Sprint Class Action??

[IOWA]

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.

Can you prove the QoS is higher for the EVO or EPIC?

That seems kind of odd since during Sprints midwest data outage the EVO was the first phone to lose connectivity, and then the EPIC, but dumbphones were fine?

 

[dan330]

that just proves that they have different access to the network... does not prove they do not have priority.

I read back when the whole $10 fee was announced. and on sprints website forum. it was explained by sprint rep.
- $10 fee was for access to 4G (not that it will be in your area)
-NOT for unlimited data.. it is already unlimited.
-for uncapped data speeds on 4G
-for higher data speeds on 3G (higher capped data ceiling, when network has speeds to give)
-for higher access request from the network over non-$10 fee phones.

i am pretty sure of this.

 

[IOWA]

that just proves that they have different access to the network... does not prove they do not have priority.

I read back when the whole $10 fee was announced. and on sprints website forum. it was explained by sprint rep.
- $10 fee was for access to 4G (not that it will be in your area)
-NOT for unlimited data.. it is already unlimited.
-for uncapped data speeds on 4G
-for higher data speeds on 3G (higher capped data ceiling, when network has speeds to give)
-for higher access request from the network over non-$10 fee phones.

i am pretty sure of this.

No offense, but pretty sure =/= fact.

 

[FreakyLocz14]

On the EVO and the EPIC, video calling is allowed over 3G (a drain on the network) as well as streaming and uploading 720p HD vidoes to popular sites such as YouTube (yes it's slow, but still possible).

There's not 3G data cap for any Sprint phone on the Everything Data 450/900 or Simply Everything plans. The 5 GB 3G data cap only applies to wireless modems and laptop dongles. The EVO and the EPIC can also act as a wireless modem. If it weren't for the $10 Premimum Data fee, 3G tethering would be capped at 5 GB, but now it's uncapped. The cap was lifted off of tethered data.

 

[IOWA]

On the EVO and the EPIC, video calling is allowed over 3G (a drain on the network) as well as streaming and uploading 720p HD vidoes to popular sites such as YouTube (yes it's slow, but still possible).

There's not 3G data cap for any Sprint phone on the Everything Data 450/900 or Simply Everything plans. The 5 GB 3G data cap only applies to wireless modems and laptop dongles. The EVO and the EPIC can also act as a wireless modem. If it weren't for the $10 Premimum Data fee, 3G tethering would be capped at 5 GB, but now it's uncapped. The cap was lifted off of tethered data.

You can pretty much do all that on the optimus s/transform too.

 

[FreakyLocz14]

You can pretty much do all that on the optimus s/transform too.

Tethering is capped at 5 GB on 3G. And I've seen the Optimus S. It doesn't have a front-facing camera and can't shoot video in 720p.

 

[IOWA]

Tethering is capped at 5 GB on 3G. And I've seen the Optimus S. It doesn't have a front-facing camera and can't shoot video in 720p.

Neither can the EVO/EPIC. I don't care what they say, it doesn't shoot in any kind of quality someone would expect from 720p. And if they really wanted $10 a month for that "ability", they can keep it(not to mention it's illegal). Now your just grasping at straws.

Furthermore, tethering is capped at 3G on the EVO/EPIC as well. Read your contract.

 

[FreakyLocz14]

Neither can the EVO/EPIC. I don't care what they say, it doesn't shoot in any kind of quality someone would expect from 720p. And if they really wanted $10 a month for that "ability", they can keep it(not to mention it's illegal). Now your just grasping at straws.

Furthermore, tethering is capped at 3G on the EVO/EPIC as well. Read your contract.

Please cite sources (such as federal case law and/or federal statutes) that explain to me why the $10 fee is illegal.

And yes, the EVO and the EPIC shoots at 1280x720 (that's what 720p is). The quality of video on my EPIC 4G is great.

I'll go through the contract regarding tethering to see about tethering caps. Remember a cap is when you are charged overages for going over the cap, not when speeds are throttled.

 

[IOWA]

Please cite sources (such as federal case law and/or federal statutes) that explain to me why the $10 fee is illegal.

And yes, the EVO and the EPIC shoots at 1280x720 (that's what 720p is). The quality of video on my EPIC 4G is great.

I'll go through the contract regarding tethering to see about tethering caps. Remember a cap is when you are charged overages for going over the cap, not when speeds are throttled.

Ever hear of a softcap Last time I checked a cap is still a cap.

And I can change a 72ppi image to 600ppi in photoshop. Does that mean it's really a 600ppi image?

As for case law that is your burden to disprove. Your the "law student", remember? I just know a company can't charge you a fee for something you own, so that's why the explanation of the "premium data" fee is in order.

 

[FreakyLocz14]

Ever hear of a softcap Last time I checked a cap is still a cap.

And I can change a 72ppi image to 600ppi in photoshop. Does that mean it's really a 600ppi image?

As for case law that is your burden to disprove. Your the "law student", remember? I just know a company can't charge you a fee for something you own, so that's why the explanation of the "premium data" fee is in order.

No, it's not my burden. The rules of debate require the person positing a claim to prove their claim. You posited the claim that the charge is illegal, so you have the burden of proof. The fact that I study law is irrelevant.

And I don't like the charge as much as you do. Even with the charge, Sprint is still a better value than AT&T and Verizon, and is comparable to T-Mobile.

Trust that Sprint has attorneys that have analyzed the legality of this charge. Your case seems weak to me, but this America where anyone can attempt to sue anyone for any reason. If a judge decides the case isn't frivolous, by all means participate in a class action.

 

[IOWA]

No, it's not my burden. The rules of debate require the person positing a claim to prove their claim. You posited the claim that the charge is illegal, so you have the burden of proof. The fact that I study law is irrelevant.

And I don't like the charge as much as you do. Even with the charge, Sprint is still a better value than AT&T and Verizon, and is comparable to T-Mobile.

Trust that Sprint has attorneys that have analyzed the legality of this charge. Your case seems weak to me, but this America where anyone can attempt to sue anyone for any reason. If a judge decides the case isn't frivolous, by all means participate in a class action.

It is your burden, because I really don't care, and if you can't do the research maybe you shouldn't be studying law.

 

[FreakyLocz14]

It is your burden, because I really don't care, and if you can't do the research maybe you shouldn't be studying law.

Why would I research a case I'm not involved in? I never said I was taking up this case.

 

[IOWA]

Why would I research a case I'm not involved in? I never said I was taking up this case.

"Put up or shut up"

Come on, this should be a cake walk for you "law student".

 

[FreakyLocz14]

"Put up or shut up"

Come on, this should be a cake walk for you "law student".

Legal research is never a cake walk, even for a seasoned attorney. Go to law school and find out for yourself.

 

[IOWA]

Legal research is never a cake walk, even for a seasoned attorney. Go to law school and find out for yourself.

After you.

 

[dan330]

hahaha lol...

 

[BenChase7]

MOD's!! ...please help! This thread is making the forum users dumber by the second.

 

[Bic101]

Has anyone else got this email about a class action lawsuit? Sounds to me like a strange way to solicit clients. Is this legit? Here's the email (without the email addresses and phone numbers) (Cross listing this on other boards)

December 3, 2010

If You Purchased a Sprint EVO 4G or EPIC 4G Cellphone, You May Be Interested in a Class Action Lawsuit
________________________________________
________________________________________
A class action lawsuit was filed alleging that Sprint customers that purchased the EVO 4G or EPIC 4G cellphones are being charged a $10 monthly

 

[marctronixx]

virtually everyone who has a 4G phone on sprints network has this fee...

 

[vud911]

Everyone has the fee. Doesn't mean the lawsuit don't have merits.

I am surprised they emailed you directly though.

 

[Bic101]

Everyone has the fee. Doesn't mean the lawsuit don't have merits.

I am surprised they emailed you directly though.

That's what makes me suspicious. Never heard of getting solicited by email. Sort of makes me think it's ambulance chasing. And it was to my work email address which is not how I"m registered with Sprint.

 

[BenChase7]

lol

 

[marctronixx]

Everyone has the fee. Doesn't mean the lawsuit don't have merits.

I am surprised they emailed you directly though.

the wording of the above is not correct. sprint has published this "fee" since day one of the sale of the evo. its not something sprint slid in on your contract. its a sneaky way to build up a class in my opinion..

 

[novarider]

What would be the result of this suit? You may get a little bit of money but wouldn't your name be given to sprint as part of the court documents? Couldn't sprint then cancel your contract?

No thank you. I knew about the fee when I bought this phone. Do I like it no, but it's still something I agreed to pay when I signed the contract.

 

[lordofthereef]

It's probably going to get thrown out. Their unlimited plan is defined as a 5G cap. The extra $10 fee is defined as uncapped.