To: DavidCG who wrote (37874 ) 9/21/1998 1:48:00 PM From: zonkie Respond to of 41046
you said>>>>There is no 1996 AT&T lawsuit against FTEL ... Slanderous one. Nice Try. Do you really think AT&T would buy FTEL's gateway boxes if they were entangled in a lawsuit? You aren't really this naive ...are you? What is happening to our nation's educational system! -DavidCG <<<<<<<I guess what you are saying is that this has been settled or dropped. Can you tell us more about the resolution of this? On the surface it looks quite minor to be named as a defendant. Form 10-Q for FRANKLIN TELECOMMUNICATIONS CORP filed on May 5 1998 FOR THE QUARTER PERIOD ENDED MARCH 31, 1998 ITEM 1. LEGAL PROCEEDINGS On July 28, 1997 the Company was named as a defendant in an action brought by AT&T Corp. ("AT&T") against Connect America, a reseller of "800" number service, its officers and affiliates, and several Internet Service Providers,including the Company. The action was brought in the U.S. District Court for the Central District of California. In general, the complaint alleges that Connect America and its officers fraudulently acquired 800 numbers from AT&T, failed to pay for them, and resold them to the Company and the other Internet Service Providers on a "flat rate" basis, notwithstanding the fact that AT&T's charges for 800 service are typically based on time utilized. The claims against the Company and the other Internet Service Providers are based on unjust enrichment, on the theory that the Company and the other Internet Service Providers knew or should have known that flat rate 800 service was unavailable. In addition to injunctive relief against Connect America and its officers, the complaint seeks damages of $7.4 million, punitive damages and attorneys' fees. The Company has filed an answer to the complaint denying the material allegations thereof, and plans to vigorously contest the action. There can be no assurance that the Company will be successful in its defense of the action. Because of the large amount sought in the complaint, an adverse outcome would have a material adverse effect on the Company's financial condition. ------------