of the Fee Notice Sub-Class.

5. Additionally, during the December Sprint billing cycles, approximately between

December 1, 2013 and December 31, 2013, Sprint caused the Invoice Notice to appear in the

Sprint subscriber billing statements for one full monthly billing cycle. The Invoice Notice

advised all then-active and current Sprint consumer customers (referred to as ‘Individual Liable’)

consisting of approximately 11,640,000 million accounts (representing many more lines of

service to persons and entities) of the settlement. The Invoice Notice included both English and

Spanish translations and included a bill message and the Summary Notice. A true and correct

copy of the Invoice Notice is attached as Exhibit A.

6. On November 8, 2013, Sprint published the Summary Notice at

www.sprint.com/legal/surcharge_settlement.html. The Summary Notice, which has remained on

the website continuously since November 8, 2013, directs potential Settlement Class members to

both the settlement website (www.sprintsurchargesettlement.com) and the toll-free number (1-

866-571-4407) established by Gilardi. A true and correct copy of the Summary Notice that was

published is attached as Exhibit B.

7. Sprint’s customer care representatives were also instructed to direct callers

inquiring about the settlement to both the settlement website

(www.sprintsurchargesettlement.com) and the toll-free number (1-866-571-4407) established by

Gilardi.

8. To date, Sprint’s costs in implementing the Notice Plan, including fees owed to

Gilardi, total approximately $583,000.

Case 4:09-cv-00056-CDL Document 85-3 Filed 02/07/14 Page 2 of 14

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Case 4:09-cv-00056-CDL Document 85-3 Filed 02/07/14 Page 3 of 14

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Exhibit A

Case 4:09-cv-00056-CDL Document 85-3 Filed 02/07/14 Page 4 of 14

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Customer Account Number Bill Period Bill Date

Bethany Murphy 123171459� Nov 19 Dec 18- Dec 22, 2013� 1of 8�

HelloZ

(479) 599-3106 Previous Balance................................................................................

Payment on Nov 23........................................................................... -

New Charges.....................................................................................

Total Due �

Sprint is making changes to its policies.Please see the "Sprint News andNotices" box on page 2, the back ofthis page, for details.

You can contact SprintCustomer Service

On the Web:www.sprint.com

By Phone:1-888-211-4727

Use your Mobile free of charge:Dial *2 to contact Customer ServiceDial *3 to make a one-time payment

Amount due�

Amount Enclosed

Æùððõôðù÷÷÷÷õÆ

PO BOX 54977LOS ANGELES, CA 90054-0977

Detach and return this remittance form with your payment.

#BWNKCTX#0000 0123171459 B 3#MANIFESTLINE------------------

BETHANY MURPHY323 WESTERN HILLS DRSILOAM SPGS, AR 72761-2572

Æõõõõõôôôôòò�Æ

123171459 00000010740 000000107400 000000214805

Case 4:09-cv-00056-CDL Document 85-3 Filed 02/07/14 Page 5 of 14

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Customer Account Number Bill Period Bill Date

Bethany Murphy 123171459� Nov 19 Dec 18- Dec 22, 2013� 2of 8�

SPRINT NEWS AND NOTICESThis section contains important updatesabout your Sprint Services, Including Serviceor Rate Changes, Promotions and Offers.

Settlement of Class Action-SprintSurchargesConsumer customers who paid SprintSurcharges from 1/1/07 to 10/8/13 may bemembers of a proposed class settlement andeligible for cash or non-cash benefits. Forinformation, see the Legal Notice included inthis invoice or visitsprintsurchargesettlement.com.

Philippines Relief For Typhoon HaiyanTo assist following the recent disaster,affected customers will be credited for selectusage charges incurred between 11/8/13 and12/7/13.

Phone SecuritySprint encourages you to set a phonepasscode or lock to help preventunauthorized access. See your phone's userguide for instructions. Also considerdownloading a security app for your phone.Report stolen phones to Sprint to protect youraccount. For more information visitsprint.com/stolenphone.

IMPORTANT INFORMATION RELATING TO YOUR SPRINT BILL

Billing Information. This bill is due on the date shown. A late payment charge applies for unpaid wirelessservice balances (unless excluded by your plan) and is charged at the highest rate permissible by law. Sprintmay impose a returned check charge of up to $40. Service is subject to suspension or disconnection ifpayment is not received by the due date shown. Contact us first with billing disputes, which must be madewithin 60 days of the invoice date. Charges not properly disputed will be deemed accepted and due by thedate shown. Due to 3rd party delays, roaming charges accrued during a billing period may appear onsubsequent bills.Contact Sprint. Sprint Customer Service, PO Box 8077, London, KY 40742 (include your name and accountnumber). Please do not include any correspondence in your bill.Call detail. Full call detail information is available online.

E911. Enhanced 911 (E911) services, which provide public safety officials your location during a 911 call arenot available everywhere and at all times. E911 availability is dependent on many factors, including theability of particular local public safety agencies to receive and process location information, the capabilitiesof your equipment and other factors affecting the delivery of services.Your Privacy. Protect against unauthorized account access by using a Personal Identification Number (PIN)to identify yourself when calling Care or visiting a retail store. Visit sprint.com/pin to establish or change yourPIN. Don't use commonly known info like birthdays or SSNs. To access your account online, create a uniqueUserID/password. To review Sprint's Privacy Policy, go to sprint.com.

ETF per line: If you have term commitment & cancel your Agreement early, an ETF of up to $350 forAdvanced Devices and up to $200 for other devices applies per line. Prorated ETF calculated by monthsremaining in term times $20 (max. $350 & min. $100) for Advanced Devices or months remaining times $10for other devices (max. $200 & min. $50). No ETF in accordance with Sprint's Return Policy. Seesprint.com/etf.Terms & Conditions/Service Updates. The terms & conditions of Sprint service sometimes change. Thecurrent version is available online. Updates to your service are provided in the Sprint News and Noticessection.

[ ]

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Protect Your Voicemail���������������������������������Use a passcode to protect against unauthorized access.�

Address Ch

ange

If you don't use a passcode, anyone who has your�������handset can access your messages; therefore we���������strongly recommend you set one up. It's easy - just����access your voicemail and follow the prompts.����������

Email

AutoP

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NAME

MAILING ADDRESS

CITY STATE ZIP

EMAIL

E-Bill: Receive your bill by email(you will no longer receive paper bills).

Receive Sprint updates and special offers via email.

Sign up to have your Sprint bill automatically paid every month using your checking accountby visiting www.sprint.com.

Case 4:09-cv-00056-CDL Document 85-3 Filed 02/07/14 Page 6 of 14

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Customer Account Number Bill Period Bill Date

Bethany Murphy 123171459� Nov 19 Dec 18- Dec 22, 2013� 4of 8� Charges(479) 599-3106

Everything Data - 450 Anytime Minutes Included........................................................ Premium Data add-on charge....................................................................................... Total Equipment Protection - $4 insurance premium & $4 service/repair.....................

Spending Limit Program Charge...................................................

Late Payment................................................................................

Sprint Surcharges..........................................................................

Government Taxes & Fees............................................................

Total

Usage SummarySingle Plan - Everything Data

Additional

Included Used Charges

(479) 599-3106

--

Details, details... (479) 599-3106

Your Base Plan includes

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Customer Account Number Bill Period Bill Date

Bethany Murphy 123171459� Nov 19 Dec 18- Dec 22, 2013� 5of 8� Details, details (continued)...Sprint Surcharges Sprint Surcharges are rates we choose to collect from you at our discretion to help defray certaincosts, including but not limited to, costs associated with government programs and networkconnections. Surcharges are not taxes or amounts we are required to collect from you by law.Surcharges may include, but are not limited to: Federal USF, Regulatory Charge, AdministrativeCharge, Gross Receipts Charges, and other charges. The amounts, and the components used tocalculate Surcharge amounts, are subject to change.

Federal-Univ Serv Assess Non-LD��............................................................. Arkansas State-High Cost Charge�............................................................... Administrative Charge�................................................................................ Regulatory Charge�......................................................................................

Government Taxes & Fees Taxes and fees imposed directly on customers, which Sprint collects on the government's behalf.

Arkansas State-911 Tax�.............................................................................. Arkansas State-Equipment Fund Charge�..................................................... Arkansas State-Sales Tax�............................................................................ Arkansas State-TRS Charge�........................................................................ Benton County-Sales Tax�............................................................................ Siloam Springs City-Sales Tax�.....................................................................

Call detailsWant a shorter bill?Switch to summary format by calling SprintCustomer Service or by visitingwww.sprint.com.

(479) 599-3106

Voice Call DetailsDate Time Phone Call Destination Rate Type Minutes Total

Number Used Charges

1

Anytime/Plan Usage NW - Night and Weekends WC-Any Mobile,Anytime

Case 4:09-cv-00056-CDL Document 85-3 Filed 02/07/14 Page 9 of 14

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Customer Account Number Bill Period Bill Date

Bethany Murphy 123171459� Nov 19 Dec 18- Dec 22, 2013� 6of 8� Call details(479) 599-3106 (Continued)

Voice Call DetailsDate Time Phone Call Destination Rate Type Minutes Total

Number Used Charges

16

NW - Night and Weekends WC-Any Mobile,Anytime AU - Anytime/Plan Usage AM - Off Network - Included in America Plan

CW - Call Waiting

Case 4:09-cv-00056-CDL Document 85-3 Filed 02/07/14 Page 10 of 14

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Customer Account Number Bill Period Bill Date

Bethany Murphy 123171459� Nov 19 Dec 18- Dec 22, 2013� 7of 8� Call details(479) 599-3106 (Continued)

Voice Call DetailsDate Time Phone Call Destination Rate Type Minutes Total

Number Used Charges

60

NW - Night and Weekends AU - Anytime/Plan Usage WC-Any Mobile,Anytime

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Exhibit B

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