Appleby vs. Sprint NexTel

Appleby vs. Sprint NextelOuch, I got wind of this class action suit today on RCRNews. Sprint is being accused of some allegedly questionable practices and it appears that they’re seeking in excess of 5m dollars. As I read through the complaint it sounds fairly serious but it’s also clear that this is going to hinge on I think the meaning of the word adequate. In almost all of the complaints it seems to boil down to “adequately notify”.

RCRNews accurately quoted one of the complaints in their article today, its #20 in the factual background. But there’s more in the complaint that’s worth mentioning.

Factual Background #20

If that’s not bad enough, it allegedly gets worse. Sprint is also accused of extending consumer contracts by actively marketing existing customer’s new products and services without adequately informing the consumer that acceptance would result in a contract extension.
Factual Background #21

The complaint also alleges that Sprint Nextel…

  • Offered courtesy discounts without adequately notifying consumers that by receiving the discount their contract was extended or a new contract was created.
  • When some consumers have requested a copy of the alleged new contract or evidence there was a contract extension, Sprint allegedly stated that they didn’t have a copy which they insist the consumer is bound and refused to provide a copy of the contract outlining the terms.

Factual Background #22 and 23

Here’s a copy of the complaint (23 pages).