Legal Notice

If You Are A Current or Former T-Mobile Customer
You may be entitled to money from a class action Settlement

Para ver este aviso en espanol, visita www.etf-settlement.com/espanol

• A proposed Settlement is pending in a class action entitled Milliron v. T-Mobile USA, Inc., No. 08-04149(JLL) (ES) in the U.S. District Court for the District of New Jersey. The lawsuit alleges that T-Mobile violated state and federal laws by charging customers a flat-rate early termination fee (“ETF”) in its wireless telephone service contracts.



• You are part of the lawsuit if you are a current or former T-Mobile wireless subscriber who paid or were charged a flat-rate ETF from July 23, 1999 to February 19, 2009, or if your contract for service included a flat-rate ETF from July 23, 1999 to February 19, 2009.

Your Legal Rights Are Affected Even If You Do Not Act.

Read This Notice Carefully.

A Summary of Your Rights and Choices:

THESE RIGHTS AND OPTIONS
– AND THE DEADLINES TO EXERCISE THEM –
ARE EXPLAINED IN THIS NOTICE.

1. What is this Notice about?

You received this Notice because you are a current or former T-Mobile customer who had a wireless telephone service contract that contained an ETF provision from July 23, 1999 to February 19, 2009.

This Notice explains:

• What the lawsuit and the Settlement are about.



• Who is affected by the Settlement.



• Who represents the Class in the lawsuit.



• What your legal rights and choices are.



• How and by when you need to act.

2. What is a class action and who is involved?

In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of people who have similar claims. The people together are a “Class” or “Class Members.” In this case, the people that initiated the lawsuit (“Plaintiffs”) and the company being sued, T-Mobile, (“Defendants”) have reached a Proposed Settlement. The Court has allowed, or “certified,” a class action in this case and all decisions made will affect everyone in the class.

3. What is this lawsuit about?

The lawsuit claims that T-Mobile violated state and federal laws by imposing a flat-rate ETF. The suit seeks monetary damages and restitution, and declaratory and injunctive relief.

The Settlement resolves several other cases that challenge T-Mobile’s flat-rate ETF, including:

• Gatton v. T-Mobile USA, Inc., No. RG03108118, pending in Alameda County, California Superior Court;
  
  
• Greene v. T-Mobile USA, Inc., No. C07-1563RSM, pending in the United States District Court for the Western District of Washington;
  
  
• Greener v. T-Mobile USA, Inc., No. CV-06-452-S-EJL, pending in the United States District Court for the District of Idaho;
  
  
• Hellman v. T-Mobile USA, Inc., No. 502004CA005061MB, pending in the 15th Judicial Circuit, Palm Beach County, Florida;
  
  
• Jones v. T-Mobile USA, Inc., No. 08CH44359, pending in the Cook County, Illinois Circuit Court, Chancery Division; and
  
  
• Sweetnam v. T-Mobile USA, Inc., No. C06-1463RSM, pending in the United States District Court for the Western District of Washington.

T-Mobile denies any wrongdoing and contends that the flat-rate ETF is legal and proper. The Court has not made a decision on the merits of the lawsuit.

4. Why are these lawsuits class actions?

These lawsuits are class actions for purposes of settlement because they meet the requirements of Rule 23 of the Federal Rules of Civil Procedure. In order to be considered a class action, Rule 23 requires the following:

• That there are too many Class Members to be joined in a single action;
  
  
• That there are common questions of law or fact;
  
  
• That claims of the class representative are typical of other class members and their counsel can protect the interest of the whole Class; and
  
  
• That Settlement is the best way to resolve the claims and disputes in the action.

5. Am I a Class Member?

You are Class Member if:

• You were a T-Mobile customer in the U.S. who had a contract with T-Mobile for personal wireless telephone service and were charged or paid a flat-rate ETF from July 23, 1999 to February 19, 2009;
  
  
OR


• You are or were a T-Mobile customer in the U.S. whose contract with T-Mobile for personal wireless telephone service included a provision for payment of a flat-rate ETF from July 23, 1999 to February 19, 2009, and you have not paid or been charged a flat-rate ETF.

6. What are the terms of the Settlement?

T-Mobile will pay $11.5 million into a Settlement fund for Class Members who paid an ETF or who were charged but did not pay an ETF. Relief is as follows:

• If you can prove you paid a flat-rate ETF, or T-Mobile’s records indicate you paid a flat-rate ETF, you may submit a Claim Form and receive up to $125.
  
  
• If you were charged a flat-rate ETF, or T-Mobile’s records indicate you were charged a flat-rate ETF, but did not pay in full and did not receive a full credit within 30 days, you may submit a Claim Form to receive up to $25.
  
  
• Non-cash relief, up to $2 million, will be provided for those who had a service contract with a flat-rate ETF on February 19, 2009. Non-cash relief includes 50 bonus minutes a month for 3 months, 100 bonus text messages a month for 3 months, “T-Mobile HotSpot” access for 7 days, or the right to have your contract with T-Mobile contain a prorated ETF provision not a flat-rate ETF. The actual amount received or non-cash benefits available (other than the prorated ETF benefit) will vary depending on the number of claims received.

For full details on distribution of Settlement benefits, please review the “Plan of Allocation” available at www.etf-settlement.com/planofallocation/.

All costs for administering the Settlement, including the cost of Notice, attorneys’ fees, and litigation costs, will be paid from the Settlement fund before distribution to the Class. The Settlement does not relieve Class Members from any existing or future obligation to pay ETFs owed to T-Mobile.

7. Is there any money available now?

No. No money or benefits are available now because while the Court approved the Settlement on September 10, 2009, settlement benefits will be delayed because objectors to the settlement have filed appeals challenging the Court's final approval order. Benefits will not be distributed until the appeals process is complete.

You need to decide whether or not to participate in the Settlement now.

8. What happens if I do nothing?

The deadlines to file a claim, object to the settlement or request exclusion from it have passed. If you did nothing or if you submitted a Claim Form you will not be able to sue, or continue to sue, T-Mobile—as part of any other lawsuit—under state or federal law about any issues relating to the validity of the flat-rate ETF or the propriety of its assessment or collection.

9. If I remain in the Class, what claims am I giving up?

If you remain in the Settlement, you give up your right sue or be part of any other lawsuit against T-Mobile regarding any issues relating to the flat-rate ETF or the propriety of its assessment or collection.

10. Why would I ask to be excluded?

You want to exclude yourself from this Settlement if you already have a lawsuit or arbitration against T-Mobile for the claims described in Question 3 and want to continue that lawsuit. If you do not exclude yourself, you will be legally bound by all Court orders and you lose your right to sue regarding the issues in this case.

11. How do I exclude myself from the Class?

The Settlement has been approved by the Court. You can no longer exclude yourself from the class.

12. Can I object to the Settlement?

The Settlement has been approved by the Court. You can no longer object to the the Settlement.

13. When is the Settlement Fairness Hearing?

The Court will hold a Fairness Hearing on July 27, 2009, at 10:00 a.m., in the United States District Court for the District of New Jersey, located at 50 Walnut Street, Newark, New Jersey 07101. The Court will consider:

• if the Settlement fair, reasonable, and adequate;
• if the Settlement should be approved;
• attorneys’ fees up to $4.5 million, plus reimbursement of reasonable expenses;
• an incentive award to the Class Representative; and
• any objections.

Attorneys’ fees and Class Representative incentive award will be paid from the Settlement fund. Class Counsel fee requests will be available at www.etf-settlement.com/courtdocuments. You may object to any fee request by mailing your objection to the Court and Class Counsel at the addresses listed in Question 12 by July 22, 2009.

14. Do I have to attend the Fairness Hearing?

No. Your attendance at the Fairness Hearing is not required even if you submitted a written objection or comment. Settlement Class Counsel is prepared to respond to questions on your behalf. However, you or your attorney may attend the hearing at your own expense.

15. May I speak at the Fairness Hearing?

Yes. You may speak at the Fairness Hearing to object to the Proposed Settlement or application for attorneys’ fees and expenses, but only if you filed a written objection as described in Question 12. Your objection must include a statement that you intend to appear and be heard at the Fairness Hearing. You may also enter an appearance through an attorney hired at your own expense. If you do not do so, you will be represented by Class Counsel discussed in Question 16.

Until the Court makes a decision on whether the Settlement should be approved, you and your representatives cannot pursue or file a lawsuit against T-Mobile that relate to the settled claims in this case.

16. Do the Settlement Class Members have a lawyer in this case?

Yes. The Court appointed the law firms of Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein; Seeger & Weiss LLP; and Freed & Weiss LLC to represent you and other Class Members. They are called “Class Counsel.” More information about these law firms, their practices, and their lawyers’ experience is available at www.CarellaByrne.com, www.SeegerWeiss.com, and www.FreedWeiss.com.

17. Should I get my own lawyer?

You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, you may hire an attorney at your own expense to represent you and speak on your behalf.

18. How will the lawyers be paid?

Class Counsel will ask the Court for reimbursement of fees and expenses incurred as a result of this lawsuit. The money will be paid from the $11.5 million Settlement fund established by T-Mobile. They have agreed not to seek more than $4.5 million in compensation.

19. Where can I get more information?

This notice is only a summary of relevant court documents. Complete copies of case-related documents are available at www.etf-settlement.com/courtdocuments. You may also contact the Settlement Administrator by calling 1-800-589-1423, by writing the Settlement Administrator at P.O. Box 945, Minneapolis, Minnesota 55440-0945, or by emailing Class Counsel at Info@etf-settlement.com.

Please do not contact T-Mobile. Please do not contact the Court or defense counsel unless you are objecting to the Settlement through the procedure described in Question 12.

DATE: February 20, 2009