Settlement Claims and Information

VONAGE
Student Loan Xpress
DISH Network
Apply 2 Save
Countrywide Financial Corporation (Bank of America)

VONAGE

What does the settlement agreement provide?

Idahoans who experienced difficulties canceling their VONAGE service may be eligible for restitution under a settlement agreement that requires the company to make significant changes to its marketing practices, honor consumer cancellation requests and provide refunds to eligible consumers.

Who is eligible for restitution?

Consumers who experienced the following problems concerning VONAGE may be eligible for restitution:

• Consumers who attempted to qualify for VONAGE’s money-back-guarantee, but were unable to do so;
• Consumers who were not informed of limitations under a particular VONAGE service plan;
• Consumers who attempted to cancel their service, but were unable to do so;
• Consumers who cancelled their service, but who continued to incur charges;
• Consumers who paid return shipping fees for a device;
• Consumers who were not informed about special technologies they needed in order to utilize VONAGE’s service;
• Consumers who did not receive the free services or equipment as offered;
• Consumers who did not receive the discounted or promotional services as offered;
• Consumers who did not receive a rebate as offered; or
• Consumers who were charged for services they did not order.

What do I have to do to make a restitution request?

• Consumers who filed complaints with the Attorney General’s Office between 2004 and November 16, 2009, do not need to do anything. If your complaint is unresolved, it will be reviewed again for restitution consideration.
• Consumers who believe they are eligible for restitution, but who have not filed a complaint with the Attorney General, need to do so before March 16, 2010. Click here for a complaint form.

What is the deadline to file a complaint?

The deadline to file a complaint for restitution consideration is March 16, 2010.

When will I receive my restitution?

• Consumers who filed complaints between 2004 and November 16, 2009, can expect to have their complaints/restitution issues addressed within 180-210 days after November 16, 2009.
• Consumers who file complaints after November 16, 2009, can expect to have their complaints/restitution issues addressed within 60-90 days after Vonage receives the complaint.

Who can I contact if I have additional questions about the settlement?
Contact the Consumer Protection Division at 208-334-2424 or toll free in Idaho at 800-432-3545.

Student Loan Xpress

A settlement between the Attorney General and Student Loan Xpress will provide debt relief for certain former students of Silver State Helicopter school. Eligible students borrowed from Student Loan Xpress and were enrolled at Silver State Helicopter school at the time the school shut down.

Under the terms of the settlement, Student Loan Xpress will forgive up to 75 percent of the total amount borrowed Silver State Helicopters students. The percentage of loan forgiveness for the remaining students varies, depending upon the amount of training each successfully completed:

0 FAA Certifications - 75% forgiveness
1 FAA Certification - 60% forgiveness
2 FAA Certifications - 47.5% forgiveness
3 FAA Certifications - 30% forgiveness
4 FAA Certifications - 20% forgiveness

There is no need for students to file a claim. Eligible students will automatically get this benefit unless they "opt-out" of a federal class action settlement. Students who are eligible for the settlement will receive documentation from the class action attorney in the near future. Inquiries by former students can be sent to: settlementquestions@gmail.com.

The agreement also precludes Student Loan Xpress from providing negative information to any credit reporting agencies regarding students who failed to make payments on their loans prior to the settlement.

Idaho and 11 other states joined in the $112 million settlement, which resolves an 18-month investigation by the states.

Former Silver State Helicopters students who borrowed from other lenders should consult with a private attorney and may file a complaint with the Attorney General. However, the Attorney General cannot guarantee that the State can obtain relief for other students.

View the news release "Debt Relief Coming for Some Silver State Helicopters Students"

DISH Network

A settlement agreement between the Attorney General and DISH Network requires the satellite television company to pay restitution to consumers who filed complaints with the company or with the Attorney General’s Office between January 1, 2004, and December 4, 2009, regarding any of the following issues:

• Refusing to accept responsibility for the misconduct of third-party retailers and installers;
• Failing to disclose all terms and conditions of DISH Network’s customer agreements, including the availability of rebates, credits and free offers;
• Failing to disclose that purchased or leased equipment was previously used and/or refurbished;
• Making reference to competitors’ price offers when the goods or services being compared were materially different; or
• Charging customer credit cards and debiting bank accounts without providing adequate notice and obtaining appropriate authorization.

Consumers who complained in writing to DISH Network or who filed a complaint with the Attorney General’s Office between January 1, 2004, and July 9, 2009, are eligible to receive restitution. Consumers in this category do not need to take any further action at this time. Dish Network will notify consumers that they are eligible for the restitution program by sending a claims notice to those consumers.

In addition, Idaho consumers who file complaints with the Attorney General or DISH Network by December 14, 2009, may be eligible for restitution if DISH Network’s conduct occurred within the past two years.

A complaint form is available here or by calling (208) 334-2424 or (800) 432-3545.

Consumers who are not satisfied with the company’s offer of restitution may choose to file a claim to be decided by a third-party claims administrator.

Questions or complaints regarding the refund process can be addressed to: DISH Network, L.L.C., Dispute Resolution Team, P.O. Box 9040, Littleton, CO 80120 or by e-mail at CEO@dishnetwork.com.

Consumers should receive their restitution compensation before the end of 2009.

A complaint form is available here or by calling (208) 334-2424 or (800) 432-3545.

Apply 2 Save

For more information on the status of this case.

The Attorney General’s Office filed a consumer protection lawsuit against Apply 2 Save and its owner, Derek Oberholtzer, on April 20, 2009, in Kootenai County District Court (Case No. CV 09-3154). Defendants answered the Complaint on July 8, 2009, denying each of the substantive allegations. Both defendants also filed for Chapter 7 bankruptcy.

In an unrelated matter, we recovered a small amount of restitution from a former Apply 2 Save Vice President for consumers who lost money to Apply 2 Save.  That money will be distributed later this year to consumers who file a complaint with the Attorney General.

Your filing a complaint with our office is very important in assisting us with our case and helping us to identify all of Apply 2 Save’s victims. Furthermore, only consumers who file complaints will receive restitution. Please click here for a complaint form. Return it to our office with copies of any communications that you had with the company, such as emails, and all contracts between you and Apply 2 Save.

The Attorney General represents the State of Idaho and cannot provide you with legal advice or represent you individually. If you have questions about filing a private lawsuit against Apply 2 Save, please speak with your attorney. If you do not have an attorney, please contact the Idaho State Bar’s Lawyer Referral Program at (208)334-4500 or visit www.idaho.gov/isb.

If you provided Apply 2 Save with any personal financial or identifying information, such as a bank account number or your Social Security number, you should check your credit report for any suspicious transactions. You can obtain free copies of your credit reports from Equifax, Experian, and TransUnion by visiting www.annualcreditreport.com. Additionally, you should consider placing a fraud alert on your report or requesting a credit freeze. State laws governing credit freezes vary, so you should check your attorney general’s website for the applicable law in your state.

We also recommend that you contact your credit card company and request a chargeback if you paid Apply 2 Save with a credit card. Please review your credit card agreement for details about how to request a chargeback.

If you are experiencing difficulties paying your mortgage or have questions about avoiding or stopping a foreclosure, please visit your attorney general’s website for information about state and local foreclosure-prevention resources. You also can speak with a HUD-approved housing counselor in your area by calling (888) 995-HOPE. HUD-approved housing counselors have specialized knowledge and experience in negotiating modifications and finding solutions to foreclosure. Additionally, the Making Home Affordable program also is available to eligible homeowners. Making Home Affordable is a federal program that allows consumers with Freddie-Mac or Fannie-Mae mortgage loans to restructure their loans to make them more affordable. For information about this program and to find out if your loan qualifies, please visit www.makinghomeaffordable.gov.

Most importantly, never pay someone to negotiate a modification for you. Assistance is available for free through HUD or through state or local resources.

Countrywide Financial Corporation (Bank of America)

Attorney General Lawrence Wasden entered into a settlement with Countrywide Financial Corporation, which now operates as Bank of America. The settlement requires Bank of America to pay restitution to former Countrywide customers who lost their homes to foreclosure.

Over the next few weeks, Idaho consumers who are eligible for restitution will receive a letter on Attorney General Lawrence Wasden's letterhead from Rust Consulting, Inc.  The letter provides the amount of restitution the consumer will receive and includes a Claim and Release Form. If the consumer wants to participate in the settlement and receive restitution, the consumer must sign the Claim and Release Form and return it to the Settlement Administrator (Rust Consulting, Inc.) before October 6, 2009.

Consumers with questions about the settlement or their restitution payment should contact Rust Consulting, Inc. at the telephone number included in the letter. Consumers with questions about their legal rights or whether to participate in the settlement should speak with a private attorney. Neither the Attorney General nor the Settlement Administrator can advise consumers about their rights.

Click here to read answers to frequently asked questions concerning the settlement.

Click here to read the settlement document.