Search:  

 
 
   News
newer
story category Sprint Settles ETF Class Action For $17.5 Million
$14 million to be divided between customers and lawyers...
12:33PM Wednesday Aug 12 2009 by Karl Bode
tags: legal · business · wireless · consumers
Tipped by backness See Profile
Several readers have written in to note they're receiving notices (see screenshot) that Sprint has settled a class action suit against the wireless carrier for its early termination fee (ETF) practices. In an attempt to prevent new ETF-limiting laws, Sprint revamped their ETF practices last fall and shifted to what's become the industry standard of pro-rating your ETF -- or reducing the ETF every month -- while under contract. Sprint will be putting $14 million to be distributed between members of the class action suit after the lawyers get their share. To qualify, you have to be a Sprint CDMA and/or Nextel iDEN customer who signed a long-term contract between between July 1, 1999, and December 31, 2008. More detail is available at the settlement website.

Related:
  1. Tracking People Via Cell Phone
  2. Friday Evening Links
  3. Sprint Starts Pro-Rating ETFs On November 2
  4. Sprint Settles ETF Lawsuit For $17.5 Million
  5. Verizon's Open Development Initiative? So Far It's A Joke
  6. AT&T Slingbox 3G Fine Print Returns...
  7. New Docs Show FCC Glossed Over BPL Flaws
  8. AT&T Still Can't Force Arbitration Via Fine Print
Forums » Sprint Settles ETF Class Action For $17.5 Million
view: topics flat text 
Post a:

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD
·Comcast

Ban This Crap

This is just another reason why most class action suits need to be banned. The "victims" here (I don't consider someone who pays an ETF to be a victim) won't get anything aside from coupons for discounts on future Sprint services and the lawyers will make out like bandits.

Sprint of course recoups the costs of the suit by either raising rates, cutting back on services, or (hopefully) jacking up the price of anything bought with settlement-related coupons.
--
Blagojevich / Madoff 2012!

Hpower
Roflmao

join:2000-06-08
Glendale, CA
·Charter Pipeline

Re: Ban This Crap

Yup. Here is your $20 coupon sir, for uh, a cellphone holder. Those people with ETF's need to READ THE FRIGGING contract. Do NOT cancel before contract is over. Or else you get pwned. They just don't get it.

Doubt Sprint will get affected by this much anyway. Probably will take them years to get this $14 million deal settled with anyway with 4349393439 coupons rofl.
--
The Internet is about to go down....it is actually.
JonHB

join:2007-09-18
Huntington Beach, CA

Re: Ban This Crap

said by Hpower See Profile :

Yup. Here is your $20 coupon sir, for uh, a cellphone holder. Those people with ETF's need to READ THE FRIGGING contract. Do NOT cancel before contract is over. Or else you get pwned. They just don't get it.

Doubt Sprint will get affected by this much anyway. Probably will take them years to get this $14 million deal settled with anyway with 4349393439 coupons rofl.
There's more to this than just reading the contract. There are deceptive practices and flat out lies.

Last year I contacted Sprint to add a 5th line to my family plan. I specifically asked them if I used an existing phone that I had and made no changes to my plan, would that phone be under a 2 year agreement. I was told no that it would not be. I went ahead and added the line for a $10/mo fee and it used minutes from the existing pool of the family plan. Now I no longer need that extra line, but they are telling me that it is a $200 fee to cancel it. I never received any discounted phone or other consideration from Sprint. It's cheaper for me to just continue paying the $10/mo for the next 10 months than to cancel it now. Because of the ETF, that single phone prevents me from porting my other 4 phones (no longer under contract) to another carrier unless I want to absorb the full $200.
Michael C

join:2009-06-26
Cedar Park, TX

Re: Ban This Crap

Same thing happened to me when I was a Sprint customer. They called me up telling me I could add an additional line, get a free phone, and get on a cheaper plan with NO CHANGES to my existing contract. What I failed to realize at the time was that the new phone had it's own contract. When I no longer needed the new phone (parents got their own plan), I was told I had to keep paying for it for another year or face the ETF. Good thing for me they changed up their fees, and I was able to get out of the contract under a materially adverse change. But the damage had been done. I cancelled all my service for both phones and left Sprint forever....way to retain customers!
GwenH

join:2009-05-12
New York, NY

I didn't have 5 phones, only one but I paid the ETF and in the end it was worth it. I bought a Straight Talk unlimited talk, text and 30mb of data for $45/month and save $35 on what I was paying to Sprint. which means that within 6 months I've made my money back and still saving. It's amazing that Straight Talk is not only cheaper but it has better signal too because they operate on Verizon's network which is nationwide.

Matt
Take me down to the paradise city
Premium
join:2003-07-20
Jamestown, NC
·North State Commun..

said by pnh102 See Profile :

This is just another reason why most class action suits need to be banned. The "victims" here (I don't consider someone who pays an ETF to be a victim) won't get anything aside from coupons for discounts on future Sprint services and the lawyers will make out like bandits.

Sprint of course recoups the costs of the suit by either raising rates, cutting back on services, or (hopefully) jacking up the price of anything bought with settlement-related coupons.
It's actually a $90 check and I've signed up for mine.

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD
·Comcast

Re: Ban This Crap

said by Matt See Profile :

It's actually a $90 check and I've signed up for mine.
According to the settlement itself it seems that all "cash" rewards are either service credits or credits to activate new service with Sprint/Nextel (pages 15 through 20).
--
Blagojevich / Madoff 2012!

NYR 56

join:2000-12-05
Smithtown, NY
clubs:

Re: Ban This Crap

You can chose a $35 check if you didn't actually cancel or a $90 check if you did. There are also other options such as credits or bonus minutes.
hottboiinnc
ME

join:2003-10-15
Cleveland, OH

Re: Ban This Crap

Hmmmm... i had 3 accounts with them...does that mean get 3x as much?

Matt
Take me down to the paradise city
Premium
join:2003-07-20
Jamestown, NC
·North State Commun..

Re: Ban This Crap

said by hottboiinnc See Profile :

Hmmmm... i had 3 accounts with them...does that mean get 3x as much?
Actually, yes, if you paid 3 ETF fees.

Matt
Take me down to the paradise city
Premium
join:2003-07-20
Jamestown, NC
·North State Commun..

said by pnh102 See Profile :

said by Matt See Profile :

It's actually a $90 check and I've signed up for mine.
According to the settlement itself it seems that all "cash" rewards are either service credits or credits to activate new service with Sprint/Nextel (pages 15 through 20).
They give you an option to receive a check, or activate new service at no charge and get (in my case) 100 bonus minutes a month for 2 years.

grydlok

join:2004-01-06
Richmond, VA

Re: Ban This Crap

That's what I took. The 100 extra minutes a month.
Skippy25

join:2000-09-13
Hazelwood, MO

I would disagree with them being banned as they do serve a purpose and generally make a positive change.

I would however like to see a change on what lawyers can earn from them and see that ALL awards that are basically "fines" go to the government. Let the awards to the "injured" get theirs, then let the lawyers get theirs based on billable time from what is left over, and the rest goes to a general fund.

swintec
Premium
join:2003-12-19
Alfred, ME
·RapidVPS
·surpasshosting
·Sprint Mobile Broa..
·VoicePulse
·RoadRunner Cable

Signed Up

Signed up for this yesterday when I got my notice in my bill. I was given the option of receiving 30 bonus minutes each month for a year OR a $35 check. I took the check since that means it is basically a free month of service for me....Although now that I think about it, I probably have better luck seeing the bonus 30 minutes.
--
Block Accounts | UseNet Now

v35_pilot
Whoops, there goes another AMU
Premium
join:2005-12-12
Fayetteville, NY

How the damages are divided up

One for the all the customers, one thousand for the lawyers, one for all the customers, one thousand for the lawyers...

Man, I should have been a lawyer.

Goober
Premium
join:2000-12-17
Naperville, IL

Re: How the damages are divided up

Ya know, not every lawyer gets a class action payday.
MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
·AT&T U-Verse
·AT&T Southwest

Re: How the damages are divided up

said by Goober See Profile :

Ya know, not every lawyer gets a class action payday.
No, only the Democratic lawyers.

The Democrats' two biggest supporters are the teacher's union and the trial lawyers.

The trial lawyers are getting a $1.6 billion payback in the form of tax breaks:

»taxprof.typepad.com/taxprof_blog···ak-.html

Also, new Democrat Arlen Specter wants to change the law around civil fraud cases, superceding Supreme Court rulings to the contrary. He wants to let trial lawyers sue companies that only did legal business with the company accused of fraud, and had no knowledge of or participation in the fraudulent activity.

»blogs.wsj.com/washwire/2009/08/0···lawyers/

Matt
Take me down to the paradise city
Premium
join:2003-07-20
Jamestown, NC
·North State Commun..

Re: How the damages are divided up

said by MyDogHsFleas See Profile :

said by Goober See Profile :

Ya know, not every lawyer gets a class action payday.
No, only the Democratic lawyers.

The Democrats' two biggest supporters are the teacher's union and the trial lawyers.

The trial lawyers are getting a $1.6 billion payback in the form of tax breaks:

»taxprof.typepad.com/taxprof_blog···ak-.html

Also, new Democrat Arlen Specter wants to change the law around civil fraud cases, superceding Supreme Court rulings to the contrary. He wants to let trial lawyers sue companies that only did legal business with the company accused of fraud, and had no knowledge of or participation in the fraudulent activity.

»blogs.wsj.com/washwire/2009/08/0···lawyers/
I heard only the Democrats get ice cream for being good little partisan hacks too.

Steve
I'm a PC, so shut up
Consultant
join:2001-03-10
Yorba Linda, CA

said by Goober See Profile :

Ya know, not every lawyer gets a class action payday.
only the scumbag lawyers?

jmn1207
Premium
join:2000-07-19
Reston, VA

Re: How the damages are divided up

Scumbag lawyer? Is that like wet water?

jmn1207
Premium
join:2000-07-19
Reston, VA
·Verizon FIOS

I saw this email the other day, but anything they offer would just be a bonus for me.

I had an opportunity to add a second phone to my account with a really good discount on a BlackBerry Curve. I bought the new phone with a 2-year contract at a significant discount, swapped my existing phone number to the new phone, and then cancelled the new line after 30 days.

The difference for me was $129.99/month for 23 months keeping both phone numbers active ($2989.77), or dropping to the $99/month everything plan ($2277) and taking a $200 ETF after cancelling the new line. Even after taking the full ETF penalty, I would have saved myself over $500 while taking advantage of the "new phone" discount.

Sprint wanted me to pay over $500 for the new BlackBerry out of contract, but I found a way to get it much cheaper. I ended up paying $330 for the new phone. ($99 for the phone with the discounts, $200 ETF, and one month at $30 over my normal Everything plan)

ycool

join:2001-12-04
Miami, FL

got it

I signed up and it says i qualify for $90 check per phone#, I had two contracts with them so I'll be getting two $90 checks, excellent, not enough to cover what I paid them anyways, ending those contracts cost me $500.

tenpin784
I Went To The Dark Side?

join:2001-03-30
New Durham, NH

missed it

I missed the pro-rated ETFs by a couple of months. So when I went to cancel, I got slapped with 200 x 2...it was almost the same price for me to drop to the lowest plan and just finish the contract.

Stupid sprint.
--
Dream as if you'll live forever, live as if you'll die today.

Disclaimer: These are MY comments, my employer cant be held responsible.

imanogre

join:2005-11-29
Mcdonough, GA

Re: missed it

One of the reasons I love cell phone companies that DON'T charge a contract. Metro PCS anyone?

insomniac
Oh Yeah
Premium
join:2002-09-22
Naperville, IL
clubs:
The only good news is that you qualify for $35/line under Category III of the settlement class.
--
If everything seems to be going well, you've obviously overlooked something.

tenpin784
I Went To The Dark Side?

join:2001-03-30
New Durham, NH

Re: missed it

Damn...not the 90?

I havent read it yet.

acadiel
Keep trying - don't give up
Premium
join:2002-06-22
Bloomington, IL
·Comcast
·DSL EXTREME

I signed a 2 year agreement in June 2008, and ETF'd out the line ($200) in June 2009.

I followed the wizard on the site to submit a claim, and they gave me the option for a $90 check. I had the account number, phone number, and I have a copy of the bill in question with the $200 ETF on it.

Well, at least I'll get almost half of my ETF back for the crappy service I had.
neufuse

join:2006-12-06
Indiana, PA

number?

what if we can't remember or old sprint phone number? I can't even find my darn old bills for one of the phones ugh

insomniac
Oh Yeah
Premium
join:2002-09-22
Naperville, IL
clubs:

Re: number?

Then you get less money. If you paid an ETF but don't have proof, you can state (under penalty of perjury) that you did, and you get $25.
--
If everything seems to be going well, you've obviously overlooked something.

RARPSL

join:1999-12-08
Suffern, NY

Is it prorating or just reducing the EFT a few times?

The blurb says: In an attempt to prevent new ETF-limiting laws, Sprint revamped their ETF practices last fall and shifted to what's become the industry standard of pro-rating your ETF -- or reducing the ETF every month -- while under contract.

It is my impression that they are NOT prorating but just reducing the EFT in steps depending on how long the contract has to go. Thus you get no reduction, for example, until 18 months of a 2 year contract, and then another reduction after another 3 months (this is an example not their real terms).

The intent of the EFT is SUPPOSED to be to repay the Cell Company for the reduction in the price you pay for your phone as opposed to buying it at "Full Cost" (the cost of your monthly service being the same in either case).

REAL prorating takes the initial EFT and reduces it by the original amount divided by the contract term every month. Thus, to use an example, a $240 EFT on a 24 Month Contract gets reduced (ie: Paid Down) by $10 each month you keep the phone and thus canceling one month early costs you ONLY $10 not some significantly higher amount.

jmn1207
Premium
join:2000-07-19
Reston, VA
·Verizon FIOS

Re: Is it prorating or just reducing the EFT a few times?

It is very similar to receiving credit for the cost of the phone. I'd much rather take the retail price of the phone and split the total up by the length of your contract. So a $600 phone with a 2-year contract would drop $25 each month, and if you wanted to leave early, you would only have to pay for the remaining balance left on the phone. This would be a fair, and it wouldn't cost someone with a cheap LG Rumor with 2 months to go the same as it would for a person leaving after only 4 months holding a Samsung Instinct. The ETF would be relevant to the price of the phone.

RARPSL

join:1999-12-08
Suffern, NY

Re: Is it prorating or just reducing the EFT a few times?

said by jmn1207 See Profile :

It is very similar to receiving credit for the cost of the phone. I'd much rather take the retail price of the phone and split the total up by the length of your contract. So a $600 phone with a 2-year contract would drop $25 each month, and if you wanted to leave early, you would only have to pay for the remaining balance left on the phone. This would be a fair, and it wouldn't cost someone with a cheap LG Rumor with 2 months to go the same as it would for a person leaving after only 4 months holding a Samsung Instinct. The ETF would be relevant to the price of the phone.
Which is what I am saying about the difference between the way they reduce the EFT and the way the EFT would get reduced IF they truly used a Pro-Rating method to reduce it. My method only reduces the Full Cost of the phone by the cost to buy it at the subsidized price (which is what the EFT is supposed to be/recover) before setting the monthly reduction/pay-back in the EFT due.
JonHB

join:2007-09-18
Huntington Beach, CA

Why do contracts prior to Nov. 2008 still pay the full ETF?

I don't get this... why do customers that signed a 2 year agreement before Nov. 2008 still have to pay the full $200 ETF if they cancel? Wasn't the whole point of this lawsuit that it was illegal? If you signed your contract after Nov. 2008, you go by the prorated schedule found here: »nextelonline.nextel.com/en/servi···ee.shtml .

My contract date was Dec. 2007. So it seems that if I cancelled this month, I would still be charged a full $200 ETF. However, based on the class action settlement, I could file to receive $90 back. Am I understanding this correctly?
patcat88

join:2002-04-05
Jamaica, NY

law

And under what legal theory would ETFs be illegal? I wish to see the ruling in this case, or have these all been jury cases with jury nullification/populism?
Forums » Sprint Settles ETF Class Action For $17.5 Million


Tuesday, 24-Nov 05:22:47 Terms of Use | Privacy Policy | Hosting by www.nac.net - DSL,Hosting & Co-lo | feedback | contact
over 10 years online! © 1999-2009 dslreports.com.