I'm Considering a Legal Class Action Suit Against Sprint

Please by all means count me in..... One way or another I will start
one...I have had it with this company and will do whatever it takes to
bring them to court... I have been paying for service that I do not
receive.... There phones never work and I have had it.....If anyone is
interested in a class action suite aginst them for these reasons
please email me at luvinlife1313@yahoo.com.....Ohhh and by the way
this will be the 4th suit against them because they just filed another
one just the other day....

I just love how this page is sponsored by Sprint.

it might be beneficial to have your lawyer contact theirs then?

maybe work out a deal that way?

I understand completely what you are going through. I just went
through this with them. I had the rant and it wouldn't work and I
just got in Nov. I had 3 different rants to see if they could fix the
problem and they couldn't. I went to my sprint store and after
running around with sprint on the phone she was able to help me. I
got into a blackberry for $100 and my contract was not extended so I
was able to get it and be able to get another phone in a year and a
half. I spent almost a full day with them trying to figure this out.

Again I am sorry for what you are going through and it just happened
to me 2 weeks ago.

Hope it works out.

It does seem (to me) that the focus of your complaint against SPRINT
is that your first phone has been plagued with problems which cannot
or have not yet been resolved. Taking the route of upgrading to a
BlackBerry may or may not fix the problem and thus you may find
yourself no farther ahead than before. It would seem logical to first
understand the problem(s) with your Motorola Q 9C as well as to
understand the reason(s) why these problems are not solvable, if that
is a truthful status. If this were my situation, I would try to
negotiate with the corporate office for the upgrade while focusing on
the issues with my current phone. At worst you'd be told the answer
is still NO, at best you might get the upgrade with all the available
discounts and somewhere in the middle of the road, you might get the
BB at a modified discounted price. No carrier wants an unhappy
customer as they cost money in bad reviews and bad word of mouth. Any
reasonable corporate office will work to resolve the issue to the
mutual satisfaction of all parties. Best of Luck.

Are you really threatening to file a lawsuit using an electronic third
party website? I doubt they will respond... Their lawyers likely
prohibit it since you are threatening legal action.

Does your "lawyer" know that you posted a public letter, threatening a
class-action lawsuit? I suggest you run this by him or her.

before I went and committed myself to spending all that money on
lawyers (especially if buying an undiscounted cell phone was more than
I could cope with), I think I'd try to figure out what reason they had
for not giving me the heavily discounted upgrades whenever I wanted
them (I suspect it is because they lose money on the heavily
discounted upgrades and therefore they want to make a certain amount
of profit on your contract before they give you another one, but I
could be wrong). I don't think I'd really want to file an expensive
lawsuit just to "see if the courts will rule in [my] favor" -- I'd
want to be as sure as possible that the law was on my side. (And I
think also that I would want to explain my case in more detail, in
order to convey a sense of confidence to my chosen defendant; if the
defendant thought I was just rolling the dice, so to speak, they might
be less inclined to take me up on my offer to settle this out of court
than they would if they thought I had a strong case.)

I mean, if a case goes to court it usually means that there is at
least a chance that the outcome could go either way, but I don't think
I'd pick a fight with Sprint over a matter of principle: I'd want
there to be some chance that I would win. Since you've got multiple
lawyers on the case, I assume that you and they calculate the odds
differently than I do. But even so, this letter makes me wonder, why
would your lawyers choose to get the ball rolling by having you post
an email to Sprint on a public website? (For that matter, why would
they have you edit out their contact information in the public version
of the email; if I were a potential plaintiff in this case I think it
would be helpful for me to know how to contact the lawyers handling
the case.)

I suspect that there is an awful lot here that I am missing. (This
would hardly be the first time that that happened.) If Sprint doesn't
give you the steep discount on the new Blackberry, I look forward to
finding out more about your case when your lawyers have the press
releases ready to go and legal reporters start explaining the issues.

on upgrading your phone, they just aren't going to subsidize it for
you since they just gave you a discounted phone less than a year ago!


Every carrier does the 2 year thing for upgrading phones. That is
their incentive to get you to sign another contract with them rather
than continuing on month to month.

If I were you, I'd go to Motorola and get them to deal with the
defects in your Q9C. But keep in mind, if you are over a year since
you bought the phone, you may not be entitled to help from them
either.

And as I have said before, "loyal" customers don't typicaly make
threats and unreasonable demands for things they aren't entitled to.
The very definition of "loyal customer" is someone showing unwavering
support to a company or product. Threatening litigation is hardly
what I'd call unwavering support.

I would suggest consulting a different lawyer. I am half tempted to
say that you are just using a "scare tactic" on Sprint. It won't work
if that is the case, I am willing to bet their legal team is better
then your legal team and this is something that was already thought
of.

If you really did consult an attorney, check with one or two more, do
a NOLO search for one that specilizing in these types of things. As
much as I come to the defence of attorneys, I happen to work for some
pretty ethical ones that won't just take peoples money for the sake of
case, unfortunatly, some will.

Also, according to the contract you signed or agreed to, you are not
allowed to file a class action lawsuit, only arbitration is allowed.
You waived your right to one.

This was entertaining, and a bright spot in an otherwise uneventful
morning. Thank you for sharing.

Loyal Sprint customer or not, you are just not eligible for an upgrade
at this time. This is the way all cell phone companies work. I have
over 2500 lines of service with Sprint for my firm and I can't get a
low cost upgrade ahead of time, why should you?

The courts will not rule in your favor and this would definitely be an
excessive legal claim.

I definately understand what your idea is. And while I agree that the
cell phone companies have made this very profitable for themselves
they have also given consumers another option of pay as you use cell
phones. This gives the customer the freedom from a contract but does
not give them the ability to purchase a phone at a discount.
(One can go online to purchase any cell phone and you can generally
get a better deal for these than are offered in the stores).

People are so dependent on just basic cell phone usage that this give
these companies the ability to tell the consumer if they do not like
what we offer there are other companies...either you use one service
or go to another. And since most are alike sans Revol and a few
others...these non-contracted companies generally do not offer
upgrades at a discount either.

Let me assure you that if you are able to charge ahead with a law
suit, this would be one of those "excessive legal claims". This isn't
something just Sprint does, all the cell phone companies do it. Cable
companies too. They entice new customers over to their company by
offering a spectacular deal. A new phone, a great introductory rate,
a package deal etc. etc. I just got a new phone through AT&T a few
months back but prior to doing so I had to make sure that I was
eligible for a new phone. I didn't want to pay full price, so I had
to make sure that I had been with them long enough that I qualified
for a new free or reduced phone. I'm not sure how Sprint works for
sure, but you had a choice of staying with them and playing by their
rules or switching companies.

"I rather not go through the legal process..."

Lucky for you that your agreement with Sprint says that you've agreed
not to participate in a class action suite and that you agree to
arbitration.

Since you'd prefer not to go through the legal process, take them up
on the arbitration offer.

By the way, as a Sprint customer, I'd be curious to know what your
lawyer has said is the case here. Can you explain what Sprint has
done that's not legal? While I'd love to be able to force Sprint to
give me phones, at a loss, whenever I want one, I realize that there
is nothing wrong with Sprint wanting to make back the money they're
losing by subsidizing phones.

If you (or someone else) does even win such a suit, the outcome will
be that Sprint (and others) will stop with subsidized phones.
Everyone will pay a higher price. Is that what you want?

The Blackberry 8330 that is currently being offered for $49.99 after
all dicounts and mail-in rebate "requires new line or eligible upgrade
with a two year contract". These very low promotional prices are to
entice new customers to sign up for two years or for existing
customers to extend their existing agreements by two years. Although
this may seem unfair from a customer point of view I'm sure it is a
big money maker for Sprint. In addition, they are selling the phones
to new/extending customers at a reduced price in exchange for a two
year commitment. They would lose money if they made the same offer to
anyone who wanted a new phone and said person turned around, changed
carriers after getting the new phone and taking their business to a
competitor. Considering the full retail cost of a Blackberry 8330 is
approximately $570 it is less than the ETF for the consumer to port to
another provider.

I'm wondering if there is anything covering this situation in the
contract you signed?

I do not work for Sprint but have been in telecom for over 20 years
and fair or not, this is just the way wireless companies conduct
business.