LEGAL NOTICE

IF YOU PURCHASED A CELLPHONE FROM T-MOBILE, A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS.

A proposed settlement is pending in two lawsuits relating to software “locks” that prevent T-Mobile cellphone handsets from operating with other compatible wireless telephone carriers’ services. The lawsuits are Nguyen v. T-Mobile USA, Inc., No. JCCP 4332, pending in Alameda County Superior Court, and Hellman v. T-Mobile USA, Inc., No. 04-CA-005061 AN, pending in Palm Beach County Circuit Court.

ARE YOU AFFECTED?

You are a class member if you purchased a cellphone handset from T-Mobile from January 1, 2000 to August 1, 2009.

WHAT IS THIS CASE ABOUT?

The lawsuits claim that T-Mobile’s sale of handsets that have been programmed not to operate with other compatible wireless telephone carriers’ services is improper and that this restriction has not been properly disclosed to customers. T-Mobile denies any wrongdoing, but has agreed to settle to avoid the cost and expense of further litigation. The Courts have not made a decision in these cases.

WHAT DOES THE SETTLEMENT PROVIDE?

T-Mobile agrees to give to eligible current and former customers, upon request and where available, codes that unlock T-Mobile handsets. Unlock codes will be provided to eligible postpaid customers who are in good standing and have a minimum of 40 days of active service with T-Mobile, and to eligible prepaid customers who are in good standing and who have a minimum of 60 days of active service with T-Mobile and either have a prepaid account balance of at least $10, or have refilled their prepaid account in the last 30 days. Customers may request one unlock code per line of service every 90 days. The settlement also provides attorneys’ fees of up to $1.85 million.

WHAT ARE MY LEGAL RIGHTS?

You have three options:

Remain in the settlement class. If you are a class member and you do not exclude yourself from the settlement class, you will be bound by the terms of the settlement and give up your right to sue regarding issues in this case.

Request to be excluded. The Court will exclude you from the settlement class if you mail a request for exclusion to Defense Counsel and Class Counsel at the addresses below. Requests must be postmarked by October 25, 2009.

Object to the settlement. If you do not exclude yourself from the settlement class, you may object to it by yourself or through an attorney that you hire at your own expense. Objections must be written and mailed to the Court at Clerk of the Court, Alameda County Superior Court, 1225 Fallon Street, Oakland, CA 95612, and Class Counsel and Defense Counsel at the addresses below. Objections received by October 25, 2009 will be considered at the fairness hearing. You will be bound by the terms of the settlement even if your objection is rejected.

The Court will determine whether to approve the settlement at a fairness hearing held on November 24, 2009. If you filed an objection through an attorney, your attorney may appear at the hearing to explain your objection.

HOW CAN YOU GET MORE INFORMATION?

If you have questions or want a detailed notice or other documents about this lawsuit and your rights please call toll-free: 1-888-878-1367 or write to: T-Mobile Cellphone Settlement, P.O. Box 8090, San Rafael, CA 94912- 8090. Please do not contact the Court or T-Mobile concerning this lawsuit.

Class Counsel
Law Offices of Scott A Bursor
369 Lexington Avenue, 10th Floor
New York, NY 10017

Defense Counsel
Davis Polk & Wardwell LLP
c/o Christopher Hockett
1600 El Camino Real
Menlo Park, CA 94025