National Class Action Challenges Sprint PCS' Early Termination Fees |
 |
 |
|
|
A national class action has been filed in Florida against wireless service giant, Sprint PCS. The action is brought on behalf of all U.S. residents who have either been charged an early termination fee for canceling their Sprint PCS service, or who have been forced to maintain their Sprint PCS service in order to avoid such early termination fees. The Sprint users allege that Sprint has breached its contract with customers by not providing adequate service and by not investigating problems with service sufficiently. The action is brought under state contract law and state laws regulating unfair and deceptive business practices and seeks compensatory and punitive damages as well as disgorgement of profits and injunctive and declaratory relief.
According to Sprint users, Sprint has continuously provided unsatisfactory service. The Sprint users claim that despite complaining to Sprint on numerous occasions, the problems were never fully resolved to their satisfaction. The Sprint users allege that they frequently experienced dropped calls, patchy reception, missed incoming calls, improperly functioning ancillary services such as text messaging, voice mail and data transfer and excessive breaks in service areas. The Sprint users assert that despite numerous complaints, Sprint required them to either maintaining their service, or pay an early termination fee to cancel their service. The Sprint users further allege that Sprint does not fully investigate complaints, if at all, compounding their dissatisfaction with the service. The Sprint users allege that this conduct constituted a breach of contract because there is a reasonable expectation of satisfactory service when a consumer contracts with a wireless service provider. The Sprint users additionally claim that Sprint's refusal to allow users dissatisfied with service to terminate their contract early result in Sprint's unjust enrichment at the expense of its customers. As Sprint PCS is one of the United State's largest providers of wireless service, it is anticipated that the class in this action will be extremely numerous, comprising thousands and perhaps tens of thousands of consumers.
At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and
settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and
other lawsuits because we are dedicated to helping you resolve your legal complaints.
Other Consumer Products Cases of Interest
Several class actions have been filed against premium bulk wine supplier Golden State Vintners, Inc. (Nasdaq:VINT), and certain of its officers and directors by stockholders who purchased the company's common stock between December 23, 2003, and April 23, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. A class action has been filed against Emerson Radio Corporation (AMEX: MSN) and certain of its officers and directors by stockholders who purchased the company's common stock between January 29 and August 12, 2003.
The class has been certified in numerous consolidated class actions filed against clothier Abercrombie & Fitch Company (NYSE:ANF) and certain of its officers and directors by stockholders who purchased the company's common stock between October 8, 1999, and October 13, 1999. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. Several class actions have been filed against Krispy Kreme Doughnuts, Inc. (NYSE:KKD) and certain of its officers and directors by stockholders who purchased the company's common stock between August 21, 2003, and May 7, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. Superior Court Judge J. Stephen Schuster granted class-action status to a suit against Orkin parent Rollins Inc. that alleges the company failed to uphold its contract to protect homes from termite damage through reinspections and retreatments.
Western Digital Corp. has settled a class action lawsuit alleging that its computer hard drives stored less material than promised by offering free software to about 1 million consumers. Under the terms of the settlement, Western Digital will give away software designed to back up and recover computer files to anyone who bought one of the company's disk drives from March 22, 2001, through Feb. 15 of this year.
|