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Lynn Fosse, Senior Editor

Steve Alexander, Associate Editor

Bud Wayne, Editorial Executive

Christy Rivers - Editorial Executive

Valerie Austin - Editorial Associate

INTERview











Class Action and Antitrust Lawsuits Filed Against Major Telcos Now Reaches a Historical $346.86 Billion


Editorial by Bud Wayne:

I have read the attached Class Action and Antitrust lawsuits and done my own reach. Below is my editorial regarding the two complaints.


Refiled two complaints, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.


VoIP-pal Antitrust, Case 1:24-cv-03051 Document 1-1 Filed 10/25/24


Class Action Antitrust, Case 1:24-cv-03051 Document 1-1 Filed 10/25/24


David Against the Goliaths

Largest Combined Damages in Legal History: $346.86 Billion at Stake


In an unprecedented legal battle, VoIP-Pal's antitrust complaint, along with a parallel class action lawsuit, could result in the largest combined damages award ever recorded. The class action seeks a staggering $256.86 billion in restitution for consumers allegedly harmed by telecom giants AT&T, Verizon, T-Mobile, and Deutsche Telekom. VoIP-Pal's own case adds another $30 billion, with the potential for punitive damages to triple that amount to $90 billion. Altogether, the damages from these combined cases could reach an extraordinary $346.86 billion, setting a new historical record.


This monumental sum underscores the seriousness of the alleged antitrust violations. A victory in these cases would not only reshape the telecommunications industry but also send a clear message that no corporation is above the law. The potential outcome would reinforce the role of antitrust laws in maintaining competitive and consumer-friendly markets.

VoIP-Pal's David and Goliath Battle: Taking on  over $7 Trillion Titans


VoIP-Pal has spent nearly nine years in patent litigation courts, facing off against some of the largest tech and telecom companies in the world, including Apple, Google, Facebook, Samsung, Amazon, Twitter, AT&T, Verizon, T-Mobile, and Huawei. Together, these giants represent a combined market value of approximately $7 trillion, compared to VoIP-Pal's modest capital value of $40 million. Against such staggering odds, VoIP-Pal's persistence reflects the determination, conviction, and resilience of a true David battling corporate Goliaths. Let's root for this underdog as it continues to fight for fair competition and justice.


VoIP-Pal Seeks Lead Plaintiff Role and Third-Party Litigation Funding in Antitrust Class Action

In a critical legal move, VoIP-Pal is seeking to become the lead plaintiff in a related antitrust class action lawsuit and is pursuing third-party litigation funding to bolster its case. This follows nearly a year of preparation for its own antitrust complaint, which bears striking similarities to the class action it now aims to support. VoIP-Pal has played a pivotal role in drafting the nearly identical class action complaint, highlighting its commitment to exposing widespread antitrust breaches by telecom giants AT&T, Verizon, T-Mobile, and Deutsche Telekom.


The two complaints share 35 significant parallels, especially regarding the core antitrust violations. The main differences lie in areas such as arbitration, class certification, and the damages model. The class action seeks an enormous $256.86 billion in restitution, payable over five years, translating to $144 annually for each of the 373 million subscribers allegedly harmed by the carriers' unlawful bundling practices.


By securing third-party litigation funding, VoIP-Pal aims to ensure it has the financial resources to sustain this lengthy and complex legal battle. This strategic move strengthens VoIP-Pal's position in both its own antitrust complaint and the broader class action, as it continues to pursue justice for consumers and hold the telecom giants accountable for their anti-competitive behavior.


Q&A With VoIP-Pal CEO: The Road Ahead

During a recent interview, VoIP-Pal's CEO shared insights into the company's long-standing legal battle and its future outlook.

Question 1: VoIP-Pal has been battling some of the largest companies in tech and telecom for almost a decade. What keeps you motivated despite the long odds?
Answer: "It's been an extremely tough road, with many sleepless nights, but what keeps me going is the strong hope and conviction in VoIP-Pal's technical Wi-Fi calling invention. We've been pursuing this vision since 2005, driven by the belief that consumers deserve more choice and affordability. Despite the overwhelming odds, facing trillion-dollar corporations, we've remained steadfast. VoIP-Pal may be small, but we've stood our ground for years, and our shareholders, particularly the 'mom and pop' investors, deserve to see the fruits of this hard-fought effort."


Question 2: How significant is VoIP-Pal's bid to become a lead plaintiff and third-party funder in the $256.86 billion class action lawsuit?
Answer: "This move could be a turning point for VoIP-Pal. With the other plaintiffs seeking court approval for VoIP-Pal to serve as lead plaintiff and third-party funder, this bid isn't just about our company—it's about advancing justice for 373 million subscribers affected by telecom carriers' monopolistic bundling practices. If approved, VoIP-Pal's role as a third-party funder would entitle it to a modest share of any awarded damages, reinforcing our commitment to challenging these unfair practices. Notably, VoIP-Pal authored both complaints, which align across 14 antitrust breaches, creating a powerful, coordinated approach to protect consumer choice. Approval of these roles would solidify an unprecedented effort to uphold accountability in the telecom industry.”


Question 3: VoIP-Pal has often been labeled as "litigious," particularly with regard to your involvement. How do you respond to this characterization?
Answer: "VoIP-Pal cannot simply walk away and allow our Wi-Fi calling technologies to be deployed illegally. We have a responsibility to our 6,000 shareholders to protect the value of what we've created. Ideally, we'd prefer to reach a fair settlement and avoid these lengthy, exhausting litigations. As for me personally, the character assassination has already begun, with every word I've said taken out of context. I've even been described as a 'man of color,' which I actually take as a compliment. But what truly matters to me are our 'mom and pop' shareholders, who have trusted us through this journey. Just visit my website, www.emil-malak.com."


Question 4: What is your vision for Wi-Fi calling?
Answer: "My vision for Wi-Fi calling is global connectivity—accessible and affordable to everyone. To achieve this, we need pioneers like Elon Musk to implement VoIP-Pal's Wi-Fi calling routing technologies, harnessing the potential of Starlink to connect remote and underserved areas worldwide. Imagine if platforms like X (formerly Twitter) could leverage this technology; they could increase membership tenfold by reaching users in every corner of the globe. VoIP-Pal's Wi-Fi calling solution is designed to bridge these gaps and transform how people communicate, making connectivity truly universal."

Verizon's Letter: A Desperate and Costly Mistake

Recently, Verizon issued a letter to VoIP-Pal filled with misleading claims and irrelevant patent references, seemingly in an attempt to intimidate VoIP-Pal and its legal team. However, rather than showing strength, the letter may signal a bit of desperation. Many view Verizon's letter as an effort to undermine the legitimacy of VoIP-Pal's case, especially considering VoIP-Pal's proven resilience over nearly a decade of legal battles against much larger corporations. Because the letter was not marked "without prejudice," VoIP-Pal has entered it into the record.

This could prove to be a miscalculation on Verizon's part and a potentially costly mistake, as VoIP-Pal remains undeterred by such tactics. Instead of intimidating its opponent, Verizon's actions may further highlight the strength of VoIP-Pal's antitrust claims, as it continues to push forward with renewed determination to hold the telecom giants accountable for their anti-competitive behavior.


Could VoIP-Pal's Success in Court Disrupt the Telecom Business Model?

At the heart of VoIP-Pal's antitrust complaint is a proposal for carriers to offer standalone Wi-Fi calling services for $6.50 per subscriber or $20 for a family of four. Currently, many consumers pay between $50 and $80 per month, with family plans averaging $200. VoIP-Pal argues that millions of subscribers are forced to purchase unnecessary bundled services. The complaint contends that such bundling violates antitrust laws and Section 252 of the 1996 Telecommunications Act, which prohibits anti-competitive practices.


If VoIP-Pal succeeds, it could trigger a transformative shift in carriers' business models across the USA and impact 7.4 billion global subscribers, starting with regions like Europe, Canada, Australia, and New Zealand. An American court ruling enforcing antitrust laws in this case could set a powerful precedent, leading the way for fairer, more competitive telecom practices worldwide.


The Ripple Effect: How a VoIP-Pal Victory Could Reshape the Smartphone Market

The impact of a VoIP-Pal victory could extend well beyond the telecom industry, reaching smartphone manufacturers like Apple and Samsung, who currently rely on carrier subsidies to support high-end device pricing. If carriers are compelled to unbundle cellular calling and texting from Wi-Fi calling, they may no longer be able to sustain these subsidies, given the shift to standalone Wi-Fi calling at $6.50 per month. This shift could ignite intense competition in the smartphone market, potentially driving down the average price of flagship smartphones from around $1,200 to below $400. The outcome? Increased accessibility for consumers, a redefined pricing landscape, and a push toward fairer market competition.


Defendants' Strategic Solution: Embracing VoIP-Pal's Wi-Fi Calling Technologies

As VoIP-pal Antitrust progresses, defendants should recognize that their most viable path forward lies in adopting VoIP-Pal's Wi-Fi calling technologies. With the potential combined damages of $346.86 of billons, analysts and industry stakeholders are undoubtedly weighing the far-reaching impact of these complaints. Continuing with an unfair, monopolistic business model at the expense of consumer choice is unsustainable. Embracing VoIP-Pal's solutions would not only address the antitrust and competitive issues at hand but also pave the way for a business model grounded in fairness and innovation. In an industry on the brink of transformation, the decision to adopt change is not only prudent but essential.



NOTE: This content is not the view of nor endorsed by CEOCFO Magazine or its advertisers.

Altogether, the damages from these combined cases could reach an extraordinary $346.86 billion, setting a new historical record.

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