IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION

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1 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION MARK BROWN, et al., Plaintiffs, No. 99 L 6468 v. Judge Peter Flynn AMERITECH, Defendant. NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED SETTLEMENT AND HEARING To The Class Of: All Illinois, Indiana, Michigan, Ohio and Wisconsin residential and business customers of the operating subsidiaries of A T & T Teleholdings Inc. (formerly Ameritech Corporation who have had Name and Number Delivery Service installed upon their phone lines. All Illinois, Indiana, Michigan, Ohio and Wisconsin residential and business customers of the operating subsidiaries of A T & T Teleholdings Inc. (formerly Ameritech Corporation who have been charged a fee for Name and Number Delivery Service. All Illinois, Indiana, Michigan, Ohio and Wisconsin Voice Mail customers of the operating subsidiaries of A T & T Teleholdings Inc. (formerly Ameritech Corporation whose voice mail service has been affected by Name and Number Delivery Service. PLEASE READ THIS ENTIRE NOTICE CAREFULLY. YOUR LEGAL RIGHTS MAY BE AFFECTED. This Notice is given pursuant to 735 ILCS 5/2-803 and an Order of the Circuit Court of Cook County, Illinois dated August 7, 2006 of the pendency and settlement of a class action against Ameritech Corporation (now known as A T & T Teleholdings, Inc. and doing business as A T & T Midwest ( Ameritech/A T & T Midwest involving Ameritech/A T & T Midwest s Name and Number Delivery Service product. Please read this notice carefully. It will advise you of the terms and conditions of the proposed settlement with Ameritech/A T & T Midwest, and of a Court hearing on the proposed settlement. Specifically, this Notice contains important information about the proposed settlement, the final approval hearing on the settlement, your

2 right to participate in that hearing and your right to exclude yourself from the class of persons affected by the settlement. If you are a member of the class of persons defined below ( Class, you will be bound by the final judgment entered by the Court if (1 the Court approves the settlement, and (2 you have not timely excluded yourself from the Class. The final approval hearing will be held on November 30, 2006 at 2 p.m. THE LITIGATION Plaintiffs Mark Brown, Robert Green (d/b/a Tiffany Insurance Agency and Barbara Small brought this lawsuit in June of The litigation involved Ameritech/A T & T Midwest s product called the Name and Number Delivery Service. In the event that a person does not answer their telephone, the Name and Number Delivery Service would allow the caller to send their name and phone number to the called party. Plaintiffs alleged that defendant Ameritech/A T & T Midwest s introduction and operation of the Name and Number Delivery Service constituted a nuisance and a violation of the Illinois Consumer Fraud Act and Public Utilities Act, including that customers were not properly notified of the service. Plaintiffs sought injunctive relief, including removal of the Service, and other relief. The Court dismissed all four counts of plaintiffs First Amended Complaint. Plaintiffs thereafter filed Second and Third Amended Complaints. The Court dismissed two of the three counts of the Third Amended Complaint, and plaintiffs then filed a Fourth Amended Complaint. Ameritech/A T & T Midwest s motion to dismiss Plaintiffs Fourth Amended Complaint was pending against all counts at the time the parties agreed to settle the lawsuit. Ameritech/A T & T Midwest denies all allegations of liability and wrongdoing and contends that its introduction and operation of the Name and Number Delivery Service was fair and reasonable, and was done in accordance with tariffs filed with and regulated by the appropriate public utilities commissions, such as the Illinois Commerce Commission. While 2

3 Ameritech/A T & T Midwest believes that its motion to dismiss the Fourth Amended Complaint has merit and Ameritech/A T & T Midwest continues to deny any wrongdoing, Ameritech/A T & T Midwest and plaintiffs agreed to settle the case to avoid the substantial burden, expense, inconvenience and distraction of the continued litigation. The proposed settlement is described below. If given final approval by the Court, the proposed settlement and judgment will bind all members who do not timely request exclusion from the class. If the Court does not approve the settlement, Ameritech/A T & T Midwest s motion to dismiss the Fourth Amended Complaint will proceed. THE CLASS On August 7, 2006, the Court conditionally certified a class (the Class consisting of the following persons or other entities: All Illinois, Indiana, Michigan, Ohio and Wisconsin residential and business customers of the operating subsidiaries of A T & T Teleholdings Inc. (formerly Ameritech Corporation who have had Name and Number Delivery Service installed upon their phone lines. All Illinois, Indiana, Michigan, Ohio and Wisconsin residential and business customers of the operating subsidiaries of A T & T Teleholdings Inc. (formerly Ameritech Corporation who have been charged a fee for Name and Number Delivery Service. All Illinois, Indiana, Michigan, Ohio and Wisconsin Voice Mail customers of the operating subsidiaries of A T & T Teleholdings Inc. (formerly Ameritech Corporation whose voice mail service has been affected by Name and Number Delivery Service. The Court also appointed the following attorneys as counsel for the Class ( Class Counsel : Jerome F. Crotty Rieck and Crotty, P.C. 55 West Monroe Street Suite 3390 ( Robert Holstein Holstein Law Offices, LLC 19 S. LaSalle Street Suite 1500 THE PROPOSED SETTLEMENT Under the terms of the proposed settlement, Ameritech s local telephone service operating entities in the Midwest region of Illinois, Indiana, Michigan, Ohio and Wisconsin will 3

4 discontinue the Name and Number Delivery Service. Ameritech/A T & T Midwest further agreed that if it decided to re-introduce the Name and Number Delivery Service at any time in the future, Ameritech/A T & T Midwest would provide notice to customers to inform customers that it was going to re-introduce the service by providing at least three (3 notices to customers in the form of a Bill Page Message on Ameritech/A T & T Midwest customers telephone bills that informs customers that the service can be blocked from a customer s telephone line for no charge by calling a toll free number. EXCLUSION FROM THE CLASS If you fall within the definition of the Class, you will be a class member unless you expressly request to be excluded. If you wish to be excluded from the Class, you must send a request for exclusion to the Class Counsel Jerome F. Crotty, Rieck and Crotty, P.C., 55 West Monroe Street, Suite 3390, and Robert Holstein, Holstein Law Offices, LLC, 19 S. LaSalle Street, Suite 1500,, with a copy to counsel for Ameritech/A T & T Midwest, Leslie Smith, P.C., Kirkland & Ellis LLP, 200 East Randolph Drive, Chicago, Illinois 60601, in an envelope postmarked no later than November 6, Your request for exclusion must set forth your name, address, and telephone number and be signed by or on behalf of the person or entity requesting exclusion. IF YOUR REQUEST FOR EXCLUSION DOES NOT INCLUDE ALL OF THE FOREGOING INFORMATION, OR IS NOT POSTMARKED BY THE DEADLINE ABOVE, IT WILL BE INVALID AND YOU WILL REMAIN A MEMBER OF THE CLASS. If your request for exclusion is timely received, the Court will exclude you from the Class and you will not be bound by the settlement or judgment in this lawsuit. If you do nothing, you will be a member of this Class and will be 4

5 bound by the settlement and any judgment entered in this lawsuit. The judgment will bind all members of the Class who have not timely requested exclusion from the Class. HEARING OF THE SETTLEMENT The Court will hold a Final Approval Hearing on November 30, 2006, at 2 p.m. to determine whether the settlement should be approved as fair and reasonable and whether the request for attorneys fees and costs should be approved. The Hearing will be held at the Courtroom of the Honorable Peter Flynn in the Circuit Court of Cook County, Room 2408, Richard J. Daley Center, 50 W. Washington Street, Chicago, Illinois If you remain a member of the Class, you have the right to appear at the hearing, personally or through an attorney, and to speak in favor of or in opposition to the settlement. If you do not object to the settlement or to the request for attorneys fees described below, you do not need to take any action. Any Class Member or other interested party intending to appear at the Settlement Hearing in person or through his or her attorney, must notify the Plaintiffs and Defendants in writing no later than fourteen (14 days before the Settlement Hearing of any witnesses they intend to call to testify and any exhibits they intend to introduce into evidence at the Settlement Hearing. OBJECTIONS TO THE SETTLEMENT If you do not exclude yourself from the Class, you also have the right to object to the settlement in writing. Any Class Member or other interested party wishing to object to any aspect of the Class Action Settlement Agreement may do so only in writing, without the necessity of retaining counsel or making any formal appearance. All written objections to any aspect of the Class Action Settlement Agreement must be filed with the Circuit Court, Law Division, Richard J. Daley Center, 50 W. Washington Street, Chicago, Illinois and 5

6 delivered to Class Counsel (Jerome F. Crotty, Rieck and Crotty, P.C., 55 West Monroe Street, Suite 3390, and Robert Holstein, Holstein Law Offices, LLC, 19 S. LaSalle Street, Suite 1500, and Defendants Counsel (Leslie Smith, P.C., Kirkland & Ellis LLP, 200 East Randolph Drive, Chicago, Illinois 60601, setting forth any and all objections with specificity and particularity and providing the basis or bases for the objection(s, no later than fourteen (14 days before the Settlement Hearing date. ATTORNEYS FEES AND COSTS & PAYMENT TO LEAD PLAINTIFFS Class Counsel will apply to the Court for payment of fees and Costs. The Class will have no responsibility to pay the attorneys fees of Class Counsel. Under the settlement agreement, Ameritech/A T & T Midwest will pay Class Counsel a fee in an amount approved by the Court, not to exceed $30,000. In addition, Lead plaintiffs Mark Brown, Robert Green (d/b/a Tiffany Insurance Agency and Barbara Small will each receive $1,000 for serving as class representatives. If you object to the application of attorneys fees, you must do so in writing pursuant to the schedule set forth above for written objections to the settlement. ADDITIONAL INFORMATION The settlement agreement and pleadings filed in this case are available for review at the Clerk of the Circuit Court of Cook County, Law Division, Daley Center, Chicago, Illinois. If you have any questions concerning the matters contained in this Notice, you should promptly contact: Jerome F. Crotty Rieck and Crotty, P.C. 55 West Monroe Street Suite 3390 ( Robert Holstein Holstein Law Offices, LLC 19 S. LaSalle Street Suite

7 PLEASE DO NOT CALL OR WRITE THE COURT. BY ORDER OF THE COURT Peter Flynn Circuit Court Judge 7

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION PHILLIPS RANDOLPH ENTERPRISES, LLC, an Illinois limited liability company, individually and as the representative for