Please do not call or write to Sprint Nextel, their attorneys or the Court regarding this settlement.
UPDATE: Please be advised that settlement checks began mailing on July 17, 2013 and will continue mailing through July 23, 2013. If you filed a claim for a cash benefit, you should receive it by the first week of August. If you are expecting a check and do not receive it, please contact the Claims Administrator at [email protected] or call 1-800-916-6940. Settlement benefits for credits to existing debts and for long distance calling cards will be distributed throughout the coming weeks.
What is this settlement about?
A proposed national settlement has been reached in a class action proceeding alleging that Sprint, Nextel and/or Sprint Nextel’s use of a flat-rate Early Termination Fee (ETF) in its customer wireless agreement violate the Federal Communications Act and consumer protection laws of the states and of the United States. Sprint Nextel denies any liability or wrongdoing but has agreed to settle under the terms of the Settlement Agreement. The case is entitled Larson, et al. v. Sprint Nextel Corporation, et al., Civ. Action No. 2:07-cv-05325 (JLL-ES), filed and decided in the United States District Court for the District of New Jersey, located at 50 Walnut Street, Newark, New Jersey.
A copy of the Settlement Agreement is available by clicking on Settlement Agreement. The capitalized terms used here have the meanings as in the Settlement Agreement.
Where can I find the settlement?
The Settlement can be found online on http://www.sprintetfsettlement.com/ pdf / setf1stip.pdf. You would need a software called Adobe Reader for this. If your device does not contain Adobe Reader, you can find them online on websites like torrents. You can find the free list of torrent clients here.
How do I know if I am part of the Class?
The certified class (the Settlement Class) consists of:
All Persons in the United States who are or were parties to a personal fixed-term subscriber agreement for a Sprint, Nextel and/or Sprint Nextel Wireless Service Account for personal or mixed business/personal use, whether on the Sprint CDMA network or Nextel iDEN network, or both, excluding accounts for which the responsible party for the Wireless Service Account is a business, corporation or a governmental entity, entered into between July 1, 1999 and December 31, 2008 and whose claims relate in any way to an Early Termination Fee or use of an Early Termination Fee in a fixed-term subscriber agreement, and/or use or propriety of a fixed-term subscriber agreement whether the term was for the initial fixed-term subscriber agreement or subsequent extensions or renewals to the fixed-term subscriber agreement for whatever reason and/or who were charged by or paid an Early Termination Fee to Sprint, Nextel and/or Sprint Nextel, excluding only the Ayyad Class Claims and Persons whose right to sue Sprint Nextel as a Settlement Class Member is otherwise barred by a prior settlement agreement and/or prior final adjudication on the merits. The Settlement Class includes Persons who were subject to an ETF, whether or not they paid any portion of the ETF either to Sprint, Nextel and/or Sprint Nextel or to any outside collection agency or at all, and includes persons who are prosecuting excluded claims to the extent such persons have claims other than those expressly excluded. Also excluded from the Class are members of the judiciary, Defendants, any entity in which they have a controlling interest, and their officers and directors, and the members of their immediate families are excluded.
Please click on the links to the left of this page for more information. The Long Form Notice, Settlement Agreement, Final Order and Final Judgment are conveniently labeled to view for additional information.
What are the terms of the Settlement?
Sprint Nextel has agreed to pay $14 million into a Common Fund. Sprint Nextel will also provide up to $3.5 million in Non-Cash Benefits. The Common Fund shall be distributed to Claimants after deduction of attorney’s fees, incentive awards, and costs of notice and administration of the settlement. Under the settlement, Settlement Class Members submitting an Approved Claim will receive a choice of benefits, including either a full or pro rata distribution based upon a number of factors that are set forth in four (4) categories. Some of the factors are whether an ETF was paid, only charged and when the service agreement was terminated.
What do I need to do to participate in this settlement?
Submit A Claim Form:
If you wish to participate in the settlement you may complete an electronic claim form by on clicking the menu to the left or receive a hard copy claim form in the mail by calling 1-800-916-6940. Please refer to the Long Form Notice and the Settlement Agreement to determine if you qualify for a benefit and the amount of any such benefit. Pursuant to the terms of the Settlement Agreement, the deadline to submit Claim Forms (except for claimants seeking Category IV benefits) is Saturday April 17, 2010. All Claim Forms (except for Claim Forms submitted by claimants seeking Category IV benefits) must be electronically filed or postmarked by April 17, 2010. (As per the Settlement Agreement, the deadline for submitting a Category IV benefit Claim Form is January 1, 2011). Please note that benefits under the Settlement Agreement may not be distributed until any and all appeals regarding the Court’s approval of the Settlement have been exhausted or resolved. Click on Order, Opinion or Final Judgment to view.
For additional information, including the settlement documents, you can contact the Claims Administrator via e-mail at [email protected] or by calling 1-800-916-6940.
What do I do after I file my claim?
There will be a summary page at the end of the claim filing process that you can print and save for your reference. New information may be posted on this website when available; please check back here regularly for updates. You may also obtain additional information about the Settlement, and information about deadlines, by telephoning 1-800-916-6940, or writing the Sprint ETF Settlement Administrator, c/o Gilardi & Co., PO Box 6002, Larkspur, CA 94977-6002.
Please remember to not call or write to Sprint Nextel, their attorneys or the Court regarding this settlement.
[Note: All documents are in the .PDF format. To view the documents you will need the Adobe Acrobat Reader. Click on the icon on the left to download the Acrobat Reader.]