[nycboy57]

I recieved an email today and with all the Spam and people trying to do illegal things online I wanted to know if anyone knows if this is true?

IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS
TWENTY-NINTH JUDICIAL DISTRICT
TOM LUNDBERG, et al.
Plaintiffs,
v.
SPRINT CORPORATION, et al.
Defendants.
))))))
Case No. 02CV-4551
Division No. 3
Chapter 60
GREG BENNEY, et al.,
Plaintiffs,
v.
SPRINT INTERNATIONAL
COMMUNICATIONS CORP., et al.,
Defendants.
)))))))
Case No. 05CV-1422
Division No. 3
Chapter 60
NOTICE OF PENDENCY OF CLASS ACTION,
PROPOSED SETTLEMENT, AND HEARING
THIS NOTICE MAY AFFECT YOUR RIGHTS -- PLEASE READ IT CAREFULLY
TO THE FOLLOWING:
All current and former Sprint-branded ("Sprint" or "Sprint PCS") wireless telephone customers in the
United States who fall within one of the following classes:
BENNEY SETTLEMENT CLASS
The Benney Settlement Class shall consist of all current and former Sprint wireless telephone customers
in the United States who were customers for any time during the period December 1, 2000 to the
Effective Date, and who were charged Regulatory Fees. For purposes of settlement only, and for no
other purpose, the Benney Settlement Class shall consist of the following subclasses:
BENNEY
SUBCLASS 1
ALL CURRENT SPRINT SUBSCRIBERS AS OF THE EFFECTIVE DATE, WHO WERE
SUBSCRIBERS DURING ANY PART OF THE PERIOD FROM DECEMBER 1, 2000 TO
MAY 31, 2003.
BENNEY
SUBCLASS 2
ALL CURRENT SPRINT SUBSCRIBERS AS OF THE EFFECTIVE DATE WHO BECAME
SUBSCRIBERS AFTER MAY 31, 2003.
BENNEY
SUBCLASS 3
ALL FORMER SPRINT SUBSCRIBERS AS OF THE EFFECTIVE DATE WHO WERE
SUBSCRIBERS DURING ANY PART OF THE PERIOD FROM DECEMBER 1, 2000 TO
MAY 31, 2003.
BENNEY
SUBCLASS 4
ALL FORMER SPRINT SUBSCRIBERS AS OF THE EFFECTIVE DATE WHO BECAME
SUBSCRIBERS AFTER MAY 31, 2003.
EXCLUDED FROM THE BENNEY SETTLEMENT CLASS AND ALL BENNEY SUBCLASSES ARE SPRINT
AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, OR ANY CONTROL PERSONS OF
SPRINT, AS WELL AS OFFICERS, DIRECTORS, AGENTS, ATTORNEYS, OR EMPLOYEES, AND THE
IMMEDIATE FAMILY MEMBERS OF ANY SUCH PERSONS, AS WELL AS ANY ATTORNEY FOR THE
BENNEY CLASS OR ANY JUDICIAL OFFICER WHO MAY HAVE WIRELESS PHONE SERVICE
THROUGH SPRINT. ALSO EXCLUDED ARE PERSONS OR ENTITIES WHOSE SUBSCRIBER STATUS
WAS DEACTIVATED BY SPRINT FOR NON-PAYMENT OR OTHER BREACH OF THEIR (ITS)
AGREEMENT WITH SPRINT. PERSONS WHO ARE CURRENT SPRINT CUSTOMERS AT THE DATE OF
PRELIMINARY APPROVAL OF THE SETTLEMENT, BUT WHO ARE NO LONGER SPRINT
CUSTOMERS AT THE TIME OF THE EFFECTIVE DATE SHALL BE MEMBERS OF BENNEY
SUBCLASS 3 OR BENNEY SUBCLASS 4, DEPENDING UPON WHEN THEY FIRST BECAME
SUBSCRIBERS.
LUNDBERG SETTLEMENT CLASS
The Lundberg Settlement Class shall consist of all current and former Sprint wireless customers in the United
States who were customers any time during the period January 1, 1997 to the Effective Date, and who have or
could have asserted claims relating to directory assistance calls, Sprint's practice of rounding minutes up to the
next whole minute, or Coverage and Capacity Issues. For purposes of settlement only, and for no other purpose,
the Lundberg Settlement Class shall consist of the following subclasses:
LUNDBERG
SUBCLASS 1
ALL CURRENT SPRINT SUBSCRIBERS AS OF THE EFFECTIVE DATE WHO WERE
SUBSCRIBERS ANYTIME PRIOR TO JUNE 1, 2003.
LUNDBERG
SUBCLASS 2
ALL CURRENT SPRINT SUBSCRIBERS AS OF THE EFFECTIVE DATE WHO BECAME
SUBSCRIBERS ON JUNE 1, 2003, OR LATER.
LUNDBERG
SUBCLASS 3
ALL FORMER SPRINT SUBSCRIBERS AS OF THE EFFECTIVE DATE WHO WERE
SUBSCRIBERS ANYTIME PRIOR TO JUNE 1, 2003.
LUNDBERG
SUBCLASS 4
ALL FORMER SPRINT SUBSCRIBERS AS OF THE EFFECTIVE DATE WHO BECAME
SUBSCRIBERS JUNE 1, 2003, OR LATER.
EXCLUDED FROM THE LUNDBERG SETTLEMENT CLASS AND ALL LUNDBERG SUBCLASSES ARE
SPRINT AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, OR ANY CONTROL
PERSONS OF SPRINT, AS WELL AS OFFICERS, DIRECTORS, AGENTS, ATTORNEYS, OR
EMPLOYEES, AND THE IMMEDIATE FAMILY MEMBERS OF ANY SUCH PERSONS, AS WELL AS
ANY ATTORNEY FOR THE LUNDBERG CLASS OR ANY JUDICIAL OFFICER WHO MAY HAVE
WIRELESS PHONE SERVICE THROUGH SPRINT. ALSO EXCLUDED ARE PERSONS OR ENTITIES
WHOSE SUBSCRIBER STATUS WAS DEACTIVATED BY SPRINT FOR NON-PAYMENT OR OTHER
BREACH OF THEIR (ITS) AGREEMENT WITH SPRINT. PERSONS WHO ARE CURRENT SPRINT
CUSTOMERS AT THE DATE OF PRELIMINARY APPROVAL OF THE SETTLEMENT, BUT WHO ARE
NO LONGER SPRINT CUSTOMERS AT THE TIME OF THE EFFECTIVE DATE SHALL BE MEMBERS
OF LUNDBERG SUBCLASS 3 OR LUNDBERG SUBCLASS 4, DEPENDING UPON WHEN THEY FIRST
BECAME SUBSCRIBERS.
This Notice is to inform those persons who are potential members of Benney Subclass 1, 2, 3 or 4, and/or
Lundberg Subclass 1, 2, 3 or 4 that you may be eligible to receive certain benefits pursuant to the settlement of
class action suits styled Greg Benney, et al. v. Sprint International Communications Corp., et al., Case No. 05CV-
1422 (hereafter referred to as "Benney"), and Tom Lundberg, Sandra Barnes, Donella Brigman, Lily Albaisa, for
Themselves and All Others Similarly Situated, and the General Public, v. Sprint Corporation, Sprint Spectrum,
I. WHY ARE YOU RECEIVING THIS NOTICE?
L.P., Sprint International Communications Corp. and Does 1 through 20 Inclusive, Case No. 02CV-4551
(hereafter referred to as "Lundberg"), both in the District Court of Wyandotte County, Kansas.
This Notice describes the class action and the proposed settlement and advises you of the date, time, and place of
a hearing to be held by this Court to decide whether the Court will give final approval to the settlement. If the
Settlement is approved, all class members who do not exclude themselves from the settlement on a timely basis
(as described below) will be entitled to the settlement benefits set forth in Paragraph V below and will be bound
by the orders issued by the Court regarding the settlement, and their rights.
You are receiving this Notice because you have been identified as a potential member of Benney Subclass 1, 2, 3
or 4 or Lundberg Subclass 1, 2, 3 or 4. You should carefully read this entire Notice. This Notice is for potential
members of Benney Subclass 1, 2, 3 or 4 or Lundberg Subclass 1, 2, 3 or 4 only and is given to you pursuant to an
Order of the District Court of Wyandotte County, Kansas.
Class actions are lawsuits in which the claims and rights of many people are decided in a single court proceeding.
Representative Plaintiffs ("Class Representatives" or "Class Plaintiffs") are named in the lawsuit to assert the
claims of the entire class. This avoids the necessity for a large number of people to file similar individual lawsuits
and enables the court system to resolve similar claims in an efficient and economical way. Class actions assure
that people with similar claims are treated alike. In a class action, the Court is guardian of class interests and
supervises the prosecution of the class claims by class counsel to assure that the representation is adequate. Class
members are not individually responsible for the costs or fees of counsel, which are subject to Court award.
In both Benney and Lundberg, Class Representatives are acting on behalf of the nationwide Settlement Classes
described above. The Class Plaintiffs have brought these Lawsuits as class actions under Rule 60-223 of the
Kansas Rules of Civil Procedure. In Benney, Class Plaintiffs allege that (1) Defendants violated the Kansas
Consumer Protection Act, and similar laws in other states, by making misleading and deceptive statements
regarding the Regulatory Fees, which Defendants have charged their customers in the United States, (2)
Defendants breached contracts with Class Plaintiff and the class members by charging the Regulatory Fees and by
hiding a “rate increase” in the monthly billing statement, (3) Defendants were unjustly enriched by collecting the
Regulatory Fees, and (4) Defendants committed fraud based upon their charges for directory assistance calls
and descriptions of the Regulatory Fees.
In Lundberg, Class Plaintiffs allege that Defendants committed fraud, violated the Kansas Consumer Protection
Act, and similar laws in other states, and were unjustly enriched, based upon their charges for directory assistance
calls and descriptions of the Regulatory Fees, by making misleading and deceptive statements regarding the
practice of rounding minutes up to the next whole minute without fully disclosing this practice, and by offering
wireless phone service without properly disclosing limitations on the coverage, capacity, and geographic scope of
the Sprint wireless network (including, but not limited to, the availability or claimed necessity of software
upgrades to phone handsets), as well as dropped customer calls or the alleged failure or inability to connect
customer calls; and that as to California customers, Defendants violated the California Business and Professions
Code, Section 17200 et seq., and California's Emergency Telephone Users Surcharge Act, Cal. Rev. & Tax Code
Section 41020(a)-(b).
In both Benney and Lundberg, the Class Plaintiffs allege that Defendants are liable for compensatory, statutory,
and related damages, punitive damages, and attorneys' fees and costs under various

If this is legitimate please let me know? I couldnt download the whole email on this it is too long, but I am sure if you want a copy I can send it to you?> or you can get it from Sprint if it is an actually legit thing?
thanks and if it isn't then just delete,

[sheureka]

It's legitimate - but you had to have your claim form in by July 12 to participate as a plaintiff. Here's the form - http://www.sprintclassactionsettlement.com/Sprint Claim Form A.PDF - to be included in the plaintiff class. I'm not sure who sent you this, or why it came after it had to have been filed. - sheureka

[nycboy57]

Originally Posted by sheureka

It's legitimate - but you had to have your claim form in by July 12 to participate as a plaintiff. Here's the form - http://www.sprintclassactionsettlement.com/Sprint Claim Form A.PDF - to be included in the plaintiff class. I'm not sure who sent you this, or why it came after it had to have been filed. - sheureka

thanks,
yes I did get this mailed in before that date and it just came again I guess a little late if I didnt file,
I just wanted to know that it was legit and that it was someone phishing, I have not seen anything on any of the Sprint or PDAPHONEHOMe.com websites have you?

thanks again for confirming this.
all the best/

[zenaa96]

I got this email too and was wondering the same myself.
Thanks for the confirmation.

[Randy66]

hello this is Randy66 I heard someone maybe suing Sprint/Nextel because of these letters this is the first I have heard of anyone suing Sprint/Nextel over one of these termination letters also I think this is so stupid that Sprint/Nextel would have the nerve to send out these letters in the first place for exsessive customer service calls I have not recieved a letter but if I do myself and my family will sue the pants off of Sprint/Nextel for breach of contract I want to keep my Sprint/Nextel service I have had no problems with them so far but like I just said if they send me a termination letter I will sue the pants off of them for breach of contract I mean it i will sue them are you with me guy did they send you a letter please reply when you can ok thanx Randy66

[Dan]

Originally Posted by Randy66

hello this is Randy66 I heard someone maybe suing Sprint/Nextel because of these letters this is the first I have heard of anyone suing Sprint/Nextel over one of these termination letters also I think this is so stupid that Sprint/Nextel would have the nerve to send out these letters in the first place for exsessive customer service calls I have not recieved a letter but if I do myself and my family will sue the pants off of Sprint/Nextel for breach of contract I want to keep my Sprint/Nextel service I have had no problems with them so far but like I just said if they send me a termination letter I will sue the pants off of them for breach of contract I mean it i will sue them are you with me guy did they send you a letter please reply when you can ok thanx Randy66

NY state was considering a case against sprint to require that the carrier pay the terminated customer $200. I believe that they were looking at it from the standpoint of ETF's being totally one sided and that the customer should get $200 for having the contract terminated early.

The case was not to keep any customers with sprint, as the cancellations are legal. When faced with a $200 payment to the customer or continuing their service till the contract runs out, sprint would likely opt to keep their service on for the length of the agreement.

[Tai]

You signed a contract for 200.00 to cancel early. Sprint didnt sign a contract stating we pay you for leaving early. Actually the contract states we can cancel you at anytime. I dont even see why that went to court

[the2ndflood]

When Sprint does ANYTHING, and I mean anything, people go crazy; reporters go crazy; cities go crazy, but what about the other carriers? Every carrier out there is doing things against their customers. Bad things that are hurting them, and no one says a word. The moment Sprint does anything, everyone and their mother bashes them.
It's perfectly okay for Verizon and Cingular to cancel their high-speed customers accounts for using more then 7GB's a month. It is okay for Cingular to ignore the mounting complaints from the BBB against them, more then other carrier by the way. The moment Sprint burps, the world go after them.

Any lawsuit against Sprint and not against anyone else is bias garbage. A way for a new lawyer fresh out of law school to make a name for them selfs. Sprint gives customers more leeway then any other carrier, but does that matter to these people? H@LL no!

Let's all bash Sprint for pointless reasons, and ignore all other carriers wrongdoings!!

[Dan]

Originally Posted by Tai

You signed a contract for 200.00 to cancel early. Sprint didnt sign a contract stating we pay you for leaving early. Actually the contract states we can cancel you at anytime. I dont even see why that went to court

It didnt. As you can see from the OP post last year and my reply, NY was considering to go after sprint, possibly on business practices, to get compensation for the terminated customers.

You can't sue sprint yourself (as outlined in the terms and conditions) but the state can sue on your behalf and get you some relief. When you have customers with legit issues calling into have them corrected and getting shuffled around or hanging up on wait times in excess of 20 mins that were getting terminated, some compensation may be in order to that type of customer.


So, no one has filed suit against sprint over this, and most likely no one will. I know if I had gotten one of those letters for trying to correct a billing issue, i'd have been pissed too!

[Tai]

What I am saying is like any other service provider they have the right to terminate service without notice. Simple as that. Its not really an argueable point and I wont bother hashing it out with you. Ive read the terms and conditions a 1000 times to a thousand customers and everytime it was Ill have my lawyer look at it. And I have yet to see the inside of a court room about it.

[DJRider]

Originally Posted by Tai

What I am saying is like any other service provider they have the right to terminate service without notice. Simple as that. Its not really an argueable point and I wont bother hashing it out with you. Ive read the terms and conditions a 1000 times to a thousand customers and everytime it was Ill have my lawyer look at it. And I have yet to see the inside of a court room about it.

Ive read it also and I agree with you. But what Dan is saying is accurate because I saw it on the local news here in NY. Attorney General Cuomo did not like the idea about Sprint cancelling customers. He clearly stated that he was looking into helping these customers get Sprint to pay them a $200 termination fee.

Now while I can not get Sprint to do this, do not count on any government agency not being able to do it. When you get politicians involved, especially and attorney general, thay can make any corporations life miserable. If they pass legislation to have Sprint pay,,,,,,they will pay or face other harassment from government agencys.

[king_koopa]

I got this email to. thought it was just another spam and trashed it.

[Dan]

Originally Posted by djvulcan

Ive read it also and I agree with you. But what Dan is saying is accurate because I saw it on the local news here in NY. Attorney General Cuomo did not like the idea about Sprint cancelling customers. He clearly stated that he was looking into helping these customers get Sprint to pay them a $200 termination fee.

Now while I can not get Sprint to do this, do not count on any government agency not being able to do it. When you get politicians involved, especially and attorney general, thay can make any corporations life miserable. If they pass legislation to have Sprint pay,,,,,,they will pay or face other harassment from government agencys.

Cuomo is going to use Spitzers approach to gather national attention to himself. Spitzer got himself elected governor of the state from having a reputation of going after companies for their records on the environment, treatment of customers, and general business practices. One of his best achievements was getting settlements with some big wall street firms over poor investment advice and manipulating stock prices. The SEC did not do anything to the companies but impose a "slap on the writs" fine, Spitzer got restitution paid to affected customers.

Cuomo wants national attention to the same issues, hoping to follow Spitzer to higher office. The question of if Spitzer or Cuomo would run for the Senate if "you know who" gets elected president.

So, no specific law that makes sprint pay any ETF, but Cuomo will probably go after them in hopes of getting a settlement for sprint customers that were state residents and were terminated with no notice. Sprint will probably pay something and then start a policy of giving a warning letter before a final termination letter is sent, to give the customer a chance to correct the issue before service is stopped.

With wireless becoming more and more a replacement for a standard landline phone (with the wireless industry pushing it with family plans and unlimited mobile to mobile calling) their will be more regulation on terminations in the future. Verizon (landline) can not terminate you because you used too many long distance minutes on your "unlimited" long distance package, nor can they terminate you because you called in for repairs to be made to the "network" wiring to remove static from your line. They can only cancel your service if you do not pay your bill, or in rare cases if you are harassing and abusive to their phone support rep's. Calling in too many times to get an error or problem corrected will not get you canceled because their are regulations against that.

[DJRider]

Originally Posted by Dan

Cuomo is going to use Spitzers approach to gather national attention to himself. Spitzer got himself elected governor of the state from having a reputation of going after companies for their records on the environment, treatment of customers, and general business practices. One of his best achievements was getting settlements with some big wall street firms over poor investment advice and manipulating stock prices. The SEC did not do anything to the companies but impose a "slap on the writs" fine, Spitzer got restitution paid to affected customers.

Cuomo wants national attention to the same issues, hoping to follow Spitzer to higher office. The question of if Spitzer or Cuomo would run for the Senate if "you know who" gets elected president.

So, no specific law that makes sprint pay any ETF, but Cuomo will probably go after them in hopes of getting a settlement for sprint customers that were state residents and were terminated with no notice. Sprint will probably pay something and then start a policy of giving a warning letter before a final termination letter is sent, to give the customer a chance to correct the issue before service is stopped.

With wireless becoming more and more a replacement for a standard landline phone (with the wireless industry pushing it with family plans and unlimited mobile to mobile calling) their will be more regulation on terminations in the future. Verizon (landline) can not terminate you because you used too many long distance minutes on your "unlimited" long distance package, nor can they terminate you because you called in for repairs to be made to the "network" wiring to remove static from your line. They can only cancel your service if you do not pay your bill, or in rare cases if you are harassing and abusive to their phone support rep's. Calling in too many times to get an error or problem corrected will not get you canceled because their are regulations against that.

You hit the nail right on the head Dan!

[NM08SRT8]

Careful, not sure if it was stated or not but, someone participated in a Class Action law suite against Sprint and got their Contract renewed for another 2yrs... They didnt read the fine print...