Sarah Mirando  |  February 4, 2011

Category: Legal News

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Sprint Not-So “Unlimited” Text Messaging Class Action

By Mike Holter

 

Sprint Nextel
UPDATE: Good news for those of you who have been following this class action lawsuit: Sprint Nextel agreed to pay $19 million in free service, fee waivers, credit adjustments, gift cards and cash. Read more about the Sprint Everything Messaging Plan Class Action Settlement, reached in June 2012.
 
Sprint Nextel has been hit with a class action lawsuit for allegedly double billing customers for sending cell phone pictures, even though they’ve purchased “Everything Messaging” plans that supposedly provide unlimited picture, text and video messaging.
 
The Sprint picture messaging class action lawsuit alleges that Sprint customers are unaware, and Sprint does not disclose, that its “Everything Messaging” plan does not actually mean “everything” or “unlimited” picture mail as promised, but that it has limitations that can incur extra charges.
 
Sprint allegedly tacks on these charges by claiming customers are using data services to send picture mail, even though the Everything Messaging plan makes no exceptions for data usage and Sprint cannot determine if data usage was the exact reason they applied the charges.
 
“Sprint is aware of the widespread problems with its Everything Messaging plan through its customer complaints/service information…[including] customer complaints on Sprint’s own website…that date back more than two years,” says the Sprint unlimited messaging class action.
 
When The Consumerist posted an article entitled “Sprint’s ‘Unlimited’ Messaging Package Charges You Per Message” in January 2009, the posting quoted an unnamed Sprint representative as saying that Sprint’s promise of unlimited picture and video messaging “means that the customer has the capability to send picture messages, but that the customer cannot actually send them without an additional charge,” the class action lawsuit quoted.
 
A response to this posting by another Sprint representative stated: “Sprint’s ‘Everything Messaging’ plans include unlimited text, picture and video messaging at no additional charge. With these plans, there are no charges for data usage associated with using picture or video messaging.” [Emphasis added in lawsuit documents.]
 
Sounds like even Sprint doesn’t know how or why they’re applying picture mail charges.
 
That’s what the class action lawsuit is hoping to find out. The lawsuit is seeking class certification of all persons who reside in Minnesota who, during the last six years, purchased the “Everything Messaging” plan from Sprint and were charged additional fees, beyond the agreed-to monthly charge, for sending pictures using their phone. It is seeking individual damages and penalties for class members for breach of contract, violations of the Federal Communications Act and various state consumer fraud laws, and more.
 
A copy of the Sprint “Everything Messaging” Class Action Lawsuit can be read here. 
 

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Updated June 27th, 2012

 

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2 thoughts onSprint Not-So “Unlimited” Text Messaging Class Action

  1. CANDACE MCCLAIN says:

    INCLUDE ME PLEASE

  2. Anonymous says:

    Sprint Not-So
    I’m so glad I found you! I definitely will participate in this action. I signed a contract with Sprint. I’m living up to my end of it. They’re not. I’m not just going to pay more for the data plan. I simply want the services that I contracted to get.

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