Class Action Lawsuit Against Sprint for the 10$ Fee!
 

Found this online

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 “Premium Data Add-On” fee, despite the fact that these customers had already paid for unlimited data usage under their existing Sprint calling plans.

Law Offices of Scott A. Bursor, Law Offices of Scott A. Bursor, is investigating claims that these charges may be improper.

If you purchased a Sprint EVO 4G or EPIC 4G cellphone, we would like to hear from you so we can investigate whether you incurred this charge, how many customers have been affected, and whether there may be valid legal claims for a refund. Please contact us by responding to this email or by calling us directly at (646) 504-7781.

About Law Offices of Scott A. Bursor

Scott A. Bursor, has represented plaintiffs in class action lawsuits against Sprint and other wireless carriers since 2002. Many of these cases are discussed in detail at Law Offices of Scott A. Bursor.

Contact:
Scott A. Bursor
Email: info@bursor.com
Law Offices of Scott A. Bursor

-----------> Link
Law Offices of Scott A. Bursor

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

If this CAL is indeed in the works, I am sure Sprint will be ordered to do something for their customers. Thanks for the info though!

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

whoa, I wonder if they will use Dan Hesse' own words against him
YouTube - Dan Hesse saying 4G is free, but now "Premium Data" is $10 a month! http://explainthefee.com

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

I don't mind the $10 fee, in fact I love it. Its cheap as hell for what we do with this phone and all those getting free tether and using their phone as their primary internet connection and downloading 30-50-100gbs a month. You all should be happy too, have you seen what Verizon and the others are charging. Who the hell cares if you don't live in a 4g area. If you travel somewhere that does are you telling me you don't want to rock your phone out. If you can't handle the $10 bucks you shouldn't buy an expensive phone or a smartphone. Why don't you go out and buy one of those giant number cricket phones for the old folks and stop your whining.

And what would we gain from this CAL if it is indeed ruled against Sprint? Higher data plans with capped data? We already have the cheapest plan out of all the major carriers so why even continue to debate whether the premium fee is legit or not?

EVO on Tapatalk

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

Actually, it's not cheap as hell. I have 4 phones on a plan... so it's $500 a year (as much as my Time Warner 20/2 meg internet service a year).

I already accepted and purchased an unlimited plan.. that was not so unlimited.

I would have accepted the free better if they said it was a "premium device fee" - more then a "premium data fee"

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

^^^ I wish this site had a a "like" button I could click for this post...lol...I couldn't have said it better!!

Well put sir, well put.

We know that Sprint lied when they initially said 4g was gonna be no extra charge, and that the premium data fee was just a way to cover their ass about lying about 4g being free and in turn avoiding a bunch of baiting and switching cases, but it's still cheap. We could be getting raped like Verizon or AT&Terrible customers!

EVO on Tapatalk

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

im just wondering how this is gonna go.... reimbursement for previously incurred charges but then jacked up rates. thats fine by me... nothing personal to the new comers but i already have plan and they cant exactly change it mid contract can they... also im sure everyone is gonna have a field day with this one.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

yeah... whatever. The lawyer makes a killing and sprint takes a hit, when it can barely stay afloat.

We knew about the $10 before we got the phone. I'll gladly pay it considering the power of the phone and how they leave me alone to tether, etc. Especially considering I'm still sitting on an old sero plan.

I'll be calling this lawyer tomorrow. I have said it from the beginning. Unlimited data is unlimited data. And for those who say that this phone uses more data, I checked my data usage compared to when I had my tp2 and most of the time its the same. So don't give me that as an excuse. Also what about those who have an evo and don't have access to 4g coverage and are forced to pay the $10? Its like throwing money in a fire. Unless sprint makes the $10 fee an option for those who don't have access to 4g then keep the lawsuits coming. I'll be first in line.

Sent from my Evo using Tapatalk

Free! Full Body Protection for your smartphone.
http://stealthguards.com/idevaffilia...ate.php?id=417

I agree.

Sent from my SPH-D700 using Tapatalk while your mom was putting her clothes on.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

this is some funny $h!t I've nerver seen so many people act like babies. Point being you know what you were getting in to before you bought the phone. Meaning it's not like you got the phone and then a month later sprint told you that you have to pay 10 more a month. For all that got the devices you accepted the fee so grow up and get the bottle out your mouth.!!!!!!!!!!!!!

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

Ill agree and disagree...

I agree even if they ddnt know before, your well notified of the $10 fee upon purchase.. Therefore everyone agreed to pay it by buying the device..

that being said, Ive still used 130GBs last month and im well past 50 right now... and I pay no "cool fee" what-so-ever for my "data experience"... I can use as much data, and more veen, as any 4G device can without having a 4G device(TP2).. so a "cool fee" wouldnt actually change anything for me..

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

This case will go nowhere so don't bother. The fact is that we all had to sign a new contract as well as anew plan for the EVO/epic. The premium data add-on is part of the plan for the 4g devices and we all agreed to it for the next two years. Most people fail to understand the reasoning behind the $10 fee. Regardless weather you have and/or use 4g or 3g, the HTC EVO and Samsung epic are full feature smartphones capable of sending/receiving much more data than other smartphones out there due to the built-in features of the phones... streaming video, much faster downloading, full website support, etc. The $10 fee is more than fair and as others already said, still cheaper than the other carriers.

We were all informed of the additional fee when purchasing our awesome phones and signed a contract agreeing to it as well. True unlimited data is only available on Sprint "The Now Network"

This is a dead subject. I don't want a refund nor do I want to peruse any stupid lawsuit!

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

Goodness, we have another Verizon in the making. As others have said, no other company provides what Sprint does at the cost it charges. I frankly have no problem with the additional charge. Change the wording? Sure, but quit the whining, just go to Verizon or one of the other companies.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

Well bored you are an obvious exception. I am sure the average evo user or smartphone user isn't gonna be tethering much less tethering a 100gigs a month. But to everyone else, this is just a calculated business decision by sprint based on what they think the average user will use. The fact is the average person will infact use their evo more than their previous phone. Recently I haven't had much of a reason to tether but I can tell you that my average monthly data usage has sky rocketed compared to the previous phones that I have had for the simple reason that I can do so much with my phone so much faster. My 3g performance on my evo is way better than my 3g perfromance on my tp2, tp1, diamond....etc and because of that I simply use more data. And to the person that complained about having 4 evo's on your account and that its costing you an extra $500 a year, just imagine what that woul be costing you if you were with verizon or att. People need to get over this and just move on with their lives. Price of goods will never stay the same, why? Because the cost of those goods will never stay the same.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

I am paying for this and dont even get 4g where I am at. I have always complained about the fee but they (sprint) really does not care about my complaints.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

This is not a premium data fee, premium experience fee, or anything else. Sprint has to pay CLEAR $10 for every 4G capable device and they are passing along the cost to the customer.

Now here's the issue.

Sprint is suing Clear for this $10 fee because THEY do not want to pay for it for phones in a non 4G area. (Imagine that)

Now this CAL by the users to Sprint hinges off the same lawsuit by Sprint. If they win their case then they should drop the fee from customers lines as well.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

I'm having trouble understanding this...

Sprint says if you want to purchase this phone you will need to pay an additional $10 fee.

You agree to pay the fee.

You believe the fee is for 4g service. After you have already agreed to pay the fee you believe you should not have to pay it since 4g is not offered in your area.

What I don't understand is why you would buy a 4g phone knowing that you will not be able to use the 4g service, and agree to pay a fee that you believe is for a service that you know you will not be able to use? That makes no sense. If you didn't want to pay the fee you should not have purchased the phone.

Speaking for myself, the reason I purchased this phone knowing 4g wasn't available to me was and still is, that sprint doesn't have a 3g only phone that gets even close to the specs that the evo has. They were going to have the nexxus but that was nixxed and they recommended the evo instead. That is the reason why I purchased the evo. So if anyone can find a cdma sprint phone that has 1ghz processor and android 2.2, is htc with htc sense and is only 3g then let me know. Otherwise I'll stick with this lawsuit and agree with it all the way.

Sent from my Evo using Tapatalk

Free! Full Body Protection for your smartphone.
http://stealthguards.com/idevaffilia...ate.php?id=417

How do the epic and evo use more data then say the hero, lg optimus or samsung transform? They all use the same os. Only difference is processor and memory, and os version. You sound like a sprint employee, "you pay $10 because phone has more features than other phones". Give me a break. I use the same amount of data as I did with my tp2. I have no problem with $10 fee if I get 4g. Until then it is completely invalid and am looking forward for this lawsuit to continue.
And for those who say quit complaining then you can let people keep telling you what to do and believe. I and many others will stand up for what we believe in. If you want to pay whatever someone tells you to pay then be my guest.

Sent from my Evo using Tapatalk

Free! Full Body Protection for your smartphone.
http://stealthguards.com/idevaffilia...ate.php?id=417

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

If you dont wanna pay it... dont get a phone that requires it or switch to another carrier and pay more. I hate people that complain for no reason. Let Sprint not charge money they obviously NEED to stay in business and get bought out by Verizon so people can see how inconvenient $10 is compared to $30 or $40 more for the same features.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

I live in Memphis and I don't have 4g there, yet, supposedly coming. But right now I'm sitting in my hotel room in Dallas connected to 4g getting a blazing 8.4mbs download speed compared to the hotels anemic wifi of 400kbs. I am sure glad I'm paying the $10 so I can use my speed when I can, where I can and how I want, thanks free tether. Guess I'll be watching some netflix and slingplayer later. Sprint can't be beat. And for the guy paying $500 for 4 phone, have you ever heard of a share plan. Maybe you need to evaluate your plan.

I don't travel to an area that has 4g on a regular basis. So it does me no good. If I did, then yes I would have no problem paying the $10 but I don't. Also if you have a family plan you still pay the $10 for each 4g phone you have.

Sent from my Evo using Tapatalk

Free! Full Body Protection for your smartphone.
http://stealthguards.com/idevaffilia...ate.php?id=417

Like I said before, only reason I'm paying is because there is no other phone that has the specs of the evo. I wish the new nexxus s was cdma. I would get that phone. Plus right now for me the fee isnt too bad since I have a family plan and get $10 off my bill for the next 2 years. I also don't think that complaining about this is for no reason. If this was a no reason complaint then the lawsuit wouldn't be happening right now.

Sent from my Evo using Tapatalk

Free! Full Body Protection for your smartphone.
http://stealthguards.com/idevaffilia...ate.php?id=417

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

So if people have to everything plan you think its fair for them to charge them $10 for data or whatever you wanna call it..

so the evo comes out and suddenly your everything plan doesnt cover everything
sense when did everything not include everything for the evo come on really get serious

its like going to all you can eat and once your in they wanna charge you 10 more bucks for the salad bar

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

I'm in. We aren't paying the fee for the 4G according to Sprint. The fee covers the "super fast processor", the "kickstand" and the overall "experience". The $10 could not be quantified. It was charged because they could. That's my gripe. You want the phone, pony up regardless if it gives me nothing more than my old Hero.
Sprint could have, and should have marketed the fee differently...

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

i really dont see how its that difficult, if you want the phone pay the $10. if you dont want to pay then switch networks and pay more per month (most times) or use a phone that doesn't require it. you signed a CONTRACT knowing what you where paying, but in typical good'ol USA fashion sue them till you get your way.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

I think your missing the point....

When 4G was introduced they advertised it as being free. When they came up with the $10 charge, there mixed explanations of why the charge was there. They ranged from "you have a fast processor, you have a big screen, you have a new phone that can access faster internet, ect... They never admitted that the charge was for 4G access; which again was advertised as being free..

"Premium Data Experience"???? What is that. For some of us that only work on 1x Data its a rip off!!

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

Class action suites are a joke. The only people who get anything out of them are the lawyers.
I have been invited several times and for the real whopper, I got a $12 check!! That was for $7000 loss woth First Investors mutual.

Everyone voluntarily signed up for the plan. Their was no force or mis-representation. It was an advanced premium for 4G service. You could simply say 'No' and go down the hall and get an iPhone with their great data plan.

Sprint's plan is one of the best out there. We are cheaper than Metro PCS, which boast of being the lowest.

So let a bunch of out-of-work ambulance chasers go after Sprint. Might drive their stock down more. Hey, wouldn't be a hoot if they went backrupt? Then all our phone woudl become iPads.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

What bugs me is I was lied to. I live near Akron, Ohio - considered part of the "Cleveland metropolitan area". I was told by the Sprint rep that when the "Cleveland area" got 4G, it would extend through the whole area, including the store I was buying it from (which is further south of Cleveland than where I live.)

I didn't mind paying the extra $10/mo for 3-4 months while waiting for 4G, but when it finally came, the coverage area was pathetic- ending over THIRTY MILES north of my house and office. So now, instead of wasting $30 or $40 each for two phones while I wait for the value that's supposed to provide, I'm going to wait how long? The whole two years?

I would not have purchased the Evo or even remained on my Sprint contract if I hadn't been lied to.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

Don't forget to tell that lawyer that you were told of the premium fee before you agreed to purchase the phone. Also explain to him that you agreed to purchase the phone KNOWING that you did not yet have 4G service where you live. Please inform the shister lawyer that you signed a two year contract and kept the phone well past the 30 day worry free return period because you once again agreed to the terms and data plan for the 4G phone. The first thing the sales rep told you is that the 4G phone requires an additional monthly fee. If I remember correctly you said " Oh that's fine with me because I have to have this awesome phone... even if I don't have 4G where I live right now, I will just use 3G... where do I sign the contract, I'm in a hurry!!!" That's close to the actual truth.

Exactly. I agree 100%.

Exactly. But this is complete morons where talking about here... they are uniquely incapable of mature reasoning. The world is full of them and we're all surrounded by them!

AGAIN... you were told that this 4G phone required a premium monthly fee BEFORE you eagerly agreed to buy the phone. I believe your response to the sales rep about the fee was... "No problem it's still cheaper than AT&T & Verizon and this phone is awesome!" "Excuse me where's the pen so I can sign the contract?" Where are you from? Oh nevermind your member name says it all. You're not making yourself sound very intelligent by your comments... but just the opposite.

Do you realize you just admitted that you knowingly purchased the 4G phone knowing you did not have 4G service? Will someone please explain the advantages of a much faster processor, more memory, front facing camera, nd video upload capabilities
Etc? You are well aware that the EVO spanks those other phones and is a much more capable phone. Otherwise why would you even upgrade to the EVO? And once again... you eagerly agreed to the additional fee. It doesn't matter if you were told the $10 monthly fee was simply due to the high demand and popularity of the phone... you agreed to pay the monthly fee! Nobody twisted your arm! There's a line of idiots waiting on you at the shister lawyer's office... step to it pal.

But you agreed to the monthly fee anyway? Knowing that 4G was not yet available in your area? Did you return the phone before the 30 day return period expired? Or did you keep the phone because 3G was plenty fast and you really liked the phone so much that is was worth the additional fee?

So you decided to admit the real reason you agreed to fulfill your 2-year contract WITH the additional monthly fee? If Sprint wins a settlement with Clear then you might get a paycheck for the fees passed down by Clerk through Sprint. Otherwise if you entered a contract and had 30 days to get out of it but decided you were happy, then there is no judge that will award a settlement to a herd of morons looking for a payday.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

i just want to inform everyone that i'm following this for the ol' lady, and also that i have a big ass bag of popcorn for this :D.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

The Epic, followed by the Evo, are the best phones Sprint has right now. Why should you have to suffer with Sub-par phones because you're not in a 4G area?

Why not release a non 4g version instead of releasing a Dumbed down Transform? Because they know those that want the best will bend over and pay the fee, they could care less if you complain about it later(most of what this thread is about.) I don't have 4G nor do I pay the fee so I could care less at the moment.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

the reason this lawsuit has merit is because sprint has failed to provide a reasonable explanation as to what 'premium data' really is. they can't just make up a fee and charge people for it... there has to be something of value given in return for your money.

had they simply made up new 4g plans nobody would be able to say anything about it.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

i wanted to buy the Evo because of it's specs...and the fact that it's a shiny new toy. but when i was told i had to pay a monthly $10 for it, i asked if 4g was available in my area yet. sales rep said not yet. so i opted to just forego the phone and wait. but now....4g is available in my area. that means i can finally get the Evo and really use everything it has!

i guess what im trying to say is...with my tp2, i was able to do everything i needed to do, may it be work or personal use. although the Evo was hypnotizing, i was not gonna be able to use it to its full potential. so why get a device that can't perform the way it's made because 4g is not available in my area yet? so for me, although the newer devices had better specs, i was able to do what i needed to do with my current device. i didn't see the need of getting a device because it has way better specs than my tp2 when i did not get 4g to be able to use the phone to its full capability. and since i waited and now i have 4g coverage, i can get the phone and think to myself that the extra fee is now justified. im just the type of person that will get a device depending on whether i can justify what im paying for or not.

Re: Class Action Lawsuit Against Sprint for the 10$ Fee!
 

My only gripe is that no 4g in detroit after being told it would be here at the end of the year. Its in grand rapids which is no where neae me. Love the phone, love the service, appreciate sprint has worked on customer service just upset or more so disappointed I dont have 4g. I have comtemplated selling thephone and payingthe etf. However where would I go, expensive as verizon or crippling att, metro is a joke. I am a heavy user of data and I know I would abuse 4g when it comes so basically all that to say I contemplated the cal but I have abused sprint with tethering, lieing, cheating, refferal prgram abuse and the ten dollar fee is something I feel is sprint and I getting back sqaure because when 4g comes to detroit when ever that may be I will abuse it and use it excessively