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story category Consumer Group Sues Sprint
For un-refunded data card billing mistakes
(old news - 03:29PM Thursday Nov 29 2007)
tags: legal · prices · business · wireless · consumers
Tipped by en102 See Profile
The San Diego-based Utility Consumers’ Action network (UCAN), a California consumer group, has filed a lawsuit against Sprint, according to RCR Wireless News. The group accuses the nation's third largest wireless carrier of improperly billing -- claiming that Sprint has been charging data card customers fees and taxes that should only be applied to phone bills. In other cases, data card users were billed erroneously for text messaging.
The San Diego-based Utility Consumers’ Action network claims Sprint Nextel was charging taxes and fees erroneously to mobile data card customers, treating them as voice phone customers because a phone number is assigned to each card. In addition, according to UCAN, Sprint Nextel was allowing text messages to be charged to data broadband cards, though the customers could not receive or send text messages with the card.
According to a local San Diego NBC affiliate, Sprint seems to acknowledge the error when customers discover it, but hasn't refunded impacted users. As with many recent Sprint gripes, the mistake appears to be a result of Sprint's merger with Nextel, and the subsequent effort to merge their billing systems.

Related:
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  3. Verizon's New, Ridiculous Wireless Data Prices
  4. AT&T Offers You An 'A-List'
  5. Verizon's New Wireless Pricing Is An Insult
  6. Cricket Unveils New Voice, Data Plans
  7. AT&T Raising Landline Prices. Again.
  8. Verizon To Double Smartphone ETFs?
Forums » Consumer Group Sues Sprint
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PolarBear
The bear formerly known as aaron8301
Premium
join:2005-01-03
·CableOne

Reminds me of Motoko

This reminds me of this consumerist article about a T-Mobile customer.

"Yes, we recognize that there is no possible way in hell that you could have incurred those charges, but what do you want us to do about it?"

Well I'm glad they are getting sued over it. If I was Motoko, I would have sued T-Mobile after waiting so long for an acceptable resolution. Getting billed for a number that isn't on your account carries the same demerit as getting billed for text messages that you supposedly sent and received when... YOU DON'T EVEN HAVE A FRICKIN CELL PHONE!
--
There comes a point in your life when you get tired of fixing everything and wiping everyone's ass. But it’s not giving up. It’s realizing that you don’t need certain people and the bullshit and drama they bring to your life.

cell justice

@pacbell.net

Re: Reminds me of Motoko

don't forget to check out the full complaint.

»ucan.org/telecommunications/wire···on_data_
ajlaskowski

join:2004-07-15
Mission, KS

Sprint sucks

I have been a Nextel user for years and ever since sprint took over I have been charged numerous times for text messages when I don't even have the capabilities to send them. When I get charged they can never tell me when or who they were sent to, to back up there lie.

sprint is screwing over every Nextel customer ever since the merger(hostile takeover)

PolarBear
The bear formerly known as aaron8301
Premium
join:2005-01-03

Re: Sprint sucks

Tell them how you feel with your wallet, aj. Want data? Switch to Verizon. Want cheap minutes? T-mo. (I know that sounds like a contradiction, but hey, if Sprint is screwing you, screw them.)

huntml

join:2002-01-23
Mullica Hill, NJ
·Comcast


1 edit

Re: Sprint sucks

Switching to VZ for data to punish Sprint is a case of cutting off one's nose to spite his face if ever I've seen one.

Pay considerably more, and kiss that streaming internet/sat radio or slingbox goodbye.

And if you need data and have T-mo, I guess you just have to like coffee, or something.

PolarBear
The bear formerly known as aaron8301
Premium
join:2005-01-03
·CableOne

Re: Sprint sucks

said by huntml See Profile :

And if you need data and have T-mo, I guess you just have to like coffee, or something.
LOL... that's why I DIDN'T suggest T-mo for data; E-D-G-E is S-L-O-W!

johndoe303

join:2003-01-01
Boca Raton, FL
SERO.

GeekJedi
RF is Good For You
Premium
join:2001-06-21
Mukwonago, WI
clubs:

Re: Sprint sucks

NO.

johndoe303

join:2003-01-01
Boca Raton, FL


1 edit

Re: Sprint sucks

said by GeekJedi See Profile :

NO.
lol ok.. say no to the greatest plans in cellular. For example, 49.99 1250 anytime minutes, N&W from 7pm, unl txt, unl data, unl pic & vid mail. exactly.
severach

join:2002-09-12
Jackson, MI

Re: Sprint sucks

Sprint's SERO is about that good for less money. Unfortunately both Sprint and Verizon come with free "Ben-Dovers" any time you change the plan. I'll pass on the perpetual contracts.

johndoe303

join:2003-01-01
Boca Raton, FL

Re: Sprint sucks

said by severach See Profile :

Sprint's SERO is about that good for less money. Unfortunately both Sprint and Verizon come with free "Ben-Dovers" any time you change the plan. I'll pass on the perpetual contracts.
You may want to check your facts policy has changed.

tc1uscgret

@wideopenwest.com

said by ajlaskowski See Profile :

I have been a Nextel user for years and ever since sprint took over I have been charged numerous times for text messages when I don't even have the capabilities to send them. When I get charged they can never tell me when or who they were sent to, to back up there lie.

sprint is screwing over every Nextel customer ever since the merger(hostile takeover)
Ok.. simple and easy solution. If your paying for a plan that sux.. pay the ETF which in the long run, will be cheaper and go boo hoo somewhere else. Here's a news flash. They ALL suck. VZW rips you off by charging you more for less. Sprint, only their customer service sucks (but I've had good luck with them and the 15 or so people I know (family and friends) who has Sprint don't have a problem so maybe it's just your attitude and the way you "play the game" when you call'em up. But really.. If you have a car that is a gas hog and is always breaking down, go trade it in. It may cost you more but hey, if you REALLY think you (or the rest of you cry babies) can do better. PLEASE. Just pay the 200 bucks and go away.
agill81

join:2007-02-26
Aliso Viejo, CA
Sprint sucks?...Nextel has major issues with their network. Dropped calls and crappy direct connect calls. My work we have issues with the Nextel service all the time....

huntml

join:2002-01-23
Mullica Hill, NJ
·Comcast


4 edits

I am not surprised.

I belong to a couple wireless forums, and I'd say that 50% of Sprint-related posts are related to billing/plan setup errors (with 20% being people bragging about their plans, and 30% being everything else). The company has totally fux0red the business systems integration post-merger, and still hasn't come very close to fixing it. Too bad, because Sprint's well-deserved reputation for this sort of thing is its primary failing as a company which has led to its poor fortunes relative to the other carriers in the past couple years. In terms of coverage they are as good as anyone, and their pricing is the best by a significant margin when data is taken into account.

Plan 1: 700 A/T minutes, 3 lines, unlimited SMS (3 lines), unlimited data (2 lines), equipment insurance (one line), ~$100 with taxes and fees (*very* mediocre legacy Sprint plan, relative to many I've seen)

Plan 2: 500 A/T, N/W 7pm, unlimited SMS and data, ~$35 with taxes and fees (standard SERO plan)

Oh, and I also carry a Nextel for work.

en102
Canadian, eh?

join:2001-01-26
Valencia, CA
·RoadRunner Cable
·DSL EXTREME


2 edits

Re: I am not surprised.

Plan1: AT&T - 2 lines @ 750 A/T + rollover for $49.99
Plan2: Nextel iDEN Blackberry, unlimited everything, payed for by corp.

I've had VZW with billing errors, and they never fixed them until I threatened a BBB complaint. I'll never use VZW again.

I've had a few issues with AT&T Wireless/Cingular/AT&T Mobility, but C.S. has always resolved them, and even gone as far as giving extra credit (2500 bonus rollover minutes, replacement phones for defects, free roaming/ld in Canada after they didn't add on my N.A. package)

Nextel is a mix... it works, but there's a lot of breaking up of calls (people complain I'm breaking up), and signal is very good (-65dBm to -75dBm indoors). I typically use ~240-300 minutes/day of calls, 5 days/week during the day.
--
Canada = Hollywood North

huntml

join:2002-01-23
Mullica Hill, NJ
·Comcast


1 edit

Re: I am not surprised.

That's a pretty good plan. You must be a holdover from the pre-pre-merger days.

I have no idea what my Nextel costs. It has 400 A/T mins, text messaging (I hesitate to call it SMS because it's, like, this weird hybrid semi web-based thing) and web I never use, and PTT, which I use a lot, of course.

What sort of data speeds do you get on that iDEN BB? A few people around here here have 'em, I've so far dodged getting one, but am curious.

en102
Canadian, eh?

join:2001-01-26
Valencia, CA
·RoadRunner Cable
·DSL EXTREME

Re: I am not surprised.

Thats a current plan (1 year old), bonus 200 minutes for migrating from AT&T Wireless, and discount from work on sevice/equipment (I also get discounts on Sprint/Nextel gear).
I've stuck with AT&T since the AT&T Wireless days, as they've worked well for me with CHEAP Canada packages ($9.99/month add on/pro rated) which uses monthly minutes, no roaming/ld fees, and decent CS. If I had issues with them I would drop them w/o hesitation, as I did to VZW. I have no loyalty to them or any other.
AT&T 3G tethered on bluetooth 600kbps on Samsung zx-20
AT&T 3G tethered on USB 900kpbs-1Mbps on Samsung zx-20
Nextel WAP on iDEN (no WiDEN on BB ) 4KB/second ~32 kbps
Good enough for light browsing and messaging.
--
Canada = Hollywood North

huntml

join:2002-01-23
Mullica Hill, NJ

Re: I am not surprised.

Good deal. Do you get a discount on your data plan w/ ATTM too?

I have no allegiance/fanboyism about my carrier either. I'd love to try ATTM - better phones - but every time I price them out it looks like it'd cost me significantly more.

en102
Canadian, eh?

join:2001-01-26
Valencia, CA
·RoadRunner Cable
·DSL EXTREME


1 edit

Re: I am not surprised.

Its a general 15% service discount, so, yes I do.
I don't use data on my personal phone though, with the exception of a 1/2 month to try it out.

I will probably tether again when I go up north on vacation, as there's no Internet for ~30 miles of where I'll be staying, and Nextel doesn't have a site for +100 miles of it.
--
Canada = Hollywood North

huntml

join:2002-01-23
Mullica Hill, NJ
·Comcast


1 edit

Re: I am not surprised.

Sprint has data roaming agreemts w/ one or more Canadian carriers? Which one? 1X or EVDO?

I seldom use my Q to tether - had to once when I was at a seminar and couldn't get a useable WiFi signal. Mostly I just like to have the capacity to surf, stream, and just generally entertain myself no matter where I am. I'd say that the $15/mo I spend for EVDO is a much better deal than my cable bill or Blockbuster subscription.

But this has gone way O/T. Point I was making, I guess, was that Sprint is a good deal so long as you don't have CS issues, then they suck. Seems like all the American major wireless carriers suck, just in different ways.

BTW this was posted from my Q.

en102
Canadian, eh?

join:2001-01-26
Valencia, CA
·RoadRunner Cable
·DSL EXTREME

Re: I am not surprised.

I think Sprint has data roaming with Bell/Telus on EVDO, if I'm not mistaken.
I've posted from my Nextel Blackberry 7100i before (typically on HoFo though)
Since I use my DSL for work, I need a _really_ reliable connection (3G/AT&T tethered worked ok for SSH/remote desktop, but was a little pricy - good for backup).
I'll be actually connecting to AT&T from Canada - Rogers is weak where I will be travelling to (Northern Ontario), but there's a Dobson (now AT&T) site clear across the lake that I used a year ago from De Tour Village/Drummon Island, MI. I don't expect 3G, but basic tethering on GPRS/EDGE will get me what I need.

Nextel is pretty much non-existant in most of Canada unless you're along the 401 corridor, or in Alberta.
--
Canada = Hollywood North

JTRockville
Data Ho
Premium,MVM
join:2002-01-28
Rockville, MD
clubs:
·LINGO
·Sprint Mobile Broa..
·surpasshosting
·Verizon FIOS

They didn't acknowledge it when I called >:(

1st time I called, they told me to call the FCC. I explained that the FCC didn't put the charges on my bill, so they transfered me to oblivion.

2nd time I called, they hung up on me.

I've been meaning to go to the local Sprint store, but it slipped down on my priority list. Maybe I'll go tonight.

huntml

join:2002-01-23
Mullica Hill, NJ
·Comcast

Re: They didn't acknowledge it when I called >:(

Go to the sprint website, log in, and send a complaint via eCare. I've found that eCare is a *much* better way to deal with Sprint CC than via *2 for anything administrative/billing-related.

Or, if you prefer, go to sprintusers.com and search around the find the Executive Services number. That group is specifically charged with fixing problems like this, and has been reported as being very helpful.

JTRockville
Data Ho
Premium,MVM
join:2002-01-28
Rockville, MD
clubs:
·LINGO
·Sprint Mobile Broa..
·surpasshosting
·Verizon FIOS

Re: They didn't acknowledge it when I called >:(

Thanks for the tip.

I'm going to try the store tonight. I've had very good luck there. I've only been there twice - once when I signed up, and then once when I screwed up paying the bill and had to get it resolved (my bad, not Sprint's). The manager is great, and he even remembered me on my 2nd visit! How often does that happen? I was impressed.

But if that doesn't work, I'll try eCare next, then Executive Services.

tc1uscg1

@wideopenwest.com


from:
JTRockville See Profile

said by JTRockville See Profile :

1st time I called, they told me to call the FCC. I explained that the FCC didn't put the charges on my bill, so they transfered me to oblivion.

2nd time I called, they hung up on me.

I've been meaning to go to the local Sprint store, but it slipped down on my priority list. Maybe I'll go tonight.
Here's a hint. Do file a complaint with the FCC. Telco's hate this. I've done it and it works. It might take a moment of your time to fill out a form but they (the fcc) love to go after billing errors. Telco's get fined for billing errors. If you REALLY feel you have a problem and Sprint will not/or cannot resolve it, got to the FCC. Going to the store may only piss you off more. It does me.

JTRockville
Data Ho
Premium,MVM
join:2002-01-28
Rockville, MD
clubs:
·LINGO
·Sprint Mobile Broa..
·surpasshosting
·Verizon FIOS

Re: They didn't acknowledge it when I called >:(

Usually I get great service at the store. At least I did until last night. The manager wasn't there. The employees seemed irritated that a customer approached one of them. They told me they don't resolve billing issues (even though the manager resolved an issue for me last time I went in).

So I followed huntml See Profile's advice and sent a note to ecare. I'll probably take your advice as well and file a complaint with the FCC, though I may give Sprint a day or two and see if they resolve it.

ninjatutle
Premium

join:2006-01-02
San Ramon, CA
·Sprint Mobile Broa..

9-1-1 fee

I have 9-1-1 fees when I can't even dial it from my PC Card.

Maybe I can email 9-1-1 when I need some assistance.


(925) xxx-xxxx
Connection Card - Unlimited Megabytes Included
--------------
$59.99

Additional Sprint Charges $0.56

Hide Details And Explanation of Charges
Charges assessed on Sprint that we elect to pass on to customers and are intended to recover the administrative and other costs of complying with certain government programs and mandates. Charges that appear in this section, also called "Sprint Fees", are not taxes or government-imposed fees. For more information on Additional Sprint Charges, visit www.sprint.com or contact Sprint Customer Service.

Federal-Fed. 911 Fee $0.40
Federal-Fed. Local Number Portability $0.15
Federal-Univ Serv Assess Non-LD $0.01
--------------
$0.56

Government Fees & Taxes $0.01
Hide Details And Explanation of Charges
Taxes and fees Sprint is required to collect from customers on behalf of the government.
California State-CA High Cost Part B $0.01
--------------
$0.01

GoodDog

join:2000-07-03
Goshen, NY

Sue em!

Happen on my corp account. They could not explain or show me how to send a text message from a data card but insisted the datacard user subscribed via a text message.
CMoore2004
Premium
join:2003-02-06
Jonesville, MI


1 edit

Illiterate

I realize these fees may not be legitimate, but you sign the same contract as a phone user--the same contract that states they'll add fees. If you don't like the fees, you have 30 days to tell them to shove it. As far as being charged for text messaging, I've never had a Sprint representative give me a hard time about a bill adjustment. The other option would be to dial *2, say dropped call, and get refunded the price of 2.5 text messages for the 1 that might have shown up on the bill. I don't remember getting an e-mail or snail-mail from any company asking me if I've been erroneously charged on my data card.
If you'd like to see my latest bill, click here.
--
Charter 5M | Windows XP MCE SP2 | Mobile AMD Athlon 64 4000+ | 1.5GB RAM | ATI Mobile Radeon X600 128MB | 120GB HDD

not bending over

@pacbell.net

Illiterate? r u "keeding"?

So companies should be able to claim taxes are imposed from the government when they are not? And we shouldn't complaint when they misrepresent charges and violate, that's right, violate state and federal case law, statute, regulatory law, not to mention violating the contractual agreement.

And it's just fine to have to call and spend 30 minutes on the phone with Sprint CSRs everytime Sprint chooses at will to rip .15c from your pocket? Thank you SO much Sprint Customer Service and Sprint Execs for giving me back .15c you shouldn't have taken in the first place, and not systematically fixing the problem so I have to call back in a few weeks.

Take a lot from a few and you're a criminal, take a little from the many and you're a utility.
CMoore2004
Premium
join:2003-02-06
Jonesville, MI

Re: Illiterate? r u "keeding"?

Um, I see taxes and I see fees. The data cards use the same network as the phones, so why shouldn't they be subject to the e911 fee?

I've had text messages that were sent once come across many times. A simple e-mail to e-care and the charges were gone. Do you expect a system with millions of users to not make any mistakes?
--
Charter 5M | Windows XP MCE SP2 | Mobile AMD Athlon 64 4000+ | 1.5GB RAM | ATI Mobile Radeon X600 128MB | 120GB HDD

ridiculous

@pacbell.net

Re: Illiterate? r u "keeding"?

glad you finally admit the charges were "mistakes" Cmoore... enough said, they shouldn't have charged them... with 1 million customers, that's possibly millions of CSR complaints and hundreds of thousands of minutes of lost time in a year to correct.. whether its .10c or $10 million Sprint bears the burden of fixing THEIR mistake

Jon
Premium
join:2001-01-20
Lisle, IL

Sprint sucks

And so does Nextel. If anyone could have made it worse, they could have.

jgkolt
Premium
join:2004-02-21
Lakewood, OH
clubs:

nothing new, normal business with Sprint

It has been known that Sprint screws the customer over once they are locked into a contract. They have been charging people for lines that dont work, stuff they didn't use, and they have little financial incentive. If they mess up billing they usually tell the customer tuff and pocket the change. this may not be much but imagine officespace where a shaved off penny accounted to how much. I know it is a movie but it is an example we can relate to.

I have aquestion though. TMOBILE charged me tax on an rma phone shipping. Why would i be charged tax on shipping for a return? claling htem soon
--
3 free for you/3 free for me: Free Stock Trades : PM Me
CMoore2004
Premium
join:2003-02-06
Jonesville, MI

Re: nothing new, normal business with Sprint

Because they ALL nickel and dime you to death. And for what it's worth, any time I've had a billing issue with Sprint, it got fixed.
--
Charter 5M | Windows XP MCE SP2 | Mobile AMD Athlon 64 4000+ | 1.5GB RAM | ATI Mobile Radeon X600 128MB | 120GB HDD

tc1uscg1

@wideopenwest.com

Re: nothing new, normal business with Sprint

said by CMoore2004 See Profile :

Because they ALL nickel and dime you to death. And for what it's worth, any time I've had a billing issue with Sprint, it got fixed.
And they are not the only ones who fat finger your accounts. Today, went to Kmart to get some meds. PT comes over and says "for some reason, your flagged as not having insurance anymore". Say what? Retired military. I have TRICARE. It never expires unless I die. I had to "confirm" with "express scripts" i didn't have "other" insurance and that I was still "retired". The PT laughed because the rest of my family is still listed as "approved". So.. the moral of the story is this.. You can be plowing along just fine for years then one day.. BAM.. you end up spending hours, days and weeks trying to "fix" someones screwup. Some are worse then others. People just need to take a step back and not enter into the bitch fest with the CSR. No, I'm not a CSR, my wife is for Toys-r-us and some of the BS she has to listen too.. unless you people ever been there, remember, your not the only person they have spoke with that day and you will get a lot more done if you chill out, explain the problem (even if you have to do it 3 or 4 times because I've been there, done that (cable, phone (wireline and VoIP. and yes, cell too), and you get much more done if you just do it in a non-threatening manner. I went to the FCC once on Sprint for a billing issue because they tagged my account and shut both phones off. Took me 4 hrs and 2 supervisors to get it fixed, but it got fixed and I even got a new phone out of it. So.. word to the wise. Calling up expecting a fight is going to get you just that. A fight. No solution but just more stress.. Have a happy holiday all.

tc1uscg1

@wideopenwest.com

Re: nothing new, normal business with Sprint

oh.. and one more thing. Sprint pays a company to write the billing software. It's not perfect and I've always bitched about slow credits but fast charges. I just recently had to call and remind them that I had sent a phone back in that I didn't want (within the 30 days). I seen the warehouse in Louisville got the phone on X day, takes them 5 days to "log it in" and no credit issued yet. So, the lady took off the charges and even took off the charges for 1 ring tone and 1 call tone for the month. And I didn't even have to threaten to drive down there and kick her ass to get it fixed.

Koil
Premium
join:2002-09-10
West Columbia, SC
clubs:
·RoadRunner Cable

You're exactly right....imagine if they just "accidentally" bill all of their customers by 1 dollar through out the year.

This article, from August, says that they have 54 million customers.

»www.engadgetmobile.com/2007/08/1···revenue/

That is 54 million dollars in free money. 54 million.

Think about that.

BillRoland
Premium
join:2001-01-21
Ocala, FL
clubs:
·Cox HSI

Blaming it on Nextel doesn't hold water

Oh come on, this is getting old. Every bad thing Sprint gets into hot water for, its blamed on Nextel. I've had a data card from them for over a year and a half now, and the bill came from and still comes from their old P2K billing system, not Ensemble (the Nextel system). This is a CDMA product that has been on their CDMA billing platform, and has nothing to do with anything other than them trying to screw people over.
--
"Don't steal. The government hates competition."

Fred Thompson For President 2008 »www.fred08.com

Eric T

@cox.net

lead plaintiff

I'm the lead plaintiff on the case (referenced in the NBC 7/39 story - video is available as well) --

I complained about these fees in a different forum awhile back and several others said they were charged these fees as well.

To clear up some misconceptions:

1. It is not legal to collect government MANDATED cell phone fees for wireless data cards. If the FCC doesn't require it, you cannot collect it.

2. Fees that Sprint (or Verizon or T-Mobile, etc) want to charge their customers to reimburse the company for certain expenses must be disclosed AT THE TIME OF THE CONTRACT.

3. Fees that were collected in error must be returned to the customer - not doing so is "unlawful enrichment."

4. Some argue that because it only takes 20 minutes on hold and several minutes to explain to a customer service rep that text message charges on my bill are in error because I have a data card means I should cut Sprint a break each time they do that must not consider their time valuable. Additionally, this is again, "unlawful enrichment" as they are charging me for a service I did not receive.

5. Sprint specifically said they cannot block my data card from text messaging (which would prevent future charges), so they can continue to charge me for this service I did not receive ad infinitum. And if I wanted to break my contract, they'd charge me a termination fee.

Does all this sound fair? Should more than 1 million data card subscribers be subject to this treatment?

I think not.

UCAN

@pacbell.net

See the full complaint

Hi this is Art Neill, the attorney from UCAN. You can see the complaint in its entirety at

»ucan.org/telecommunications/wire···on_data_

It is correct that the suit is about Sprint illegally charging taxes, fees, and text message charges.

Sparkerson

@cox.net

sprint sucks I hope they go bankrupt

i have been screwed by sprint every month ever since i got sprint. Getting charged up to $60 a month for sending up to 100 messages when i have a plan for 400 a month. They suck. Now i have at&t and love it.
Forums » Consumer Group Sues Sprint


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