Notice of proposed class action settlement

[newfbc]

Detailed on this month's bill (not really all that exciting.. lawyers win, of course):

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

If you were a customer of Shaw Cablesystems G.P. ("Shaw") between January 31, 2005 in British Columbia or Manitoba, or January 31, 2009 in Alberta, Ontario or Saskatchewan, up until May 1, 2012, and paid late payment interest charges on your bill during that period, your rights may be affected by a proposed settlement of a class action lawsuit filed in the Federal Court of Canada. Read this notice carefully to find out more.

A hearing will be held on July 18, 2012 at 635 - 8th Avenue S.W. Calgary, Alberta to ask the Federal Court to approve the settlement agreement as fair, reasonable, and in the best interest of the class. The Federal Court has approved this notice to inform class members of the settlement agreement and of their legal rights.

WHAT IS THE LAWSUIT ABOUT?
The lawsuit alleges that Shaw only showed late payment interest on its invoices on a monthly basis, not on an annualized basis.

WHAT IS BEING SOUGHT IN THE LAWSUIT?
The lawsuit sought the return of late payment interest charges paid by Shaw customers during the Class Period.
WHAT WILL I GET UNDER THE SETTLEMENT?

The proposed settlement agreement will allow class members to select between the following benefits:
*
A credit for one free Shaw Video On Demand standard definition movie rental, excluding adult movies and programming. This credit will be
available for 3 months once selected; or
*
A free one month internet upgrade:
i) from Shaw High-Speed Lite to High-Speed;
ii) from High-Speed and High-Speed 10 to High-Speed 20; or
iii) from High-Speed 20 to Extreme,
provided that, in the event that those service packages have been rebranded within the Claims Period, the upgrade shall be from a comparable category of Internet service (based on download speeds) to the next higher category of Internet service.

Class Members who do not have digital cable but choose the movie rental benefit have 3 months to use it after the earlier of their analog cable having been upgraded to digital or when digital cable was first made available by Shaw to them. Class members who are no longer Shaw customers can get the same benefits if they activate a new subscription for Shaw cable or Internet services within 5 months of the settlement being approved.

HOW CAN I TAKE PART IN THE SETTLEMENT?
If you are a Class member, you will be included in the settlement automatically. Once the settlement agreement is approved, Class members will have 3 months to call Shaw to select their benefit. Class members who are no longer Shaw customers will have 5 months from the settlement approval date to both activate a new subscription for Shaw cable or Internet services and call Shaw to select their benefit.

DO I NEED TO PAY ANYTHING TO TAKE PART?
No. Any fees paid to the lawyers for the class will be approved by the Court and paid by Shaw.

I WANT TO SUPPORT OR OPPOSE THE SETTLEMENT
If you want to support or oppose the settlement agreement, you can bring your support or concerns to the lawyers appointed to represent the class before the hearing on July 18, 2012. You may also attend the hearing, but are not required to do so.

WHO ARE THE LAWYERS FOR THE CLASS?
The class is represented by James M. Poyner of Poyner Baxter LLP. He can be contacted at:
Poyner Baxter LLP
#408 - 145 Chadwick Court
North Vancouver, BC V7M 3K1
604-988-6321
classaction@poynerbaxter.com