Premium Data "4g tax" lawsuit starting

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pissinguoff247

Senior Member
Mar 17, 2010
220
14
Fort Lauderdale
I've never been one to complain about our $10/mo "Premium Data" add on, but apparently there is a class action lawsuit starting regarding it. The below is the text of an email that was sent out regarding it (and the page at http://www.bursor.com/press/101203sprint4g.html)

If You Purchased a Sprint EVO 4G or EPIC 4G Cellphone, You May Be Interested in a Class Action Lawsuit
--------------------------------------------------------------------------------
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A class action lawsuit was filed alleging that Sprint customers that purchased the EVO 4G or EPIC 4G cellphones are being charged a $10 monthly “Premium Data Add-On” fee, despite the fact that these customers had already paid for unlimited data usage under their existing Sprint calling plans.

Law Offices of Scott A. Bursor, www.bursor.com, is investigating claims that these charges may be improper.

If you purchased a Sprint EVO 4G or EPIC 4G cellphone, we would like to hear from you so we can investigate whether you incurred this charge, how many customers have been affected, and whether there may be valid legal claims for a refund. Please contact us by responding to this email or by calling us directly at (646) 504-7781.

About Law Offices of Scott A. Bursor

Scott A. Bursor, has represented plaintiffs in class action lawsuits against Sprint and other wireless carriers since 2002. Many of these cases are discussed in detail at www.bursor.com.

Contact:
Scott A. Bursor
Email: info@bursor.com
www.bursor.com
 

iil

Senior Member
Dec 14, 2010
259
24
IMO, The only thing this will do is raise our rates as Sprint has additional costs arguing with this guy.


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Trahloc

Member
Jul 8, 2005
11
0
Los Angeles, CA
True it will increase costs. But I doubt my phone bill will be +$40/mo more after dealing with this guy which is what I'm paying for now due to 3 Evo's and 1 Epic. I totally support +$10/mo for 4g ... if it was optional. I have no need for 4g though and am highly annoyed at paying this tax. All I want is an Android phone with keyboard and the rest of the guys wanted big screens, we've given them hundreds of $'s this year for something we don't use or want.
 

iil

Senior Member
Dec 14, 2010
259
24
You are assuming the 10 dollars is for 4G. I've always thought it was for more or less having a next generational phone. Both the evo/epic encourage people to use data in ways none of the other devices do. Because of the specs, everything is faster, web browsing, multtasking, gaming - even if you are on 3G.

Sprint realized that giving an unlimited buffet to a blackberry user is much different than giving an unlimited buffet to someone using these phones.

It would be interesting if sprint ends up having to release some of this data to explain the fee. Those 1tb montly users may come in handy at that time.

Even with the fee, sprint has one of the cheapest and best data plans around.

True it will increase costs. But I doubt my phone bill will be +$40/mo more after dealing with this guy which is what I'm paying for now due to 3 Evo's and 1 Epic. I totally support +$10/mo for 4g ... if it was optional. I have no need for 4g though and am highly annoyed at paying this tax. All I want is an Android phone with keyboard and the rest of the guys wanted big screens, we've given them hundreds of $'s this year for something we don't use or want.



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gTen

Senior Member
Feb 16, 2008
1,218
42
True it will increase costs. But I doubt my phone bill will be +$40/mo more after dealing with this guy which is what I'm paying for now due to 3 Evo's and 1 Epic. I totally support +$10/mo for 4g ... if it was optional. I have no need for 4g though and am highly annoyed at paying this tax. All I want is an Android phone with keyboard and the rest of the guys wanted big screens, we've given them hundreds of $'s this year for something we don't use or want.

That boils down to how much data you use..if they go Tiered data like Verizon they could charge you $10 a month per GB per phone...so if you don't use much data thats fine..

In the end each person will get like 5$ settlement and the lawyer will get millions in his own pocket..If only they had a limitation on how much these lawyers can get in 1 law suite >.>

Cause these law suites are a lawyers "All you can eat"...not to mention they will end up fighting it for like 10 years..
 

nikon120

Senior Member
Oct 3, 2010
1,278
340
True it will increase costs. But I doubt my phone bill will be +$40/mo more after dealing with this guy which is what I'm paying for now due to 3 Evo's and 1 Epic. I totally support +$10/mo for 4g ... if it was optional. I have no need for 4g though and am highly annoyed at paying this tax. All I want is an Android phone with keyboard and the rest of the guys wanted big screens, we've given them hundreds of $'s this year for something we don't use or want.

I live in New Orleans and I think the closest 4G city is 350 miles away (Houston). I too wanted an Android phone with a keyboard that wasn't abandoned by the manufacturer for support.

I think it's the principal of paying for something Sprint isn't giving me an opportunity to utilize that irritates me the most. However, I didn't want to drop Sprint (due to plan costs) and I really wanted the Epic. So I gave in.

Old news, but sprint data is cheaper than everyone else anyway.

That is the kicker, they are the cheapest--even with the 4G charge.


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iil

Senior Member
Dec 14, 2010
259
24
They now have the samsung transform.

I still see justification for the fee even without the 4G. they are effectively lumping us into a high data tier. In reality, maybe they should just make it actually tiered.

I live in New Orleans and I think the closest 4G city is 350 miles away (Houston). I too wanted an Android phone with a keyboard that wasn't abandoned by the manufacturer for support.

I think it's the principal of paying for something Sprint isn't giving me an opportunity to utilize that irritates me the most. However, I didn't want to drop Sprint (due to plan costs) and I really wanted the Epic. So I gave in.



That is the kicker, they are the cheapest--even with the 4G charge.


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Trahloc

Member
Jul 8, 2005
11
0
Los Angeles, CA
Tiered would be annoying but livable. Make $40/mo something reasonable with X charge per GB and then past some other reasonable point make it unlimited. But a mandatory charge of $10 for a feature I neither want or use just pisses me off. At least metro pcs had the decency to say "that phone isn't allowed on that plan" when we tried snagging their android phone for the folks using that network. Sprint should do that same, you don't want folks using high end phones on the cheap plans don't allow them on, don't create a fake tax.
 

Sh0wNuF

Senior Member
Oct 31, 2008
306
27
Tiered would be annoying but livable. Make $40/mo something reasonable with X charge per GB and then past some other reasonable point make it unlimited. But a mandatory charge of $10 for a feature I neither want or use just pisses me off. At least metro pcs had the decency to say "that phone isn't allowed on that plan" when we tried snagging their android phone for the folks using that network. Sprint should do that same, you don't want folks using high end phones on the cheap plans don't allow them on, don't create a fake tax.
You shouldn't have bought the phone then. Every single person who bought this phone or the evo KNEW that there as a $10/month fee but still bought it because they just HAD to have the newest phones. If the fee is really that big of an issue then you wouldn't have bought the phone. When I bought the phone.I too the cost into consideration and decided that the$10 fee was justifiable and even with it I would still be paying less than ANY OTHER CARRIER for the same plan. People need to stop *****ing just to *****

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Doppler808

Member
Feb 22, 2010
37
1
You shouldn't have bought the phone then. Every single person who bought this phone or the evo KNEW that there as a $10/month fee but still bought it because they just HAD to have the newest phones. If the fee is really that big of an issue then you wouldn't have bought the phone. When I bought the phone.I too the cost into consideration and decided that the$10 fee was justifiable and even with it I would still be paying less than ANY OTHER CARRIER for the same plan. People need to stop *****ing just to *****

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I agree with you right there. Before any ever bought the phone the fees were right there.

I say good luck with the lawsuit. 99% sure you will not get what you want out of it regardless if you win or lose.
 

pissinguoff247

Senior Member
Mar 17, 2010
220
14
Fort Lauderdale
Let me clarify one thing... I'm not assuming jack. I read the agreement and I know it's not just a 4g charge. My post was purely informative. Hence "4g tax" in quotations.

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ficjay

Senior Member
Oct 21, 2010
178
19
This just end cost all of us more. Some of these lawyers need to be reigned in.

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crabjoe

Senior Member
Sep 30, 2010
245
9
They now have the samsung transform.

I still see justification for the fee even without the 4G. they are effectively lumping us into a high data tier. In reality, maybe they should just make it actually tiered.

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There is no justification without 4G. The reason is you've purchased the phone.... You own it and it's capabilities. It's connection to the internet is a separate issue.

Would you pay more for wired internet service because you have a better graphics card and faster CPU in your home PC?

Tiered pricing?? I don't think Sprint wants that because people will then jump to Verizon or T-Mobile. Both of those carriers still offer unlimited data. TMO might slow down your data speed, if you go over 5GB, but it's still all you can eat.

Sprint's justification for the $10 premium fee is to make a few extra bucks and to cover the cost of what they pay to Clearwire. Clearwire charges $5 per WiMax capable phone Sprint has on it's network. So Sprint had a choice.. Pass the charge along or eat it as part of doing business. Personally, being that Sprint advertises unlimited data, and they're not subsidizing their 4G phones like the other carriers are doing with their top end phones (Have you seen what the other Galaxy S variants sell for on TMO, ATT, VzW, etc?), I think they should have just eaten the $5 (What Clearwires charges them) and also renegotiate their contract with Clearwire to only pay them the fee where Clearwire has service.

Here's another thing. Unlike ATT, Sprint has excess capacity on it's existing EVDO network, so it's not really costing Sprint anything to offer unlimited data on it's 3G network. It just doesn't make sense for Sprint to offer tiered data.
 

gTen

Senior Member
Feb 16, 2008
1,218
42
There is no justification without 4G. The reason is you've purchased the phone.... You own it and it's capabilities. It's connection to the internet is a separate issue.

Would you pay more for wired internet service because you have a better graphics card and faster CPU in your home PC?

Tiered pricing?? I don't think Sprint wants that because people will then jump to Verizon or T-Mobile. Both of those carriers still offer unlimited data. TMO might slow down your data speed, if you go over 5GB, but it's still all you can eat.

Verizon plans to go tiered Data as well..as for T-mobile not sure yet..but it might end up all of them going Tiered data...such dumb lawsuit is only going to push them towards tiered data... mostly if Verizon and ATT go that route...

In the end the lawyer will be the only winner...these lawsuits last YEARS...

Sprint's justification for the $10 premium fee is to make a few extra bucks and to cover the cost of what they pay to Clearwire. Clearwire charges $5 per WiMax capable phone Sprint has on it's network. So Sprint had a choice.. Pass the charge along or eat it as part of doing business. Personally, being that Sprint advertises unlimited data, and they're not subsidizing their 4G phones like the other carriers are doing with their top end phones (Have you seen what the other Galaxy S variants sell for on TMO, ATT, VzW, etc?), I think they should have just eaten the $5 (What Clearwires charges them) and also renegotiate their contract with Clearwire to only pay them the fee where Clearwire has service.

Actually if clearwire doesn't have service sprint doesn't pay them and takes money for themselves..thats what clearwire has been complaining about to sprint...


Here's another thing. Unlike ATT, Sprint has excess capacity on it's existing EVDO network, so it's not really costing Sprint anything to offer unlimited data on it's 3G network. It just doesn't make sense for Sprint to offer tiered data.

The CEO of Sprint said for now he doesn't see a reason to go Tiered data but if the need arises they will..so take that as you will..

-------------------------

Overall though the TP2 went for 350$ on sprint...now phones are 200$-250$ top tiered..I say that about covers most of the $10 fee
 
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Deleted member 2173701

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but what you fail to understand is it is called "premium data":

this includes:
free sprint tv
sprint navigation
unlimited roaming
unlimited data (3g or 4g)


sprint is aware that by owning a 4g capable device (ie epic, evo, shift 4g) that this higher end devices have better capabilities and can actually use 3g faster and better than any other device.

they are also aware that through android (did you think about the fact that all 4g capable devices are android only) there are programs that will allow you to have connection to 3g/4g on your computer via wireless tether or wired tether for free. and instead of filtering out these units, placing caps, or throttling data after it hits a certian point...they give a 10$ fee. instead of going like the other wireless giants and tremendously increasing their rates or placing outrageous caps (seriously a 2 gig cap on the iphone plan att?). and it gives you the ability to connect to 4g whenever you go to a place that has 4g.

so is the charge unfair? i think not.

but then again, this is america, where we can ***** and moan about a hot cup of coffee and make a billion in a law suit.

i honestly believe if you dont like the premium data is "unfair" go to att or verison. seriously, ***** and moan about not getting froyo or something that really matters.
 

drewsg

Member
Aug 9, 2010
42
0
Sprint played this dumb from the get go, it's their fault. Dan Hesse said there wouldn't be a 4G fee of any kind. Since they did indeed have to charge a 4G fee, they tried to play customers dumb by saying it's a premium data fee because it consumes more data. True, but then why don't phones like Transform, Hero, Pre and other smartphones get the fee, because I don't see them consuming any less data just because they don't have 4G.

But quite frankly, I think anyone who participates in this lawsuit is dumb and should be banned from signing contracts.
 

lviv73

Senior Member
Mar 3, 2010
1,529
91
Buffalo NY
You are assuming the 10 dollars is for 4G. I've always thought it was for more or less having a next generational phone. Both the evo/epic encourage people to use data in ways none of the other devices do. Because of the specs, everything is faster, web browsing, multtasking, gaming - even if you are on 3G.

Sprint realized that giving an unlimited buffet to a blackberry user is much different than giving an unlimited buffet to someone using these phones.

It would be interesting if sprint ends up having to release some of this data to explain the fee. Those 1tb montly users may come in handy at that time.

Even with the fee, sprint has one of the cheapest and best data plans around.

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I swear something is wrong with you,what specs?Should a gas station charge you more for regular gas if yo driving bmw instead of honda?Should Audi charge you $100 for "awesomness" of the car that you already paid in full for?
Phones get faster every two months,its only right that they get better specs.Yo dont see Vibrant/Fascinate/Captivate charge 10 dollars for their Cpu being able to process data faster?Epic is the same phone as Vibrant.
When I bought my Epic reps said that extra 10 was for a 4G service that was coming in october,but now when I ask them they say "its for Epics awesomoness and fast CPU",so which one is it sprint?
Charging me for fast CPU that I own,lol,sht is beyond ridiculous.

Remember one thing that Pentium 1,2,3,4(with same eathernet card" and beyond all download data at same speed speed and same thing applies for cell phoned.Do Time Warner charge you extra 10 dollars because you have the latest $10000 computer?No.Just to expain this to all you people that dont know no better or falling for sprints bs.
 
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    IMO, The only thing this will do is raise our rates as Sprint has additional costs arguing with this guy.


    Sent from my SPH-D700 using XDA App
    1
    Tiered would be annoying but livable. Make $40/mo something reasonable with X charge per GB and then past some other reasonable point make it unlimited. But a mandatory charge of $10 for a feature I neither want or use just pisses me off. At least metro pcs had the decency to say "that phone isn't allowed on that plan" when we tried snagging their android phone for the folks using that network. Sprint should do that same, you don't want folks using high end phones on the cheap plans don't allow them on, don't create a fake tax.
    You shouldn't have bought the phone then. Every single person who bought this phone or the evo KNEW that there as a $10/month fee but still bought it because they just HAD to have the newest phones. If the fee is really that big of an issue then you wouldn't have bought the phone. When I bought the phone.I too the cost into consideration and decided that the$10 fee was justifiable and even with it I would still be paying less than ANY OTHER CARRIER for the same plan. People need to stop *****ing just to *****

    Sent from my SPH-D700 using XDA App
    1
    You are assuming the 10 dollars is for 4G. I've always thought it was for more or less having a next generational phone. Both the evo/epic encourage people to use data in ways none of the other devices do. Because of the specs, everything is faster, web browsing, multtasking, gaming - even if you are on 3G.

    Sprint realized that giving an unlimited buffet to a blackberry user is much different than giving an unlimited buffet to someone using these phones.

    It would be interesting if sprint ends up having to release some of this data to explain the fee. Those 1tb montly users may come in handy at that time.

    Even with the fee, sprint has one of the cheapest and best data plans around.

    Sent from my SPH-D700 using XDA App

    I swear something is wrong with you,what specs?Should a gas station charge you more for regular gas if yo driving bmw instead of honda?Should Audi charge you $100 for "awesomness" of the car that you already paid in full for?
    Phones get faster every two months,its only right that they get better specs.Yo dont see Vibrant/Fascinate/Captivate charge 10 dollars for their Cpu being able to process data faster?Epic is the same phone as Vibrant.
    When I bought my Epic reps said that extra 10 was for a 4G service that was coming in october,but now when I ask them they say "its for Epics awesomoness and fast CPU",so which one is it sprint?
    Charging me for fast CPU that I own,lol,sht is beyond ridiculous.

    Remember one thing that Pentium 1,2,3,4(with same eathernet card" and beyond all download data at same speed speed and same thing applies for cell phoned.Do Time Warner charge you extra 10 dollars because you have the latest $10000 computer?No.Just to expain this to all you people that dont know no better or falling for sprints bs.
    1
    This is stupid. Everyone just keeps *****ing and moaning about a 10 dollar fee. They call it a "premium data fee" and for a justified reason. The Evo and the Epic are both "super phones" they are both so fast that you can burn through as much data as a blackberry user uses in a month in a single sitting.

    Let's all keep pushing Sprint towards tiered data, great idea, heck lets push them to raise their prices to. Fact is even with the fee they are the most affordable carrier and people need to suck it up. If you can't deal with the 10 dollar premium data fee then go switch to Verizon, you won't have a data fee but your plan will cost you at least 30 more dollars and have fun with tiered data and no true unlimited.

    Ridiculous.
    1
    This really boils down to 'I dont have 4g in my area, boo hoo." Its not about the phones, or the actual 10$ charge for the high data use phones, (even if, like myself, you rarely get 4g, but still acknowledge that you use a lot via 3g). You keep coming back to '4g charge', and along with this retarded law firm, you are going to be really bummed when the judge doesnt take the statement of your local sprint salesperson as an 'expert witness', because they make all the rules and know everything, right?... jeez... I ALMOST miss the Froyo whining... This is just getting dumb, youre taking Tmos rates for a phone YOU ALREADY OWNED and comparing it to a subsidized new phone, with the option for TEP, upgrade discounts, etc... cmon... little bit of a stretch would you not say? Grasping at straws??? Besides, is any GSM service anywhere in the states as good as sprint/vzw??? I heard a rumor of NJ??? Awesome...