Sprint Class Action??

[geomens]

The problem is NOT that we agreed to pay the fee and now we don't want to. The problem is that when I purchased my phone, I was told the fee was for 4G service. Great! Excellent! That's part of the reason I want the phone! The problem is that they are not providing the service that they are charging me for. It is a very basic breach of contract. If they provide me with 4G service anywhere near my metropolitan area, I am more than happy to pay the stinking fee. They need to nix this charge until they are actually providing the service.

Take your contract to Sprint, show them where it states that the $10 is for 4G service and I am sure they will gladly "nix" the charge for you. In as much as I don't like the extra charge, my contract does not say that it is for a 4G service. We made a lot of noise about this charge when it is announced but we still went ahead and purchased the phone because with the $10 charge, Sprint is still cheaper than the competition.

 

[Rigmaster]

I don't like the $10 charge, but I knew I was getting it with my Evo. I don't like Sprint's words, but I cannot claim I was deceived or that there was anything like a contract breach. I hope rumors of a class action suit aren't true as defending against litigation like this ends up costing Sprint and ultimately Sprint customers.

Again, I see the charge similar to premium fees for cable, phone, or any other service. The fee is for access to something that others cannot access even if I don't use the access.

 

[iceblade]

A class action lawsuit has been filed in Sept 30th.
Sprint 4G Class Action Lawsuit
I don't mind paying additional $10 if I get good coverage/service... but if I pay $10 and get nothing, then that's bad.

 

[silencer271]

eh no one was forced to buy the phones...

 

[kahale]

eh no one was forced to buy the phones...

the point is sprint is still charging the $10 fee even if your area doesn't have the 4g service. 4g should be a optional add-on. also sprint still hasn't released a equivalent premium 3g only phone, forcing all users who want a premium phone to get a 4g phone as those are the only premium phones sprint has available.

 

[reborns14]

http://www.courthousenews.com/2010/10/01/SprintCA.pdf

 

[silencer271]

http://www.courthousenews.com/2010/10/01/SprintCA.pdf

and its been made offical

 

[eieio]

and its been made offical

I could have that dismissed by lunch using a paralegal on crack

 

[Seddy]

I dont see what the big deal is... I pay the extra $10 and I dont even have EVDO. Is it that serious??

 

[Aero1]

I could have that dismissed by lunch using a paralegal on crack

I seriously doubt it. I think it will have plenty of traction in the courts.

For one think I don't see how a class action for the $10 fee on Epic or the first month can't win, given its 3g was worse than two-year-old 3g phones.

As far as what is in the "contract" it is a kitchen sink contract. LOTS of items Sprint has claimed are in their contract have not held up in court, heck the contract even says you class action and that assertion by Sprint (and VErizon and ATT) has been thrown out too.

I was part of a successful class action agaisnt Sprint some years back, and the very first thing the courts threw out as invalid was the business about no class actions and mediation only in the service agreement.

 

[mandamommy78]

It's not the fact that they charge $10 specifically for 4G, it's the fact that they are charging it to customers that are NOT in areas that provide it. So basically, you're paying an extra $10 for services you don't get or for the 3G you already get.

 

[mandamommy78]

It's not the fact that they charge $10 specifically for 4G, it's the fact that they are charging it to customers that are NOT in areas that provide it. So basically, you're paying an extra $10 for services you don't get or for the 3G you already get.

I should clarify, the $10 is for 4G only. For example, I live in San Jose, CA. 4G is not available, yet they still wanna charge me the additional $10 for services NOT provided. That's like paying for U-Verse that's not yet available. Would you do that?

 

[IOWA]

Pfff... apparently, people are not reading their contracts. In the fine print is a statement where you waive the right to class action lawsuits and trial by juries.

Personally, I think that they cannot actually hold you to that stipulation, using it only to discourage people... but with the recent SCOTUS ruling that corporations can donate unlimited funds to political campaigns, it's a whole new ballgame. There was a recent case where a businessman was being tried for illegal business practices. He totally funded a rival candidate for the position of judge, against the one trying his case. His rubber stamp one and he was left off the hook.

So, don't hold your breath waiting for a class action.

I'm pretty sure judges have ruled against these clauses in contracts before.

 

[FreakyLocz14]

I'm actually a law student, so I'll chime in on this thread.

Here are the reasons a class action would fail:

1) Nowhere did Sprint say that the $10 fee was for access to 4G. They have all said that it's for the faster processor, access to HD content, etc. Call that BS if you wish, but you are getting the services that Sprint says it's offering for your $10.

2) What some random employee tells you is hearsay, and is inadmissible in a court of law.

3) What some employee said the $10 fee was for has no legal merit. The contract that you signed when you signed-up for Sprint service is what has legal merit. Nowhere does it say that the $10 fee is for access to the 4G network.

4) No one forced the fee on you. Sprint made it well known that you must have that add-on in order to own and EVO or an EPIC. Plus, you also had 30 days to change your mind.

5) In the contract, you waived your right to class actions and jury trials. One could still dispute the fee in a bench trial, but that would be pointless given my above 4 points and how much your legal fees would cost in contrast to the $240 you would win if you were to be successful in your case somehow.

 

[dan330]

what he said ^^^^^^^

 

[IOWA]

I'm actually a law student, so I'll chime in on this thread.

Here are the reasons a class action would fail:

1) Nowhere did Sprint say that the $10 fee was for access to 4G. They have all said that it's for the faster processor, access to HD content, etc. Call that BS if you wish, but you are getting the services that Sprint says it's offering for your $10.

2) What some random employee tells you is hearsay, and is inadmissible in a court of law.

3) What some employee said the $10 fee was for has no legal merit. The contract that you signed when you signed-up for Sprint service is what has legal merit. Nowhere does it say that the $10 fee is for access to the 4G network.

4) No one forced the fee on you. Sprint made it well known that you must have that add-on in order to own and EVO or an EPIC. Plus, you also had 30 days to change your mind.

5) In the contract, you waived your right to class actions and jury trials. One could still dispute the fee in a bench trial, but that would be pointless given my above 4 points and how much your legal fees would cost in contrast to the $240 you would win if you were to be successful in your case somehow.

1.) No company can legally charge a subscription fee for hardware you OWN.

2.) Not if you record them saying it.

3.) Then what is the fee for? People just want an explaination.

4.) True enough.

5.) This has been proven unenforceable in the court of law.

 

[FreakyLocz14]

1.) No company can legally charge a subscription fee for hardware you OWN.

2.) Not if you record them saying it.

3.) Then what is the fee for? People just want an explaination.

4.) True enough.

5.) This has been proven unenforceable in the court of law.

1) You don't completely own the equipment if you buy it at a subsidized price. When you buy a phone with a wireless contract, you are not paying the full price of the phone that is needed to own the phone. And please explain to me why the company can't charge a subscription fee for certain hardware? All wireless carriers have been charging more for internet on smartphones than dumbphones for awhile now and have made data plans mandatory on them.

2) If you record them, it is still hearsay. Recording a person without their consent is a crime in many jurisdictions as well.

3) The fee is for owning a certain device that Sprint has determined needs the fee for reasons it has decided. Simple as that. I know it sucks, but no one is forcing you to be a Sprint subscriber or to purchase a phone that requires the fee.

5) That may be so, but this case is still frivolous imo.

I would also like to add that even if this was indeed for 4G access, Sprint can still legally impose it on customers who are not in a 4G market. You will have access to the 4G network anytime you travel to an area that has 4G coverage. Wireless carriers do not guarantee coverage to customers in all areas, so Sprint does not have to guarantee 4G coverage in the same regard.

 

[IOWA]

1) You don't completely own the equipment if you buy it at a subsidized price. When you buy a phone with a wireless contract, you are not paying the full price of the phone that is needed to own the phone. And please explain to me why the company can't charge a subscription fee for certain hardware? All wireless carriers have been charging more for internet on smartphones than dumbphones for awhile now and have made data plans mandatory on them.

2) If you record them, it is still hearsay. Recording a person without their consent is a crime in many jurisdictions as well.

3) The fee is for owning a certain device that Sprint has determined needs the fee for reasons it has decided. Simple as that. I know it sucks, but no one is forcing you to be a Sprint subscriber or to purchase a phone that requires the fee.

5) That may be so, but this case is still frivolous imo.

I would also like to add that even if this was indeed for 4G access, Sprint can still legally impose it on customers who are not in a 4G market. You will have access to the 4G network anytime you travel to an area that has 4G coverage. Wireless carriers do not guarantee coverage to customers in all areas, so Sprint does not have to guarantee 4G coverage in the same regard.

1.) The payment for the phone includes the 2 years of service. You are paying for the phone with your down payment, and the promise of two years of service. So yes, the phone is the customer's property. If the customer doesn't fulfill his end of the agreement, that's why they have the etf.

2.) Recording a phone call, that both parties obviously consent to, (duh, they run off that disclaimer at the beginning of every call), is not illegal. And as an official from the corporation, that is not hearsay.

3.) People would still like a straight up explanation instead of all this cloak and dagger nonsense.

5.) It is not frivolous. The '4G charge' should be optional, and the only reason it isn't is due to poor negotiating with Clearwire. Bottom line is, they need to explain the charge. They clearly say it is for "premium data". Well, why is the data so different from say the EVO to the LG Optimus S? Last time I checked, they could both pull the same amount of data.

If you really are a law student, you really need to brush up on a few things.

 

[ovrrdrive]

The real reason a class action suite can't win is that the only person that really sees any money from it is the lawyer trying it. The people in the suite get like $5 each while he gets his 60% or what ever and makes a mint.

I never participate in class action suites...

 

[Seddy]

Just thought I'd add some information...

The 3G/4G connection cards basically do the same thing the EVO & Epic's do which is allow you to connect to a 3G or 4G (if available) network. Yet the $59.99 a month is still the same on the 3G only connection cards with no extra $10. And on top of that the 5GB cap for 3G service doesn't come into play when connected to a 4G network. So this proves that the extra $10 has nothing to do with 4G. If it did then this would make no sense on Sprints part since there are hundreds of thousands of 3G/4G connection card owners.

Its clear that the $10 Premium Data Fee is for 'Premium Data'. I know there has been many different explanations to what the fee actually pays for and I definitely agree that some type of solid answer needs to be given. But all this ranting and raving about 'paying for 4G' is nonsense.

 

[FreakyLocz14]

1.) The payment for the phone includes the 2 years of service. You are paying for the phone with your down payment, and the promise of two years of service. So yes, the phone is the customer's property. If the customer doesn't fulfill his end of the agreement, that's why they have the etf.

2.) Recording a phone call, that both parties obviously consent to, (duh, they run off that disclaimer at the beginning of every call), is not illegal. And as an official from the corporation, that is not hearsay.

3.) People would still like a straight up explanation instead of all this cloak and dagger nonsense.

5.) It is not frivolous. The '4G charge' should be optional, and the only reason it isn't is due to poor negotiating with Clearwire. Bottom line is, they need to explain the charge. They clearly say it is for "premium data". Well, why is the data so different from say the EVO to the LG Optimus S? Last time I checked, they could both pull the same amount of data.

If you really are a law student, you really need to brush up on a few things.

You don't own your phone fully when you buy it unless you buy it at full retail. If you cancel service, carriers require you to return your device or pay and equiptment fee in addition to the ETF. I believe this can apply until up to 6 months into the contract.

Sprint requiring more expensive data for it's two 4G phones is no different than say AT&T requiring iPhone users to have a more expensive data plan that feature phone users. Both devices have HTML browsers and neither support Flash, yet one costs more than the other because they want the luxury of owning an iPhone.

I agree that they should explain the charge, but my point is that they don't legally have to. And the fact that the charge was well advertised and consented to by those who purchased and EVO or an EPIC, and that they have 30 days to see if Sprint's services (including 4G service) is adequate in areas that the customer will be using their phone further bolsters Sprint's defense.

 

[dan330]

i think you guys are arguing in circles...
you own the phone!
they own the network!

I compare the $10 fee more to vehicle registration for use on roads..

big commercial/full size trucks.. has the ability to uses the roads more.. cause more wear and tear.. more maintenance will be required. To have this on the roads, you will be charged more for registrations. Even if the this vehicle will never hit the big Highway you still pay for the option to use it when you can use the highways.
The EVO and EPIC has the ability to really beat the crap of the network.

 

[dan330]

the argument about subsidizing... and they can charge the $10 fee.. because they still own the device ...is crap.

so.. if I buy the EVO or EPIC .. full retail.. no contract subsidizing
or
when my 2 yr contract is up...

will I have the option to not pay the $10 fee and use 4G??

It is a tax for using a device that has no limits on thier network! simple as that.

 

[IOWA]

i think you guys are arguing in circles...
you own the phone!
they own the network!

I compare the $10 fee more to vehicle registration for use on roads..

big commercial/full size trucks.. has the ability to uses the roads more.. cause more wear and tear.. more maintenance will be required. To have this on the roads, you will be charged more for registrations. Even if the this vehicle will never hit the big Highway you still pay for the option to use it when you can use the highways.
The EVO and EPIC has the ability to really beat the crap of the network.

True, but no more than an optimus S or Samsung Transform.

 

[dan330]

True, but no more than an optimus S or Samsung Transform.

why do you say that???


with the epic and evo.. you have higher priority request over them.

and if you are in 4g area.. you can do even higher usage.

Optimus can not do vid conference.