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| Sprint ETF (Early Termination Fee) Class Action Lawsuit Settlement |
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| Saturday, 09 August 2008 09:55 | |||
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UPDATED 5/5/09 - Only Non-Cash (category IV) claims are accepted now. No more cash claim submissions are allowed. Please join the Top Class Actions Newsletter list so you don't miss out next time and head over to the OPEN SETTLEMENTS section to see what's available!
Award (how much your claim may be worth): $35 - $90 Case(s): Larson v. Sprint Nextel Corporation Civ. Action No. 2:07-cv-05325 (JLL-ES) Company: Sprint Nextel / Nextel Partners / Nextel / Sprint Website Link to access the Class Action Lawsuit Settlement and get YOUR Stake (PREFERRED METHOD): Settlement Administrator Address to submit paper claim (NOT REQUIRED): Sprint ETF Settlement Administrator c/o Gilardi & Co. LLC P.O. Box 808054 Petaluma, CA 94975 Phone Number for Assistance: 800-916-6940
Details: From what we're reading if your account is past due for charges OTHER than the Early Termination Fee (ETF) your claim will likely be denied. Make sure your account is current and that the only past due charge is/was due to the Early Termination Fee to make your claim. Interestingly if you have a deceased loved one who was charged the flat rate ETF you can make the claim on their behalf. You'll want to keep in mind that if you're not listed as an authorized contact on their account your claim may be denied or you may be asked for additional proof of relation. Also, if you received all or a partial credit for an ETF charged your claim will likely be denied. You'll notice that there are different claim levels depending on whether you can provide proof of your claim. This proof would be an invoice or account statement showing the fixed rate ETF charge, the date it was charged, the date your account was created and the date service was canceled. YOU ARE NOT REQUIRED TO SUBMIT THIS PROOF WHEN YOU FILE YOUR CLAIM ONLINE! If you don't have it, we recommend you login (or create a login) to Sprint.com and print out your old invoices. Our understanding of this particular settlement is that you will not have to show your proof unless your claim doesn't agree with the Sprint / Nextel records. Their records go back years, and include the individual Sprint, Nextel, Sprint Nextel and Nextel Partner records, so the Settlement Administrator will be able to verify your claim's authenticity relatively easily meaning you likely won't have to ever send in proof. Just make sure your dates (date contract signed, length of contract, date service ended and date ETF charged) and amount of ETF paid are correct. Nextel used to charge $200 as their ETF.Anyone out there want to leave a comment as to how much they were charged by Sprint? Head over to the Settlement Administrator web page and click on File a Claim. It's fairly easy and will automatically offer you the amount you qualify for depending on your answers to the questions asked. PLEASE NOTE THAT THE $90 CASH REWARD (if you were charged the ETF) or $35 CASH REWARD (if you didn't cancel because of the threat of the ETF) IS FOR CATEGORY III CLAIMANTS ONLY! TO BE INCLUDED IN IT YOU MUST ANSWER THE QUESTION: "Do you believe that your wireless service contract, including amendments, changes, and / or extensions to that contract, OR the ETF provision in that contract is improper, invalid, unlawful, or otherwise unenforceable for any reason?" With "Yes". Basically you're stating that you feel the contract agreement was improper, unlawful or invalid and can't be enforced if brought before a court of law. If you don't answer it then you will automatically be placed in a different category with a lower cash/credit claim threshold. You will be asked that question after you submit your personal information, mobile number, contract start date and the approximate date when you canceled service and were charged the ETF. Claimants are broken out into the following categories. Category I. Claimants who paid the ETF (they didn't let it go into Collections) A. Those who signed a two year contract and canceled within the first six months and can show proof can claim a $25 refund or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month for the first year of a two year contract. Sprint's regular credit check process will be followed prior to approving the activation of a new line of service. B. Those who signed a one year contract and canceled within the first three months and can show proof can claim a $25 refund or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month for the first year of a two year contract. Sprint's regular credit check process will be followed prior to approving the activation of a new line of service. C. Those who signed a two year contract and canceled from the seventh through the twenty-fourth month and can show proof can claim a $90 refund or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month the first year of a two year contract. Sprint's regular credit check process will be followed prior to approving the activation of a new line of service. D. Those who signed a one year contract and canceled from the fourth through the twelfth month and can show proof can claim a $90 refund or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month the first year of a two year contract. Sprint's regular credit check process will be followed prior to approving the activation of a new line of service. E. Those who sign an affidavit stating they paid the ETF but don't have proof can claim a $25 refund or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month the first year of a two year contract. Sprint's regular credit check process will be followed prior to approving the activation of a new line of service. Category II. Claimants who were charged the ETF but didn't pay it (and the debt went to Collections) A. Those who signed a two year contract and canceled within the first six months shall be entitled to $25 in relief if the debt is still owned by Sprint Nextel or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month for the first year of a two year contract. Sprint's regular credit check process will be followed prior to approving the activation of a new line of service. B. Those who signed a one year contract and canceled within the first three months shall be entitled to $25 in relief if the debt is still owned by Sprint Nextel or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month for the first year of a two year contract. Sprint's regular credit check process will be followed prior to approving the activation of a new line of service. C. Those who signed a two year contract and canceled after the seventh month or signed a one year contract and canceled after the fourth month shall be entitled to $90 in relief if the debt is still owned by Sprint Nextel or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free the first year of a two year contract. Sprint's regular credit check process will be followed prior to approving the activation of a new line of service. D. Those who would be eligible to claim a benefit but the debt is no longer owned by Sprint Nextel or they can't show sufficient proof they were charged. This typically happens four to six months after the charge was applied to the account but not paid and would apply to you if a third party collection agency (not Sprint) is trying to collect the debt. Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free the first year of a two year contract. Sprint's regular credit check process will be followed prior to approving the activation of a new line of service or you can claim a 90 minute Sprint pre-paid long distance calling card. Category III. Claimants Who Claim Their Wireless Term Contract(s) Including Amendments, Changes and/or Extensions to the Contract(s) or the Assessment or Potential Assessment of an ETF, is Improper, Invalid, Unlawful or Otherwise Unenforceable For Any Reason Whatsoever A. Those who were charged the ETF, paid it, and can show proof can claim a $90 refund or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month for the first year of a two year contract. Sprint's regular credit check process will be followed prior to approving the activation of a new line of service. B. Those who were charged the ETF, didn't pay it, and can show proof shall be entitled to $90 in relief if the debt is still owned by Sprint Nextel or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month for the first year of a two year contract. Sprint's regular credit check process will be followed prior to approving the activation of a new line of service. C. Those who wanted to cancel but didn't because of the threat of the ETF can claim a $35 cash reward or 30 anytime bonus minutes per month for one year can be added to your account. It's important to note Sprint Nextel may check their records to see if you called in and that the customer care agent notated the account about your desire to cancel. If that note isn't on the account the claim may be denied. Because of Scott's experience within the Sprint Nextel organization (and the multiple systems they'll have to check for the notes) he's doubtful claims will denied if the account doesn't have that note, but it's a definitive possibility. If they deny the claim you'll receive a note asking for proof either via e-mail or USPS. They won't call you, so keep an eye out for it. Category IV. Claimants Whose Claim Arises AFTER This Settlement Period Ends But Before 1/1/11. THIS ONLY IMPACTS YOU IF YOU SUBMIT YOUR CLAIM AFTER 5/4/09. A. Those who missed the deadline to submit their claim form for the larger settlement can submit their claim for late but you're aren't allowed a cash settlement. You can claim a Sprint Nextel prepaid 90 minute Long Distance Calling PIN or 300 free text messages per month for six months for an existing or new line of service or Sprint Nextel will waive the $36 activation fee on a new account and include 100 minutes free per month for the first year of a two year contract. Sprint's regular credit check process will be followed prior to approving the activation of a new line of service. That's it! The Settlement Administrators (Gilardi & Co. LLC) did a good job of setting up the online claim form so it automatically places you in the correct category depending on how you answer the questions asked. Go forth and submit your claim now, both current and past Sprint Nextel Subscribers! Settlement Administrator REMEMBER THAT THE $90 CASH REWARD (if you were charged the ETF) or $35 CASH REWARD (if you didn't cancel because of the threat of the ETF) IS FOR CATEGORY III CLAIMANTS ONLY! TO BE INCLUDED IN IT YOU MUST ANSWER THE QUESTION: "Do you believe that your wireless service contract, including amendments, changes, and / or extensions to that contract, OR the ETF provision in that contract is improper, invalid, unlawful, or otherwise unenforceable for any reason?" With "Yes". Purchased From: July 1, 1999 - December 31, 2008 Claims Accepted Until (YOU MUST SUBMIT YOUR CLAIM BY THIS DATE!): 5/4/2009 for Categories I - III (Cash Claims), 1/1/11 for Category IV (No cash claim) Class Action Lawsuit Settlement Amount(s): $14,000,000 + $3,500,000 in non cash benefits - $5,775,000 in attorney fees (33% of the total value of the settlement) - $12,000 to the Lead Plaintiffs ($3,000 each to the four Lead Plaintiffs) - Administrative Expenses. TCA Staff Tidbit: Wow! This is a big one! If you had Nextel, Sprint, Nextel Partners or Sprint Nextel service from 7/1/99 - 12/31/08 you can likely make a claim in this settlement. Make sure you follow the directions we list to get $90 back if you were charged an ETF. The best part is that existing customers who DIDN'T cancel service because of the threat of the ETF can even get a cash reward of $35! That's FANTASTIC! All you have do to is follow the instructions above and you'll get a check eventually; remember these take six months to a year or more to process. We're also quite happy that they made it EASY on claimants by figuring out what category you're in and allowing you to submit your claim online. No need to kill trees to get your settlement check, just fill out the form and submit it. So Top Class Actions viewers, go forth and submit your claim! Don't miss out on it!
LEGAL INFORMATION IS NOT LEGAL ADVICE This site and email provides information about the law and class action lawsuit settlements designed to help users safely cope with their own legal needs. Legal information is NOT the same as legal advice - the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation. You should consider all postings or writings at TopClassActions.com by staff or others as personal opinion only and NOT the advice of a lawyer. TopClassActions.com Legal Statement
©2008 Top Class Actions® LLC
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| Last Updated on Tuesday, 15 December 2009 14:11 |
I have been through heck and back with Sprint over 10 cell phone that would not work, they had me buy three of them, then this last one (all within 3 months) it had to have a hard reset last night, 11 Feb 09 and this morning I get a call from them saying that I am in roaming, but I signed for it in this area, Glasgow, Kentucky, but it is roaming and they are about to terminate me. Due to me roaming, but I paid for roaming and anytime minutes. I have been so stressed out over all these phones not working and them telling me to be patient with them that they would get me a working cell, to have this happen. I need an attorney.
Thank you,
JeanneMaire Selbe
I am unable to file a claim. When I click on the settlement admin's, file a claim link, all I get is a blank page. I tried calling the number listd above and its only a recording. The document says I can mail the claim form, but I can't get to it! Can someone please help?
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I also experienced going to the "Settlement Administrator" page and clinking on "File Claim" and only receiving a blank page.
If you are usine Internet Explorer 6.0 you are unable to see some things on the internet. Resolution to this problem is to either upgrade Internet Explorer or if you are like me who needs to keep using I.E. 6.0 for other reaseons, then just hop on over to Mozilla and the form will populate. Hope this helps those who are having promblems with the "Settlement Administrator" page. 
Regular Consumer
the settlement admin site isn't working for me either, when I click on "file claim" the page is blank. Can someone help me with this?
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My sprint service was canceled 2 years ago. I have documentation for the account number and phone number but sprint claims they have no record for that account so I cannot verify early termination fees (nor according to what they've told me can they!).
I cannot access the form to submit a claim for this class action lawsuit. Does anyone have a document that can be sent as an attachment?
Brooke,
If you're having problems connecting to the Settlement Administrator, you can click on the link below to go directly to them. Please let us know if you still aren't able to access it.
http://www.sprintetfsettlement.com/php/home.php
Thanks,
Top Class Action Staff
"What settlements can YOU claim? Find out at TopClassActions.com"
Sprint is still acting illegally, as far as I can tell. I wrote this letter on Jan 7 to the attorneys in this case:
Why are they still doing this? -- Sprint is charging me $400 ETF AFTER the date of your victory. I had a family contract with Sprint, where I had a full-service (top of the line) plan for $89/month, and opted to add a phone for my wife for $10/month. At the time that I entered into the contract (September 21, 2007), I received a $150 discount on my phone, and added a line for my wife for an additional $10/month, using a phone I already owned. I terminated my service with Sprint on Dec 9, 2008 (when I accidentally broke my phone), and signed up with AT&T. Unfortunately, AT&T had inadequate signal strength at my home, so I switched back to Sprint three days later, on Dec 12, 2008, on a different plan from what I had before. At this time, I received a $150 discount on a new phone. In early January, 2009, I received a demand for payment of more than $400 ETF for the two lines. I have called Sprint 6 times in the last day trying to explain that the ETF does not apply to my wife's line because I did not receive any discount on equipment, and trying to point out that that the judgment in this case was that the ETF was illegal to begin with, but have gotten the run around with no satisfaction. In regards to the $200 ETF for the phone line for my wife's phone (which we already owned), I told the person that I had not been informed of any additional ETF when I added my wife to my service, and had not agreed to any additional ETF, but was told that I would be required to pay this ETF anyway if I was to continue my service with Sprint. I asked her permission to record the conversation, but was denied permission. In any event, they are still up to their old tricks, and are wide open for another class action lawsuit in this matter. Any help you could give me in this matter would be appreciated. Thanks.
I as well was a sprint customer. I went into the hospital in 2005 with kidney failure and did not know when or if I would leave the hospital. I asked them to hold my account indefinately and they said we need a timeframe. I did not have one so they said all I could do was terminate my contract. I got hit with 250.00 etf on something that technically should not have been because their contract at the time said etf may apply based on situation. I am sorry but someone in kidney failure who doesnt know when they are leaving the hospital if ever more than qualifies for a grievance. I have been harassed by bill collectors ever since. I continue to refuse to pay and continue to dispute to this day.
Andrea Vilardi
West Paterson, NJ
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I USE TO BE A SPRINT CUSTOMER. WHEN WE WENT TO CANCEL THEY WANTED TO CHARGE US $250.00 PER PHONE. IT WAS NOT AN EARLY CANCELATION PROGRAM. WE DID NOT PAY IT AND CONTINUED TO DISPUTE IT. THEY PLACED IT ON OUR CREDIT WHICH HAS COST US CLOSE TO 2,700.00 FOR HIGH INTERREST PAYMENTS.
PLEASE ADD US TO THIS LAW SUIT.
RESPECTFULLY
TERRY PATRICK NEBEKER
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