Sprint ETF (Early Termination Fee) Class Action Lawsuit Settlement

UPDATED 5/5/09 – Only Non-Cash (category IV) claims are accepted now.

No more cash claim submissions are allowed.

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to see what’s available!

Award (how much your claim may be worth): $35 – $90

Case(s): Larson v. Sprint Nextel Corporation Civ. Action No. 2:07-cv-05325 (JLL-ES)

Company: Sprint Nextel / Nextel Partners / Nextel / Sprint

Website Link to access the Class Action Lawsuit Settlement and get YOUR Stake (PREFERRED METHOD): Settlement Administrator

Address to submit paper claim (NOT REQUIRED):

Sprint ETF Settlement Administrator

c/o Gilardi & Co. LLC

P.O. Box 808054

Petaluma, CA 94975

Phone Number for Assistance: 800-916-6940

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Details: From what we’re reading if your account is past due for charges OTHER than the Early Termination Fee (ETF) your claim will likely be denied. Make sure your account is current and that the only past due charge is/was due to the Early Termination Fee to make your claim. Interestingly if you have a deceased loved one who was charged the flat rate ETF you can make the claim on their behalf. You’ll want to keep in mind that if you’re not listed as an authorized contact on their account your claim may be denied or you may be asked for additional proof of relation. Also, if you received all or a partial credit for an ETF charged your claim will likely be denied.

You’ll notice that there are different claim levels depending on whether you can provide proof of your claim. This proof would be an invoice or account statement showing the fixed rate ETF charge, the date it was charged, the date your account was created and the date service was canceled. YOU ARE NOT REQUIRED TO SUBMIT THIS PROOF WHEN YOU FILE YOUR CLAIM ONLINE! If you don’t have it, we recommend you login (or create a login) to Sprint.com and print out your old invoices. Our understanding of this particular settlement is that you will not have to show your proof unless your claim doesn’t agree with the Sprint / Nextel records. Their records go back years, and include the individual Sprint, Nextel, Sprint Nextel and Nextel Partner records, so the Settlement Administrator will be able to verify your claim’s authenticity relatively easily meaning you likely won’t have to ever send in proof. Just make sure your dates (date contract signed, length of contract, date service ended and date ETF charged) and amount of ETF paid are correct. Nextel used to charge $200 as their ETF.Anyone out there want to leave a comment as to how much they were charged by Sprint?

Head over to the Settlement Administrator web page and click on File a Claim. It’s fairly easy and will automatically offer you the amount you qualify for depending on your answers to the questions asked.

PLEASE NOTE THAT THE $90 CASH REWARD (if you were charged the ETF) or $35 CASH REWARD (if you didn’t cancel because of the threat of the ETF) IS FOR CATEGORY III CLAIMANTS ONLY! TO BE INCLUDED IN IT YOU MUST ANSWER THE QUESTION:

“Do you believe that your wireless service contract, including amendments, changes, and / or extensions to that contract, OR the ETF provision in that contract is improper, invalid, unlawful, or otherwise unenforceable for any reason?”

With “Yes“.

Basically you’re stating that you feel the contract agreement was improper, unlawful or invalid and can’t be enforced if brought before a court of law.

If you don’t answer it then you will automatically be placed in a different category with a lower cash/credit claim threshold. You will be asked that question after you submit your personal information, mobile number, contract start date and the approximate date when you canceled service and were charged the ETF.

Claimants are broken out into the following categories.

Category I. Claimants who paid the ETF (they didn’t let it go into Collections)

A. Those who signed a two year contract and canceled within the first six months and can show proof can claim a $25 refund or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month for the first year of a two year contract. Sprint’s regular credit check process will be followed prior to approving the activation of a new line of service.

B. Those who signed a one year contract and canceled within the first three months and can show proof can claim a $25 refund or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month for the first year of a two year contract. Sprint’s regular credit check process will be followed prior to approving the activation of a new line of service.

C. Those who signed a two year contract and canceled from the seventh through the twenty-fourth month and can show proof can claim a $90 refund or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month the first year of a two year contract. Sprint’s regular credit check process will be followed prior to approving the activation of a new line of service.

D. Those who signed a one year contract and canceled from the fourth through the twelfth month and can show proof can claim a $90 refund or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month the first year of a two year contract. Sprint’s regular credit check process will be followed prior to approving the activation of a new line of service.

E. Those who sign an affidavit stating they paid the ETF but don’t have proof can claim a $25 refund or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month the first year of a two year contract. Sprint’s regular credit check process will be followed prior to approving the activation of a new line of service.

Category II. Claimants who were charged the ETF but didn’t pay it (and the debt went to Collections)

A. Those who signed a two year contract and canceled within the first six months shall be entitled to $25 in relief if the debt is still owned by Sprint Nextel or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month for the first year of a two year contract. Sprint’s regular credit check process will be followed prior to approving the activation of a new line of service.

B. Those who signed a one year contract and canceled within the first three months shall be entitled to $25 in relief if the debt is still owned by Sprint Nextel or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month for the first year of a two year contract. Sprint’s regular credit check process will be followed prior to approving the activation of a new line of service.

C. Those who signed a two year contract and canceled after the seventh month or signed a one year contract and canceled after the fourth month shall be entitled to $90 in relief if the debt is still owned by Sprint Nextel or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free the first year of a two year contract. Sprint’s regular credit check process will be followed prior to approving the activation of a new line of service.

D. Those who would be eligible to claim a benefit but the debt is no longer owned by Sprint Nextel or they can’t show sufficient proof they were charged. This typically happens four to six months after the charge was applied to the account but not paid and would apply to you if a third party collection agency (not Sprint) is trying to collect the debt. Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free the first year of a two year contract. Sprint’s regular credit check process will be followed prior to approving the activation of a new line of service or you can claim a 90 minute Sprint pre-paid long distance calling card.

Category III. Claimants Who Claim Their Wireless Term Contract(s) Including Amendments, Changes and/or Extensions to the Contract(s) or the Assessment or Potential Assessment of an ETF, is Improper, Invalid, Unlawful or Otherwise Unenforceable For Any Reason Whatsoever

A. Those who were charged the ETF, paid it, and can show proof can claim a $90 refund or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month for the first year of a two year contract. Sprint’s regular credit check process will be followed prior to approving the activation of a new line of service.

B. Those who were charged the ETF, didn’t pay it, and can show proof shall be entitled to $90 in relief if the debt is still owned by Sprint Nextel or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month for the first year of a two year contract. Sprint’s regular credit check process will be followed prior to approving the activation of a new line of service.

C. Those who wanted to cancel but didn’t because of the threat of the ETF can claim a $35 cash reward or 30 anytime bonus minutes per month for one year can be added to your account. It’s important to note Sprint Nextel may check their records to see if you called in and that the customer care agent notated the account about your desire to cancel. If that note isn’t on the account the claim may be denied. Because of Scott’s experience within the Sprint Nextel organization (and the multiple systems they’ll have to check for the notes) he’s doubtful claims will denied if the account doesn’t have that note, but it’s a definitive possibility. If they deny the claim you’ll receive a note asking for proof either via e-mail or USPS. They won’t call you, so keep an eye out for it.

Category IV. Claimants Whose Claim Arises AFTER This Settlement Period Ends But Before 1/1/11. THIS ONLY IMPACTS YOU IF YOU SUBMIT YOUR CLAIM AFTER 5/4/09.

A. Those who missed the deadline to submit their claim form for the larger settlement can submit their claim for late but you’re aren’t allowed a cash settlement. You can claim a Sprint Nextel prepaid 90 minute Long Distance Calling PIN or 300 free text messages per month for six months for an existing or new line of service or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month for the first year of a two year contract. Sprint’s regular credit check process will be followed prior to approving the activation of a new line of service.

That’s it! The Settlement Administrators (Gilardi & Co. LLC) did a good job of setting up the online claim form so it automatically places you in the correct category depending on how you answer the questions asked. Go forth and submit your claim now, both current and past Sprint Nextel Subscribers!  Settlement Administrator

REMEMBER THAT THE $90 CASH REWARD (if you were charged the ETF) or $35 CASH REWARD (if you didn’t cancel because of the threat of the ETF) IS FOR CATEGORY III CLAIMANTS ONLY! TO BE INCLUDED IN IT YOU MUST ANSWER THE QUESTION:

“Do you believe that your wireless service contract, including amendments, changes, and / or extensions to that contract, OR the ETF provision in that contract is improper, invalid, unlawful, or otherwise unenforceable for any reason?”

With “Yes“.

Purchased From: July 1, 1999 – December 31, 2008

Claims Accepted Until (YOU MUST SUBMIT YOUR CLAIM BY THIS DATE!): 5/4/2009 for Categories I – III (Cash Claims), 1/1/11 for Category IV (No cash claim)

Class Action Lawsuit Settlement Amount(s): $14,000,000 + $3,500,000 in non cash benefits – $5,775,000 in attorney fees (33% of the total value of the settlement) – $12,000 to the Lead Plaintiffs ($3,000 each to the four Lead Plaintiffs) – Administrative Expenses.

TCA Staff Tidbit: Wow! This is a big one! If you had Nextel, Sprint, Nextel Partners or Sprint Nextel service from 7/1/99 – 12/31/08 you can likely make a claim in this settlement. Make sure you follow the directions we list to get $90 back if you were charged an ETF. The best part is that existing customers who DIDN’T cancel service because of the threat of the ETF can even get a cash reward of $35! That’s FANTASTIC! All you have do to is follow the instructions above and you’ll get a check eventually; remember these take six months to a year or more to process. We’re also quite happy that they made it EASY on claimants by figuring out what category you’re in and allowing you to submit your claim online. No need to kill trees to get your settlement check, just fill out the form and submit it. So Top Class Actions viewers, go forth and submit your claim! Don’t miss out on it!