Sprint Evo/Epic Premium Data Add-On Class Action

The Sprint class action lawsuit says the additional charge is added to plans bought for the Evo 4G or Epic 4G. Sprint requires all of its customers who purchase the Evo or Epic to pay a $10 per month charge for “Premium Data Add-On” in addition to their regular service plan with Sprint. No other Sprint customers are required to pay for a “Premium Data Add-On.”

“Sprint has indicated that the ‘Premium Data Add-On’ is not related to which network its customers are using (3G or 4G), but is solely based on Sprint’s expectation that customers with the Epic or Evo will consume more data than the rest of Sprint’s customers because of these devices’ capabilities,” the class action lawsuit states. “Sprint’s stated reason for requiring customers using these phones to pay for a ‘Premium Data Add-On’ is improper for Plaintiff and the class because they are already paying for, and entitled to, unlimited data usage on Sprint’s network per the terms of the Everything Data Plan.”

An additional charge for data usage is in breach of contract and constitutes intentional fraud, the class action adds.

“Sprint’s requirement that [all customers] who have an Epic or Evo and the Everything Data Plan pay a Premium Data Add-On demonstrates that Sprint did not intend and does not intend to provide unlimited data usage to is Everything Data Plan subscribers.”

The Sprint Everything Data Plan class action lawsuit is brought on behalf of all persons in the U.S. who have paid for unlimited data usage; are using an Evo or Epic or some other similar phone; and are being charged $10 per month, or some other fee, for the “Premium Data Add-On.” It is seeking compensatory damages in the amount of payments for the Premium Data Add-On, exemplary or punitive damages, and more.

A copy of the Sprint Evo/Epic Premium Data Add-On Class Action Lawsuit can be read here.

The case is Cameron Comstock, et al. v. Sprint Solutions, Inc., et al.