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Comcast P2P Congestion Summary Notice

Comcast P2P Congestion Summary Notice

Legal Notice

If You Have Or Had High-Speed Internet Services With Comcast

And Used Peer-To-Peer File Sharing, You May Be Eligible

To Receive A Refund Or Credit From A Class Action Lawsuit.

Please Read This Legal Notice

There is a proposed Settlement of a lawsuit pending in the United States District Court for the Eastern District of Pennsylvania. Hart v. Comcast of Alameda, No. 2:08-MD-1992-LDD. This Notice is only a summary. You should read the full Notice, which is available as set forth below.

What is the Case About?

The lawsuit claims that Comcast promised and advertised specific speeds and unlimited Internet access but impaired the use of some “Peer-to-Peer” file sharing traffic (“P2P”) on its High-Speed Internet network. P2P protocols are used by some Internet users to facilitate sharing and transfer of content such as high-definition movies and audio files between groups of users. P2P protocols are different than most streaming video services like YouTube and Netflix, which do not use P2P and are not involved in this case. Comcast denies these claims, but has revised its management of P2P and is settling to avoid the burden and cost of further litigation.

Who May Be Eligible To Get A Refund Or Credit?

You may be eligible to get a refund or credit if you live in the United States or its Territories with a current or former Comcast High-Speed Internet account and either:

  • Used or attempted to use Comcast service to use the Ares, BitTorrent, eDonkey, FastTrack or Gnutella P2P protocols any time from April 1, 2006 to December 31, 2008 and were unable to share files or have reason to believe that the speed at which files were shared was impaired; and/or
  • Attempted but were unable to use Comcast service to use Lotus Notes to send emails any time from March 26, 2007 to October 3, 2007.

What are the Terms of the Settlement?

Comcast agrees to credit or refund some current or former High-Speed Internet service customers. Comcast agrees to pay up to $16 million dollars, less Settlement costs, to eligible Class Members. If you submit a valid Claim Form, you will receive a share of this amount, not to exceed $16.00. The Settlement is not an admission of wrongdoing by any party.

Who Represents Me?

The Court appointed attorneys (“Class Counsel”) to represent you. They are: Mark N. Todzo and Eric S. Somers of the Lexington Law Group LLP and David R. Scott and Christopher M. Burke of Scott + Scott LLP. You will not be charged for these lawyers’ work. Class Counsel will request an award for attorneys’ fees and expenses from the Court up to $3,000,000. Comcast will pay all attorneys’ fees and expenses. This will not reduce the benefit available to Settlement Class Members. You may hire an attorney at your own expense.

What are my Legal Rights?

  • Stay in the Settlement Class. You do not have to do anything to stay in the Class, but you must submit a Claim Form to receive a credit or refund.
  • Submit a Claim Form for a Credit/Refund. If you wish to file a claim, you must complete a Claim Form. An online Claim Form must be submitted or a paper Claim Form must be postmarked no later than August 29, 2010. Confirmation of this claim deadline will be posted on http://www.p2pcongestionsettlement.com/ after final approval of this Settlement. If you fail to submit a claim electronically or postmark a paper Claim Form by this date, your claim will be rejected. The Claims Administrator will review all claims to determine if you are an eligible Settlement Class Member and if your claim is valid.
  • Object to the Proposed Settlement. You or your lawyer has the right to appear before the Court and object to the proposed Settlement. Written objections must be filed with the Court by May 13, 2010.
  • Exclude Yourself from the Settlement Class. If you do not wish to be a Settlement Class Member, you may exclude yourself by writing to the Claims Administrator. Requests must be postmarked by May 13, 2010. The Court will exclude from the Settlement Class any person who requests exclusion by this date.

If the Court approves the proposed Settlement and you remain a Class Member, you are eligible to receive benefits. You will be bound by all orders and judgments of the Court and you give up any right to sue Comcast over issues involved in this case.

When Will the Court Consider the Proposed Settlement?

The Court will hold a fairness hearing to determine if the proposed Settlement is fair, reasonable and adequate, and to consider Class Counsel’s motion for an award of attorneys’ fees and expenses. The hearing will be held on June 15, 2010 at 10:00 a.m., in Courtroom 6A, United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA. The Court will consider any timely filed objections at that time. If the hearing is relocated or rescheduled, the new location or date will be posted.

For further information and a copy of the

Notice of Proposed Class Action Settlement:

Call: 1-877-567-2754 Visit: http://www.p2pcongestionsettlement.com/

Write: P2P Congestion Settlement Claims Administrator

c/o Rust Consulting, P.O. Box 9454, Minneapolis, MN 5440-9454


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