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SEALE ET AL. V. ALTICE USA, INC. ET AL,


DOCKET NO. MER-L-618-23


SUPERIOR COURT OF THE STATE OF NEW JERSEY, MERCER COUNTY IN TRENTON, NEW JERSEY

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IF YOU WERE AN OPTIMUM OR SUDDENLINK COMMUNICATIONS INTERNET AND/OR TELEVISION
CUSTOMER WHO PAID A NETWORK ENHANCEMENT FEE, A NETWORK ACCESS SURCHARGE, A
BROADCAST STATION PROGRAMMING SURCHARGE, AND/OR A SPORTS PROGRAMMING SURCHARGE,
YOU MAY BE ELIGIBLE TO RECEIVE A CASH PAYMENT.

You must file a claim form to receive a cash payment.

A court authorized the notice. Your legal rights are affected whether you act or
don’t act. Read the notice carefully.


IMPORTANT DATES

September 5, 2023
Claim Deadline
September 25, 2023
Exclusion Deadline
September 25, 2023
Objection Deadline
October 13, 2023 at 9:30 AM EDT
Final Approval Hearing
 * The notice concerns a proposed class action settlement (“Settlement”) in a
   case called Seale et al. v. Altice USA, Inc. et al, Docket No. MER-L-618-23,
   in the Superior Court of the State of New Jersey, Mercer County in Trenton,
   New Jersey.
 * If approved by the Court, the Settlement will resolve a lawsuit against
   Altice USA, Inc., Cebridge Telecom CA, LLC d/b/a Suddenlink Communications
   and Optimum, and CSC Holdings, LLC d/b/a Optimum (collectively “Defendants”).
   The lawsuit affects customers of broadband internet and television services
   under the Defendants’ Optimum and Suddenlink Communication brands who,
   between July 27, 2018 and May 5, 2023 (the “Class Period”), paid certain
   additional fees.
 * Specifically, internet customers were charged a Network Enhancement Fee or
   Network Access Surcharge (“Network Fee”), and TV customers were charged a
   Broadcast Station Programming Surcharge, TV Broadcast Fee, Sports Programming
   Surcharge, and/or a Regional Sports Network Fee (collectively, “TV Fees”).
   Customers who paid these fees during the Class Period are Class Members.
 * The Plaintiffs say that the fees were inadequately disclosed and improperly
   raised customers’ rates during fixed-rate promotional periods or contracts.
   The Defendants deny any liability or wrongdoing. The Court has not decided
   the case or whether the Plaintiffs or the Defendants are right.
 * To settle the case, Defendants have agreed to establish a Settlement Fund
   valued at up to $15,000,000 (depending upon the number of valid claims
   filed). Class Members who file valid claims will receive between $10.00 and
   $27.50, depending on two things: (1) whether the Class Member is a current or
   former customer; and (2) whether the Class Member paid a Network Fee, TV Fee,
   or both. These amounts will be decreased on a pro-rata basis if the
   Settlement Fund is not sufficient to pay all claims after deducting any
   Court-approved amounts for the cost of settlement administration, attorneys’
   fees and costs, and incentive awards to the class representatives.
 * The lawyers who brought this lawsuit (“Class Counsel”) will ask the court for
   attorneys’ fees and costs not to exceed 33.33% of the Settlement Fund (i.e.,
   $4,999,500), and incentive awards totaling $80,000 for the eight class
   representatives who represented the Class in this case (i.e., $10,000 each).

The notice summarizes the proposed Settlement. For the precise terms and
conditions of the Settlement, please see the Settlement Agreement, or contact
the Claims Administrator at Optimum Suddenlink Fee Settlement Administrator,
1650 Arch Street, Suite 2210, Philadelphia, PA 19103 or by telephone at (833)
549-9657.

PLEASE DO NOT TELEPHONE THE COURT, THE COURT CLERK’S OFFICE OR DEFENDANTS TO
INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

Your Legal Rights and Options in This Lawsuit:Submit a Claim Form

If you are an eligible Settlement Class Member who received broadband Internet
service and/or television service from Defendants under their Optimum and
Suddenlink Communications brands and were paid a Network Fee and/or TV Fees
during the Class Period, you are entitled to submit a Claim for a cash payment.
Class Members who submit valid Claim Forms also release all claims against
Defendants arising out of or relating to their service in any way.

If you received a notice about this settlement by email or mail, you are part of
the settlement according to Defendants’ records, and you are likely eligible for
a cash payment.

To receive payment, you need to complete and submit a Claim Form in a timely
manner. The Claim Form is necessary to ensure that only eligible Settlement
Class Members receive a benefit. A Claim Form is available on the Settlement
Website to download or by calling the Settlement Administrator toll free at
(833) 549-9657, or by writing the Settlement Administrator at 1650 Arch Street,
Suite 2210, Philadelphia, PA 19103. The deadline to submit a Claim Form is
September 5, 2023.

Do Nothing

By doing nothing, you forfeit the opportunity to receive any compensation and
you give up any rights to sue Defendants, and certain parties related to them,
about the claims that have been or could have been asserted based on the facts
alleged in this lawsuit.

Ask to be Excluded

By asking to be excluded, you will not share in this Settlement. This is the
only option that allows you to keep any rights to sue Defendants about the same
legal claims in this lawsuit. The deadline to request to be excluded is
September 25, 2023.

Object

You may write to the Court about why you do not like the Settlement or why you
do not think it is fair, reasonable, or adequate. The deadline to file
objections is September 25, 2023.

Go To A Hearing

You may ask to speak in Court about the fairness of the Settlement. If you
object to any aspect of the Settlement, you must submit a written objection to
the Court by September 25, 2023.

Your rights and options – and the deadlines to exercise them – are explained in
detail below.

The Court in charge of this case still has to decide whether to give final
approval to the Settlement. Payments will be made only if the Court approves the
Settlement and after all appeals (if any) are resolved. Please be patient.

Fairness Hearing: On October 13, 2023, at 9:30 A.M., the Court will hold a
hearing to determine: (1) whether the proposed Settlement should be approved as
fair, reasonable, and adequate and should receive final approval; (2) whether
Class Counsel’s Application for Attorneys’ Fees and Expenses should be granted;
and (3) whether the application for the Class Representative Incentive Awards
should be granted. The hearing will be held in the Superior Court of the State
of New Jersey, Mercer County in Trenton, New Jersey, located at 175 South Broad
Street, Trenton, New Jersey 08608. This hearing date may change without further
notice to you. Consult this website, or the Court docket in this case, for
updated information on the hearing date and time.

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