Enterprise-Record (Chico)

Verizon, AT&T reach $116 million California settlement

- By Don Thompson

SACRAMENTO » The nation’s largest cellphone providers will pay a combined $116 million under a settlement approvedTh­ursday inaCalifor­nia lawsuit alleging that they overcharge­d government customers for wireless services over more than a decade.

Verizon will pay $ 68 million and AT& T Mobility $ 48 million to settle claims that they violated cost- saving agreements included in wireless contracts with state and local government­s. Sprint and T- Mobile previously agreed to pay a combined $9.6 million.

Attorneys who filed the suit said it is the secondlarg­est California False Claims Act settlement outside of the health care industry.

The California Attorney General’s Office decided not to sue after its own investigat­ion of the government contracts in California and Nevada, said Verizon spokesman Rich Young, so a whistleblo­wer sued in 2012 using a provision of the act that allows for such independen­t lawsuits on the state’s behalf.

Young said Verizon “settled these meritless claims to avoid a protracted legal battle.” AT& T spokesman JimGreer similarly said his company “complied with our contracts and the law” and denied wrongdoing, but settled to avoid costly litigation.

The suit says the companies failed to live up to their agreements to charge nearly 300 state and local government­s the lowest available cost and tailor their dozens of frequently changing rate plans accordingl­y based on actual usage patterns.

The plaintiffs’ attorneys said the largest users recovering money under the settlement are the state of California, the California State University and University of California systems, Los Angeles County, and Sacramento, San Diego, San Francisco, and Riverside city and county government­s.

The whistleblo­wer plaintiff, OnTheGo Wireless LLC, was formed by Jeffrey Smith after his firm used software applicatio­ns to compare rate plans and concluded the companies did not offer the government­s the lowest possible prices. His firm will get about 40% of the settlement, he and the attorneys said in a statement.

“It may be a rounding error to Verizon and AT&T, but this is real money to California’s schools, local government­s and state agencies who spent years scraping through their budget to pay what we now know were over-inf lated bills,” said Wayne Lamprey of the Constantin­e Cannon law firm, who filed the lawsuit and was lead counsel.

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