Eric Barkwell, et al., v. Sprint Communications Company Settlement Website
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Eric Barkwell, et al., v. Sprint Communications Company Website

A Settlement has been reached in a class action lawsuit alleging that Sprint improperly disclosed and/or collected certain monthly charges from its individual customers that are referred to as “Sprint Surcharges.” Sprint denies all of the claims. The Court has not decided which side is right.

Who's Included? The Settlement Class includes all current and former consumer accountholders who, from January 1, 2007 through October 8, 2013, were charged or subject to Sprint Surcharges. The Settlement Class does not include governmental or corporate accounts.

There is also a Sub-class, entitled the "Fee Notice Sub-Class," that is limited to Persons holding Individual Liable Accounts who were subject to Sprint Surcharges and who did not receive notice of Sprint Surcharge increases. It is not possible to define that Sub-Class precisely by date, but Sprint has identified the approximately 2.3 million members of this Sub-Class by account number and has developed lists by account number of the persons that make up this class. For guidance and notice purposes, the Sub-Class members generally fall into one or more of the following categories:

  • Individual Liable Accounts that were opened on or after November 11, 2007, and on or before December 31, 2007;
  • Individual Liable Accounts that were on suspension on November 11, 2007, but that were subsequently reinstated;
  • Individual Liable Accounts that were opened on or after October 5, 2008, and on or before December 31, 2008;
  • Individual Liable Accounts that were on suspension on October 5, 2008, but that were subsequently reinstated;
  • Individual Liable Accounts that were opened as new accounts in Sprint retail stores in 2009;
  • Individual Liable Accounts that were opened on or after November 8, 2009, and on or before December 31, 2009; and
  • Individual Liable Accounts that were on suspension on November 8, 2009, but that were subsequently reinstated.

What Are the Settlement Terms? All Settlement Class Members will receive the Prospective Relief set forth in the Settlement Agreement, which includes changes to the manner in which Sprint Surcharges are disclosed. In addition, Fee Notice Sub-Class Members will have the option of selecting a Cash Benefit of up to $1.00 per qualifying account, or certain other Non-Cash Benefits in accordance with the Settlement Benefit Rules in the Settlement Agreement. Fee Notice Sub-Class Members can submit a Claim online here or by mail. The Claim Deadline is March 24, 2014.

Your Rights May Be Affected. If you do not want to be legally bound by the Settlement, you must ask (in writing) to be excluded from the Settlement Class by February 24, 2014. If you do not exclude yourself, you will release claims that were or could have been made against Sprint with respect to Sprint Surcharges. If you stay in the Settlement Class, you may object to the Settlement by February 24, 2014. The Court has scheduled a hearing on April 10, 2014 to consider whether to approve the Settlement and a request for attorneys' fees, costs, and expenses of up to $500,000 and incentive awards to the Class Representatives of up to $10,000. You can appear at the hearing, but you do not have to. You can hire your own attorney, at your own expense, to appear or speak for you at the hearing.

Case Relevant Event Date
Opt-Out Deadline February 24, 2014
Objection Deadline February 24, 2014
The Claim Filing deadline March 24, 2014
Final Approval Hearing April 10, 2014 at 9:30 am, in Judge Land's Courtroom at the U.S. Post Office and Court House, 120 12th Street, Columbus, Georgia, 31901