Prison Phone Justice

Appendix 1

SIDLEY AUSTIN LLP

IDLEYI

SIDLEY AUSTIN

LLP

BEIJING

LOS ANGELES

ONE SOUTH DEARBORN STREET

BRUSSELS

NEW YORK

CHICAGO, IL 60603

CHICAGO

PALO ALTO

(312) 653 7000

DALLAS

SAN FRANCISCO

(312) 853 7036 FAX

FRANKFURT

SHANGHAI

GENEVA
HONG KONG

SINGAPORE
SYDNEY

HOUSTON

TOKYO

LONDON

WASHINGTON, D,C,

cdouglas@sldley,com
(312) 853 1706

FOUNDED 1866

January 22,2013

Via Email Only
Chris R. Youtz
Sirianni Youtz Spoonemore
999 Third Avenue, Suite 3650
Seattle, Washington 98104
Re:

Judd, et al. v. AT&T, et al.
King County Superior Court No. 00-2-17565-5 SEA

Dear Chris:
This CR 2A letter confirms the settiement that has been reached between .A.T&T and Lhe
two classes certified by the Court on February 23,2012, the "InterLATA Call Recipients Class"
and the "IntraLATA Call Recipients Class." The tenns, which are fully enforceable, are as
follows:

1.

Payment by AT&T of $45,000,000, inclusive of fees, costs, cost of
administration, costs of notice and incentive payments. This is an "all in" net
figure. AT&T will bear no responsibility to the classes or class counsel beyond
this figure. The money will be wired to an escrow account established by class
counsel by the close of business on Thursday, March 21,2013. This money will
be held pending fmal approval of the settlement. Any interest generated on this
account will belong to the beneficiaries of the settlement.

2.

Mutual releases, including a full release of all claims that either class has, had, or
may have in the future against AT&T relating to or arising out of the facts alleged
in this lawsuit.

3.

The procedure for distributing funds to class members shall be detennined by
class counsel with approval by the Court. Class counsel intends to use a method
similar to the method approved by the Court with respect to the T-Netix

Sidley AusUn LLP is a limited liobill!)' partnership practicing in affiliation with other Sidley Austin pertnerships.

Chris R. Youtz
January 22, 2013
Page 2

settlement. Class counsel will draft and distribute notice to the class, after
approval by the Court.
4.

Any residual funds, as defined in CR 23(f)(1), shall be distributed as follows:
1.

As provided in CR 23(f)(2), twenty-five percent of the residual funds shall
be distributed to the Legal Foundation of Washington.

2.

AT&T shall be permitted to recommend to the Court the designation of up
to twenty-five percent of the residual funds, subject to each of the
following:

3.

a.

The recommendation must comply with CR 23(f).

b.

The funds must be designated to an entity which provides, directly
or indirectly, educational, financial, or other assistance to (i)
prisoners or former prisoners in Washington State, (ii) the family
members of prisoners or former prisoners in Washington State, or
(iii) any legal aid or services organizations (or their umbrella
organizations, including the Legal Foundation of Washington)
operating exclusively or nearly exclusively in Washington State
which provides educational, financial, or other services for
prisoners or formers prisoners in Washington State, or the family
members of prisoners or former prisoners.

c.

Class counsel shall be permitted to object to AT&T's
recommendation for good cause.

d.

The Court shall retain ultimate authority with respect to the
distribution of these residual funds.

Class counsel shall be permitted to recommend the distribution of the
remaining residual funds (which shall not be less than fifty percent of the
total residual funds) consistent with the requirements ofCR 23(f). AT&T
shall be permitted to object to class counsel's recommendation for good
cause. Any designation shall be subject to approval by the Court, who
shall retain ultimate authority with respect to the distribution of these
residual funds.

Chris R. Youtz
January 22,2013
Page 3

5.

The settlement and allocation plan will be subject to approval by the Court after
notice is given to the class. Class counsel will file a motion seeking preliminary
approval of the settlement.

6.

Class counsel will seek an award of attorney fees of up to thirty-five percent of
the gross settlement amount under the common fund doctrine. Class counsel will
seek reimbursement of its litigation costs actually incurred. Class counsel will
seek incentive awards for the class representatives in the sum of $50,000 each.
AT&T will not oppose counsel's request for fees, costs or incentive awards that
do not exceed these amounts. Attorney fees, costs and incentive awards must be
approved by the Court.

7.

Nothing in this agreement shall be construed to prevent AT&T from continuing to
prosecute its appeal from the WUTC's Order 25 or its claim for indemnification
against T -N etix.

8.

The parties will execute a fuller, formal settlement agreement that is not
inconsistent with the terms of this agreement. Any dispute over the terms,
interpretation andlor performance of this CR 2A letter or the long form agreement
is subject to final and binding arbitration before Hon. Edward Infante (Ret.).

Please sign below indicating your acceptance of these terms and return a copy to me.
Thank you for your efforts to resolve this matter.
Very truly yours,

Charles W. Douglas

cc:

Hon. Edward A. Infante (Ret.)

Appendix 2

PLAN OF ALLOCATION: AT&T CALL CLASS CLAIMS
Judd, Herivel and Columbia v. AT&T, T-Netix, Inc, No. 00-2-17565-5 SEA,
Superior Court of Washington, for King County

1. AT&T Call Class Award. Each AT&T Call Class Member’s maximum award
shall be equal to (a) the aggregate cost of all intraLATA collect calls from the
Former PTI Facilities accepted by the AT&T Call Class Member during the Class
Period, plus (b) the aggregate cost of all interLATA collect calls from the AT&T
DOC Facilities accepted by the AT&T Call Class Member during the Class
Period, plus (c) two hundred dollars. If the claimed maximum awards of all
AT&T Call Class Members exceed the Net Settlement Amount, then each AT&T
Call Class Member’s maximum award shall be reduced pro rata with all other
AT&T Call Class Members’ claims. If the claimed maximum awards of all AT&T
Call Class Members are less than the Net Settlement Amount, then any residual
funds shall be distributed as set forth in the Settlement Agreement, Section 7.
2. Methods of Proof of Claim
a. Presumptive Awards. AT&T Call Class members identified or matched,
by name and address, through a reverse phone look-up for accepted calls
shall be presumed to have a valid claim. A notice shall be sent to each of
these members indicating the amount of the presumed award. A claim
form, pre-filled out, will also be in the mailing. An AT&T Call Class
Member need only verify, sign and return the form to be entitled to an
AT&T Call Class Award. Alternatively, the individual may claim his or
her AT&T Call Class Award electronically though a web-based claim
process.
b. Minimal Proof Awards. AT&T Call Class members not entitled to a
presumptive award, but who can provide the claims administrator with a
telephone number that received either (a) an intraLATA collect call from a
Former PTI Facility during the Class Period and/or (b) an interLATA
collect call from a AT&T DOC Facility during the Class Period is entitled
to a minimal proof award if that individual does either of the following:
i.

declares or affirms the telephone number was assigned to them
during the Class Period, or

ii. declares or affirms they personally accepted the collect calls during
the Class Period made to that number.
Upon receipt of the telephone number and declaration or affirmation, the
claims administrator shall determine the amount of the claim by reference
to the call detail data associated with the identified telephone number(s).
c. Proof Awards. AT&T Call Class Members not entitled to a presumptive
award and cannot recall the telephone number which would have

received collect call from the Former PTI Facilities or AT&T DOC Facilities
during the Class Period shall be entitled to a AT&T Call Class Award
equal to two hundred dollars provided the member (1) declares or affirms
that the member accepted a call, or a call was accepted on the members’
account during the Class Period, (2) can identify the facility and inmate
from whom the call originated and the identified facility is a Former PTI
Facility or AT&T DOC Facility, and (3) can identify the address were the
call was received and the address indicates that the call would have been
intraLATA call from a Former PTI Facility or an interLATA call from an
AT&T DOC Facility.
d. “Catch-all” proof. The claims administrator may pay claims based on
other reasonable evidence or data sufficient to establish, on a more likely
than not basis, that the AT&T Call Class Member accepted a collect
intraLATA call from a Former PTI Facilities, or an interLATA call from an
AT&T DOC Facility, during the Class Period. Upon such a showing, the
AT&T Call Class Member is entitled to an AT&T Call Class Award equal
to two hundred dollars.
3. Duplicate Claims. If multiple claimants for the same awardoccurs, any
presumptive award shall take precedence. If there is no presumptive award
claimant, then the dispute over the proper recipients shall be determined by the
arbitrator, as set forth in Section 6, below.
4. Timing of Claims Submittal. Individuals will have no less than 21 days from
mailing the notice to claim an AT&T Call Class Award.
5. Fraud Investigation Authorized. The claims administrator may investigate any
claim where fraud or misrepresentation is suspected . The claims administrator
may refuse to pay any claim for any facially valid reason, referring any such
claims with an explanation of the issues implicated in the claim to the claims
arbitrator for final and binding adjudication.
6. Dispute Resolution/Claims Arbitrator. Hon. George Finkle (ret.) at JDR, LLC,
shall be appointed as the claims arbitrator. If he is unwilling or unable to serve,
then the Court shall appoint a claims arbitrator. The claims arbitrator shall have
the power to decide any and all disputed claims, and resolve any issues arising
out of the claims process. The arbitrator shall have as much discretion as
permitted by law to adjudicate issues and determine fair and just awards. The
claims arbitrator’s discretion includes, but is not limited to, issues of procedure
such as whether issues will be decided on written submission, telephone hearing,
in person hearing, etc. Any decision of the claims arbitrator shall be final and
binding.

7. Definitions
a. AT&T Call Class Member shall mean an individual in one or both of the
two classes represented by Named Plaintiffs Sandy Judd, Tara Herivel
and Columbia Legal Services certified by the Court in its Order dated
February 25, 2012 (including the Class Representatives) but excluding
individuals who have opted-out.
b. AT&T DOC Facilities shall refer to Washington State Reformatory
(Monroe), Twin Rivers Corrections Center, Indian Ridge Corrections
Center (Arlington), Special Offender Center (Monroe), Clallam Bay
Corrections Center, Washington Correction Center for Women (Purdy),
Olympic Corrections Center, Pine Lodge Pre-Release, Coyote Ridge,
Washington Corrections Center (Shelton), McNeil Island Penitentiary,
Washington State Penitentiary (Walla Walla), Airway Heights and
Tacoma Pre-Release.
c. Class Period is the time period of June 20, 1996 through December 31,
2000.
d. Former PTI Facilities shall refer to Clallam Bay, Washington Correction
Center for Women (Purdy), Coyote Ridge Corrections Center, and Pine
Lodge Work Pre-Release/Correction Center.
e. Net Settlement Amount is a value equal to $45,000,000.00 minus courtawarded attorney fees, costs, expenses, case contribution award, costs of
administration and any other expenses or deductions approved by the
Court.

Appendix 3

KING COUNTY SUPERIOR COURT, WASHINGTON STATE
Civil Action NO. 00-2-17565-5 SEA

NOTICE OF SETTLEMENT TO:
RECIPIENTS OF LONG DISTANCE INTRASTATE TELEPHONE CALLS
FROM INMATES AT CERTAIN WASHINGTON STATE PRISONS
BETWEEN JUNE 20, 1996 AND DECEMBER 31, 2000

SETTLEMENT OF A CLASS ACTION LAWSUIT MAY AFFECT YOUR RIGHTS
A court authorized this notice. This is not a solicitation from a lawyer.


Recipients of intrastate collect phone calls – calls within Washington – from inmates at certain
Washington Department of Corrections Institutions have sued AT&T alleging it violated the
Washington State Consumer Protection Act by failing to provide rate information for collect calls
originating from inmates between June 20, 1996 and December 31, 2000.



The court has certified those claims as a class action. You have been identified as a potential class
member because records indicate you may have accepted a collect call from an inmate in a
Washington State Department of Corrections Facility between June 20, 1996 and December 31, 2000.



The Class and AT&T have reached a $45,000,000 settlement, subject to approval by the Court, to
resolve all claims against AT&T. This notice summarizes the terms of that agreement, and informs
you of your rights.



The Court has granted preliminary approval of the settlement agreement to notify Class Members of
the proposed settlement and scheduling a hearing to determine whether the settlement is fair,
adequate and reasonable.

YOUR LEGAL RIGHTS AND OPTIONS
YOU MAY COMMENT ON THE
PROPOSED SETTLEMENT
AGREEMENT

You have the right to comment on the proposed Settlement Agreement.
You may object to any aspect of the proposed Settlement Agreement.
You may also support the proposed Settlement Agreement.
The Court will decide whether to approve or reject the proposed Settlement
Agreement at a hearing to be held on ______ at ____ in Courtroom ___, at
the King County Superior Court, 516 3rd Ave., Seattle, WA 98104.
You may submit written objections or comments for the Court to consider
by _______. This notice explains how and where you can submit these
written objections or comments. Even if you comment or object, you
MUST also make a claim in order to receive your share of the settlement.

YOU MAY MAKE A CLAIM FOR
YOUR SHARE OF THE
SETTLEMENT, IF APPROVED BY
THE COURT

YOU WILL RECEIVE NO
PAYMENT IF YOU DO NOTHING

If you wish to claim your share of the settlement, then you MUST
either (1) review and return the claim form included with this mailing,
or (2) go to www.ratedisclosure.com to claim your share.
If the settlement is approved by the Court, then your share of the settlement
will be mailed to you. This process may take several months.
If you do nothing, then you will not be entitled to receive any payment.
If you wish to receive a payment, you MUST make a claim.

QUESTIONS? CALL 1-800-000-0000 TOLL FREE, OR VISIT WWW.RATEDISCLOSURE.COM
PARA UNA NOTIFICATIÓN EN ESPAÑOL, LLAMAR O VISITOR NUESTRO WEBSITE

FREQUENTLY ASKED QUESTIONS
1. Why did I get this notice?
Records indicate that between June 20, 1996 and December 31, 2000, one or more collect calls carried
by AT&T were accepted by a telephone number registered in your name or registered to this
address from one or more of the following facilities: Washington State Reformatory (Monroe), Twin
Rivers Corrections Center, Indian Ridge Corrections Center (Arlington), Special Offender Center
(Monroe), Clallam Bay Corrections Center, Washington Correction Center for Women (Purdy),
Olympic Corrections Center, Pine Lodge Pre-Release/Correction Center, Coyote Ridge, Washington
Corrections Center (Shelton), McNeil Island Penitentiary, Washington State Penitentiary (Walla
Walla), Airway Heights, and Tacoma Pre-Release. These will be the “Covered DOC Facilities.”
A class action was certified regarding claims made in connection with these calls. The Court is now
considering whether to approve a settlement of these claims, and this notice describes how you may
object, support or otherwise comment on the settlement and how you may file a claim for a share of
the settlement if it is approved by the Court.

2. What does the proposed Settlement Agreement provide?
A copy of the settlement agreement may be found at www.ratedisclosure.com. The key provisions
are summarized below:
• Settlement Payment of $45,000,000
AT&T will pay $45,000,000 into a settlement account distributed to class members after the payment
of court-approved attorney fees, litigation costs, administrative expenses, and case contribution
award.
• Amount of Award and Plan of Allocation
A class member’s recovery is based on the cost of all qualified collect calls accepted during the Class
Period from the Covered DOC Facilities, plus two hundred dollars. Distributions to class members
will be made under an allocation plan enclosed with this notice. For example, if a class member
accepted ten collect calls and was charged $51.45 for those calls, then the class member would have
a claim for $251.45—the cost of all the calls plus $200.00.
Class counsel anticipates, but cannot guarantee, that sufficient funds will remain after the payment
of fees, costs, expenses, and a case contribution award to fully pay all class members’ claims. If,
however, insufficient funds remain to fully pay all claims then each claim will be subject to a pro rata
deduction. Any excess funds will be distributed to the Legal Foundation of Washington and other
organization approved by the Court under Washington Civil Rule 23(f).
• Attorney Fees, Costs and Expenses
Under the proposed settlement, attorneys’ fees, costs and expenses shall be paid out of the
settlement fund in an amount to be determined by the Court.
Class counsel is asking to be paid up to 35% of the gross settlement amount as attorneys’ fees and
approximately $500,000 for litigation costs and expenses. Any award of attorney fees, costs, and
expenses must be approved by the Court. Class counsel will file a motion with the Court for

QUESTIONS? CALL 1-800-000-0000 TOLL FREE, OR VISIT WWW.RATEDISCLOSURE.COM
PARA UNA NOTIFICATIÓN EN ESPAÑOL, LLAMAR O VISITOR NUESTRO WEBSITE
-2-

approval of their request for fees, costs and expenses. You may request a copy of the request be
provided to you when filed with the Court. Expenses incurred in the claims process will also be
paid out of the settlement funds prior to allocating awards to class members.
• Case Contribution Award
Named plaintiffs Sandy Judd, Tara Herivel and Columbia Legal Services will also each request a
case contribution payment for $50,000 out of the Settlement fund to represent the time, effort, and
risk it undertook in pursuing these class claims. The award will only be paid if approved by the
Court.
• Release
The Agreement provides for a release of AT&T from all obligations and liabilities arising for collect
calls from the Covered DOC Facilities during the Class Period.

3. How may I respond to the proposed Settlement Agreement?
If you wish to object to, comment on, or support the Settlement Agreement or the request for
payment of attorney’s fees, costs, expenses or case contribution awards, you must submit your
written comments by _____ to:
Attn: The Clerk of the Court
Re: Judd v. AT&T, T-Netix, Cause No. 00-2-17565-5SEA
KING COUNTY SUPERIOR COURT
516 3rd Ave.
Seattle, WA 98104
You must also send copies to:
Chris R. Youtz, Class Counsel
Richard E. Spoonemore, Class Counsel
SIRIANNI YOUTZ SPOONEMORE
999 Third Avenue, Suite 3650
Seattle, WA 98104

Charles W. Douglas, AT&T’s Counsel
SIDLEY AUSTIN PLLC
One South Dearborn Street
Chicago, IL 80603

You or your own lawyer may attend the Settlement Approval Hearing at your own expense. You
are not required to attend the hearing.

4. What is a class action and who is involved?
In a class action lawsuit, one or more people or entities called “Class Representatives” sue on behalf
of other people who have a similar claim. The people together are a “Class” or “Class Members.”
AT&T is called the “Defendant.” In a class action, one court resolves the issues for everyone in the
class – except for those people who exclude themselves from the class. The definition of the classes
can be found at www.ratedisclosure.com.
The case is Judd, et al. v. American Telephone and Telegraph Co., et al., Civil Action
No. 00-2-17565-5SEA, pending in King County Superior Court.

QUESTIONS? CALL 1-800-000-0000 TOLL FREE, OR VISIT WWW.RATEDISCLOSURE.COM
PARA UNA NOTIFICATIÓN EN ESPAÑOL, LLAMAR O VISITOR NUESTRO WEBSITE
-3-

5. What is this lawsuit about?
This lawsuit claims that AT&T failed to provide certain legally required rate information on collect
calls placed by inmates from Washington Department of Corrections facilities. It alleges that AT&T
must pay statutory damages to persons who accepted or paid for those calls, which the Court has
defined as $200 per person plus the cost of the collect calls accepted. This settlement resolves a
portion of those claims: certain collect calls received in Washington from inmates at Covered DOC
Facilities during the time period of June 20, 1996 through December 31, 2000.

6. Is there any money available now?
No money is available now because the Court has not yet decided whether to approve the
Settlement Agreement. However, if the Settlement Agreement is approved then you will be entitled
to an award. To receive your award, you MUST return a claim form (included with this mailing) or
make a claim by going to www._________ and following the instructions on how to make a claim.
Your claim must be submitted by: _________________. If the Court does not approve the Settlement
Agreement, then the case will return to litigation which may, or may not, result in a recovery.

7. Do I have to come to the Final Approval Hearing?
You need not attend the final approval hearing. You and/or your own lawyer may attend at your
own expense. If you wish to object to any aspect of the settlement, you may do so at the final
hearing provided you sent in your written objection by _________. If you did not file a written
objection to the settlement, you may not object at the hearing.

8. Are more details available?
Visit the website, www.ratedisclosure.com, where you will find important information and
documents, including the Settlement Agreement, the court’s Order Certifying the Class, the
Complaint, AT&T Answer to the Complaint, and information on filing claims. You may also obtain
more information by calling (800) 000-0000 or by writing to:
________________________________________________________.

QUESTIONS? CALL 1-800-000-0000 TOLL FREE, OR VISIT WWW.RATEDISCLOSURE.COM
PARA UNA NOTIFICATIÓN EN ESPAÑOL, LLAMAR O VISITOR NUESTRO WEBSITE
-4-

[CLASS MEMBER CLAIM DATA, VERIFICATION AND SUBMISSION DETAILS APPEAR HERE]

QUESTIONS? CALL 1-800-000-0000 TOLL FREE, OR VISIT WWW.RATEDISCLOSURE.COM
PARA UNA NOTIFICATIÓN EN ESPAÑOL, LLAMAR O VISITOR NUESTRO WEBSITE
-5-

Appendix 4

LEGAL NOTICE

If you received a collect telephone call from an inmate at a
Washington Department of Corrections Facility between June 20,
1996 and December 31, 2000, your rights may be affected by a
class action settlement.
A $45,000,000 settlement has been reached in a
class action lawsuit against AT&T. The Court
previously certified the lawsuit as a class action
and is now considering whether to approve the
settlement. This notice summarizes the
settlement, your rights, and how to file a claim
for a share of the settlement if it is approved by
the Court.

Who’s included?
You may be a member of the class if you
accepted an intrastate collect call carried by
AT&T from Washington State Reformatory
(Monroe), Twin Rivers Corrections Center,
Indian Ridge Corrections Center (Arlington),
Special Offender Center (Monroe), Clallam Bay
Corrections Center, Washington Correction
Center for Women (Purdy), Olympic Corrections
Center, Pine Lodge Pre-Release/Correction
Center, Coyote Ridge, Washington Corrections
Center (Shelton), McNeil Island Penitentiary,
Washington State Penitentiary (Walla Walla),
Airway Heights, and Tacoma Pre-Release
between June 20, 1996 and December 31, 2000.

What’s this about?
This lawsuit claims that AT&T failed to
provide required rate information on collect calls
from Washington Department of Corrections
facilities. The suit seeks statutory damages for
persons who accepted or paid for those calls,
which the Court has defined as $200 per person
plus the cost of the collect calls accepted.

What does the settlement provide?
The settlement provides: (1) payment of
$45,000,000, which will be distributed to class
members after the payment of court-approved
attorneys’ fees, litigation costs, administrative
expenses, and case contribution award; (2)
attorneys’ fees of up to 35% of the gross
settlement amount and approximately $500,000
for litigation costs and expenses; (3) $50,000 case
contribution awards to the Named Plaintiffs,
Sandy Judd, Tara Herivel and Columbia Legal
Services; and (4) release of AT&T from all
liability arising from the calls at issue in this
litigation. The Settlement Agreement may be
viewed at www.ratedisclosure.com.

How do you get an award and how much
will it be?
Using a QR app on a smart-phone, scan the QR
code below. This will take you directly to the claim
page of the website. Enter the information
requested to complete your claim and submit it.
You may also use a computer to submit a claim
online at www.ratedisclosure.com. Your claim
must be submitted by [MONTH 00, 0000]. A class
member’s payments will be based on the cost of all
qualified collect calls accepted during the Class
Period, plus $200. If, after the payment of fees,
costs, expenses and a case contribution award,
insufficient funds remain to fully pay all claims
then each claim will be subject to a pro rata
deduction. If the Court does not approve the
Settlement Agreement, then the case will return to
litigation which may, or may not, result in a
recovery.

What are your rights?
If you are a member of the class, you have the
right to object to, comment on, or support the
Settlement Agreement or the request for payment
of attorneys’ fees, costs, expenses or case
contribution award. You must submit your written
comments by [MONTH 00, 0000] to: (1) the Clerk
of the Court, Re: Judd v. AT&T, T-Netix, Cause No.
00-2-17565-5SEA, KING COUNTY SUPERIOR COURT,
516 3rd Ave., Seattle, WA 98104; (2) Chris R. Youtz
and Richard E. Spoonemore, Class Counsel,
SIRIANNI YOUTZ SPOONEMORE, 999 Third Avenue,
Suite 3650, Seattle, WA 98104; and (3) Charles W.
Dougas, AT&T’s Counsel, SIDLEY AUSTIN PLLC,
One South Dearborn Street, Chicago, IL 80603.
You or your own lawyer may also attend the
Settlement Approval Hearing at your own
expense, but you are not required to.

How can I get more information?
You may receive more information at
www.ratedisclosure.com, or by calling 1-888-6236176.
The case is Judd, et al. v. American Telephone and
Telegraph Co., et al., King County Cause No. 00-217565-5 SEA.

KCODE