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A federal class action lawsuit claims Sprint Nextel cheats customers with EVO and EPIC devices by tacking on a $10 monthly “Premium Data Add-On” fee after selling them a supposedly “unlimited data” plan.
The Sprint Nextel class action lawsuit accuses the wireless carrier of over-billing millions of customers who had already subscribed to an “unlimited” data plan at a fixed monthly price by charging those customers an additional $10 per month for the same unlimited data service they had already paid for, at a contractually agreed upon price that did not include these charges.
Sprint sells dozens of these supposedly unlimited data plans, all of which are supposed to include unlimited domestic web access; unlimited domestic text, picture mail and video mail messages; and all you can stream, browse, email, chat, watch and game on the Sprint network.
Ever since Sprint introduced the HTC EVO 4G and Samsung EPIC 4G last year, however, it began charging EVO and EPIC customers who were already contractually entitled to unlimited data service under an Unlimited Data Plan a “Premium Data Add-One” fee of $10 per month in order to get “unlimited” data, just for using an EVO or EPIC device.
According to the Sprint unlimited data plan class action, this Premium Data Add-On fee is not a charge for 4G service, in not a charge for premium data content (Sprint does not provide any “premium” content in exchange for this fee), and is not defined in Sprint’s terms and conditions.
Simply put: “’Premium Data Add-On’ is a made-up term that Sprint created to attempt to disguise the fact that it was simply charging an additional fee for data services for which customers had already paid, and which Sprint was already obligated to provide, under existing contracts for Unlimited Data Plans,” the class action lawsuit states.
The Sprint Premium Data Add-On class action lawsuit is brought on behalf of a nationwide class of all consumers who were subscribed to a Sprint Unlimited Data Plan and were charged an additional “Premium Data” fee. It also seeks to represent a subclass of all class members who accounts show a California area code and billing address.
The Sprint Surcharge Class Action Lawsuit is Eric Barkwell, et al. v. Sprint Communications Company, Case No. 4:09-cv-00056-CLD, in the U.S. District Court for the Middle District of Georgia, Columbus Division
UPDATE: A class action settlement in the case was preliminarily approved in October 2013. Class Members had until March 24, 2014 to file a claim to receive a number of benefits, including a $1 cash award or one of the following: a 30-minute long distance, domestic calling card; a 30-percent discount on any accessory purchased at a Sprint-owned retail store, limited to one accessory; or waiver of the $36 activation fee when activating a new line of service under Sprint’s then-existing Terms & Conditions of Services. More info: Sprint Surcharge Class Action Lawsuit Settlement
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24 thoughts onSprint Nextel Premium Data Fee Class Action Lawsuit
I was told the same thing that a smart phone needed the data service and that it would not work without it. THat is a lies, SPRINT cutoff my data just yesterday and it still is not on and my phone works just fine. Texts, Calls so SPRINT LiED to get extra illegal cost from Consumers, my phone also was blocked for several hours as well a couple of days ago with full bars. That is unreal and disappointing that they would do such at sprint… this activity is not allowed as to my contract.
IO want in a CLASS ACTION LAWSUIT like crazy… the abuse has gone way over and above with SPRINT.
Sprint told us the same lie they seem to be handing everyone else, about how 4g would be here soon (It has been more than two years and It isn’t here). They also said smartphones were required to party the fee, bit they couldn’t eexplain what we were getting for that fee or how what we were getting was “premium” as opposed to regular days. Not could they say how our Everything.Data plan didn’t already include this. I have contemplated going bback.to Verizon, even though the monthly is a little higher. At least they.didn’t blatantly rip me off. And, I had a more consistent.and stronger phone signal.
Any idea of the status regarding the Sprint Nextel Premium Data Fee Class Action Lawsuit?
Where can a copy be printed?
Thanks
There needs to be a lawsuit against Sprint misleading its customers about this crappy data connection. I can’t even stream music and videos (netflix, youtube, etc) without being connected to a WiFi hotspot. Sprint keeps blaming the indiviual phones and denies it’s their network. I have 2 iPhone 4s’s and an Evo 4G and they all have same issue with Sprints “Premium” data plan. Should be called Sprint Dial-Up connection. My plan began at $89.99/mo. after all their add-on fees over the years, i’m now paying $210/mo for 3 lines and it keeps increasing. I’m so pissed off and have spent countless hours on the phone and in-store. I WANT LEGAL ACTION! I will be contacting an attorney.
When I inquired 2-yrs ago, the Sprint Rep said it’s in case you go over the limit. I told her that I had an unlimited plan. She said there’s a 4G “CAP” and this fee is to cover those who go over the 4G “CAP” everyone has a 4G “CAP” on data. I asked her if I could just get a 3G phone to aovid the FEE, she said., all phones will be 4G so you have to pay the premium.
I never knew about this lawsuit. Sprint representatives could never explain the “Premium Data” fee to me. I was charged this fee on top of the $29.99 unlimited data plan for my Epic 4G. And now they are stating that the “unlimited” Data plan is now capped @ 5gigs of data and if I want more I need to change my plan. They no longer offer the unlimited data plan and if I switch, I cannot go back to the original plan. Also… I live in a 3G only area.
I have a Samsung galaxy s3 andI’m being charged for prrmium data. I was told when I purchased the phone that the fee was for lte service whuch I don’t have. I have sub par 3g and my area is not even listed on sprints list of cities to get lte. I would like to be party to this suit.
I actually have a confirmation of my purchase (generated by Sprint) saying “$0.00 premium add-on data fee / month” and Sprint will STILL not honor that promise. It’s in WRITING, folks – and they still won’t honor it. How do I learn more about this lawsuit?
we have three phones in my family and I have to have smart phones due to the nature of my business. I have been told time and time again that 4G is coming soon and that the $10/month/line fee is to expand their 4G service. Somehow I think that some fat cats are only getting fatter rather than deliver on their promise to their consumers. I bought the Evo 2 years ago with a promise that 4G would be coming soon! That was two years ago!!! I pay an extra $360/year for what again?
How do I find out more about this lawsuit??
I’m an Evo user on Sprint and have had the same issue with the $10 fees just like everyone else. I am in an area that will likely never have 4G service (rural) but each time I called to speak to sprint about it they claimed that it would be coming ‘soon’ and therefore I have been required to pay for it… Now I’ve been paying the additional charges for over a year and I have NEVER been able to use a 4G network, over 90% of the time I am within WiFi range and don’t even use the 3G data network! Let’s get together and make this right, lets make them pay us back!