Looks like Sprint's $10 per month "premium data" fee (I like to call it the "4G tax") is coming back to bite them - a class action lawsuit was recently filed against the carrier.

Customers of the HTC EVO 4G as well as the Samsung Epic 4G may be "interested to know" that they can call the law offices of Scott A. Bursor at 646-504-7781 to confirm that they have indeed been charged the $10/month fee. His plaintiffs' argument is that Sprint's customers are already promised unlimited data within the $69.99 "Simply Everything" package.

Thing is, while the plaintiffs certainly do have the right to sue, I have my doubts about this here lawsuit making it anywhere. See, these customers (myself included) were given a fair warning about the additional charge before making the purchase, and while that doesn't make the fee justifiable, it does make it legal, since no sneaky business was conducted behind our backs. Now, had Sprint presented its subscribers with unjust fees (as they have done before), we would be looking at a different situation entirely. However, the fact that they gave us all a fair warning ahead of time makes it legal (if morally questionable) in my mind.

Full announcement:

A class action lawsuit was filed alleging that Sprint customers that purchased the EVO 4G or EPIC 4G cellphones are being charged a $10 monthly “Premium Data Add-On” fee, despite the fact that these customers had already paid for unlimited data usage under their existing Sprint calling plans.

Law Offices of Scott A. Bursor, www.bursor.com, is investigating claims that these charges may be improper.

If you purchased a Sprint EVO 4G or EPIC 4G cellphone, we would like to hear from you so we can investigate whether you incurred this charge, how many customers have been affected, and whether there may be valid legal claims for a refund. Please contact us by responding to this email or by calling us directly at (646) 504-7781.

About Law Offices of Scott A. Bursor

Scott A. Bursor, has represented plaintiffs in class action lawsuits against Sprint and other wireless carriers since 2002. Many of these cases are discussed in detail at www.bursor.com.

Jaroslav Stekl
Jaroslav Stekl is a tech enthusiast whose favorite gadgets almost always happen to be the latest Android devices. When he's not writing for Android Police, he's probably hiking, camping, or canoeing. He is also an aspiring coffee aficionado and an avid moviegoer.

  • Donato Orlando

    I agree. Sprint told me upfront if you want to buy this phone that has access to our 4G network then you gotta pay $10 extra a month. Whether I like the fee is a whole different argument that we won't have here. Will I be calling this lawyer? Of course not, why do I want the lawyer taking money I paid away from Sprint that could be used to make my service better and keep it for himself.

    • Chris Ponciano

      not only that, but blood sucking ambulance chasers who sue for crap like this will likley charge you 500 bucks just for that call. most cases like this that actually go through end up paying out the arse with lawyers feed, and they charge like 4 hours to read a 1 page paper, talk about raping with unjust fees...

    • http://www.bursorsux.com Jesse

      Simply everything plan is $99.99 get your facts straight. Once again people talking about something they absolutely have no idea about.

      • Devan

        There is a simply everything data plan for $69.99. Do your own research.

    • RL

      If Sprint was up front about the extra $10 I would have no problem with it, but when I purchased my Epic 4G Oct 2010 there was never any mention of an extra fee neither verbally nor in writing. I have a CONTRACT saying "unlimited data" for 69.99 a month. I didn't find out about the extra fee til a couple weeks ago when I noticed it started showing up on my statement back in March (auto-draft payments so I rarely check the bill). So I think they deserve to get sued. What's the point in having a CONTRACT otherwise?

  • Chris Ponciano

    ok, good and bad, mostly bad, whenever someone complains it allways ends up with more rules.

    I am more than happy to pay the extra
    $10 bucks to remove my 5gb data cap, which is what the "premium data" fee is, whether it should be mandatory is a bit of a problem, but its not much for what it gives me, esp when you tether and download like a real power user.

    If you read the contract the 4G is "included", and since we dont get 4G yet (your blowing it sprint!) it makes legal sense to charge it as it is, however making it mandatory doesnt make much sense, as since we dont have 4G yet its pretty hard to meet that 5gb cap that most would have if they didnt pay the $10 bucks. trust me ive tried, it takes ALOT of work at current speeds, i would tether to my whole class for hours, and stream video for hours at a time and barely make it.

    as for the suing, i doubt they will get very far since you mentioned they let us know beforehand, as well as just about all "unlimited" plans from any other carrier, has that little asterisk next to it pointing to the limited data cap.

    in the end if this does go through i tend to think pessemistic and assume that sprint will pull the "fine then, its a 4G fee, and heres your data cap just like those sucker verizon users..." which makes it useless to have 4G

    • jon3169

      There is no cap on 3g, that is only for data cards not phones.

  • David Ruddock

    This guy specializes in class-action lawsuits, mostly with cell companies. He's a one-man band - and I think he's really making a stretch here.

    I don't see any misleading advertising on Sprint's part ("Unlimited Data" for ANY provider is not implicative of the speed at which that data is provided), and frankly Sprint has been very honest about the fact that there IS a $10 4G service surcharge.

    There is nothing immoral about charging people for a premium service - it may lose customers or take advantage of early adopters, yes, but I don't see that Sprint has done anything to warrant legal liability.

    If Sprint feels that, somehow, this guy has a case (highly unlikely), there'll be a settlement.

    A settlement would involve:

    -Cash amounting to a little more than what every customer has paid for 4G service to Sprint thus far

    -A changing of the name of the "Unlimited Data" plan to "Unlimited 3G" or something similar to avoid future suits.

    Fun fact: Sprint is currently appealing a ~$300 million judgment this guy won against them at trial court for ETF's in California in 2008, with Sprint's appeal still pending.

    If they haven't settled with him on that, they sure as hell aren't going to go down easily on this, either.

    • SiliconAddict

      "Sprint has been very honest about the fact that there IS a $10 4G service surcharge."

      At NO point has Sprint said that fee was for 4G. And if it was why was I being charged for 4G in an area around my house where there was no 4G until early November.
      They have been playing musical chairs as to what the fee was since day one.

      • http://www.AndroidPolice.com Artem Russakovskii

        Exactly - it's a premium device charge, not a 4G charge, as specified by them multiple times. Their own reps can't even answer the question adequately and prompted a lot of confusion and uproar back in the day.

        • David Ruddock

          Interesting. So then there's a contractual ambiguity as to what the term really means.

          Of course, I don't see how this has actually financially *wronged* someone, other than causing confusion, which isn't a dollar value - that's the key thing they'll have to show if there's going to be a chance in this suit being legit.

          If anything, the ambiguity might cause people to hesitate buying a device.

          If there are consumers who believed they were getting one thing (4G) as an implication of the premium service, and then didn't, then this case has legs.

          So maybe it will be going somewhere.

        • http://www.AndroidPolice.com Artem Russakovskii

          I think there will be lots of cases when someone who was buying the phone was explained that there would be an extra charge for 4G (mistakenly, due to poor employee training, or to get the sale), without being properly informed about the 4G coverage. It happens all the time, I'm sure.

  • Rick

    But if there is NO 4G is the customer home service area, then Sprint should not be charging the 4G tax.

  • TheNinja

    Donato Orlando, I agree. Everybody who signed up clearly knew about the $10 fee. What a bunch of crybabies and whiners. STFU or cancel your account and go elsewhere.

    Having said that, I have been enjoying 4G in San Jose, CA and Santa Clara, CA for over two weeks.....despite the fact that it hasn't been released yet. ;-)

  • http://www.slipshft.com Slipshft

    You don't have to take the premium plan for the extra $10. Sprint is deferring some of the costs for using Clearwires network with this fee.

    • SiliconAddict

      In which case they should have stopped being coy about the damn cost and just said this is a fee for 4G. But no. Depending on who you talked to it was either because of the hardware that could eat more data, or the 4G, or the screen size because of course if you have a bigger screen you are going to do more with it. *rolls eyes* or because of the processor.
      Oh and then there was the fact that I was being charged for this "premium data" when I didn't have 4G in my area which is even more BS.

      • http://www.AndroidPolice.com Artem Russakovskii

        Exactly. If you need more supporting evidence, check out http://explainthefee.com - this guy has been trying to get to the bottom of the $10 fee for months, and has a lot of information showing just how ridiculous the explanations might get.

  • SiliconAddict

    Sprint told me up front about the fee. They sure as hell didn't tell me what the fee was about and that might be a leg for them to stand on. Seriously. You talk to the reps in the store, talk to the folks on the phone. Everyone had a different story, hell I don't think Sprint knew what their reason for the charge was. Premium data my ***. Someone said it was because of the processor at one point. Then why was the Nexus not being charged this fee since it has the same processor...**crickets**

    • willie

      maybe because the nexus isnt on sprint???

  • KE4RZ1

    Sprint told all of us that there is a premium data charge with the 4G phones such as the EVO I bought back in the summer. The problem is that many of us were told that 4G would be available shortly. Well some cities got it and some didn't and I'm in one of the areas that didn't so I think they should not charge me the $10 until they provide 4G service to my area and refund the money you have already taken. That is fair and a jury would probably think the same thing.

    Furthermore, did cellular companies charge more when 3G came out? Are the other phone companies charging more for 4G service? 4G will be the new norm and should not mandate a premium fee for it since it will become the norm.

    • RockinEvo

      I agree I really don't mind spending the extra 10 if I was able to use 4g, but since I can't it's like I'm getting rob everytime I see the bill. Who really wants to pay for a service that they can't use, to make it even for everyone that has a 4G phone is to only charge the fee by location the bill is sent 2 if your area has the coverage to connect to 4G pay for the service and if your not don't charge

  • Roman

    Anybody know who started this lawsuit? I would surley like to meet him and or her and punch him and or her in the throat!
    Its people like this that made me leaves all the forums.

    • SiliconAddict

      Meanwhile I'd like to shake their hand and buy them a drink. Since day one Sprint hasn't been remotely honest about what the charge was. One person says premium data....which they couldn't define. If premium data = 4G then why was I being charged where I had no 4G. If premium data = what is being pulled down by the phone because of the processor, then why wasn't the Nexus being charged the same $10 fee? Same basic speed in non 4G areas. Then you had some people claim its because its a premium Phone. Which makes no god damn sense since what happens when the next phone comes out and this one is depreciated...are they going to drop that $10 charge....NOT.
      If Sprint had put their cards on the table and said hey. Guys this is for building out our 4G network. Then I think a lot of people would have shrugged and moved on. Instead they played they coy games of what is defined as "premium data". It got old really fast and is the direct cause of this suit.

  • http://twitter.com/gamercore Chris Chavez

    I've been waiting for someone to finally do this since day one!
    How can Sprint charge me (and all 5 people on my family plan) $10 for 4G that I don't and most likely will NEVER have!?
    If its because of my phone being more likely to use more data because of the processor and having Android then there are other phones on Sprint w/similar specs and running Android (Transform). Not only that but there will be new phones next year that will have similar screen sizes, same processors and running Android. I can bet, unless they have 4G they won't have the same fee.

    Let be honest. The fee is for 4G. No getting around it. If its because Evo's are more likely to use more data then Sprint has tiered data (unlimited and unlimited+). It was always a 4G charge until Sprint found out they couldn't roll out 4G everywhere and had to back track.

    If I don't have 4G in my area, I shouldn't be paying an extra $50 a month on my family plan. Straight up. I hope something comes of this lawsuit and I'm all for it.

    • http://www.AndroidPolice.com Artem Russakovskii

      To be honest, +1, but only because Sprint didn't explain anything and didn't lay anything out. Obscure, ridiculous charges the explanations for which don't make any sense is what got them into this trouble - if they were reasonable and upfront about them in the first place, we wouldn't be here today having this discussion. I am a loyal Sprint customer, but out of principle, I'm on the opposite side from Sprint here.

  • okcnyyfan

    I agree with you Chris but the way I am reading this is Sprint is being sued for them misrepresenting their unlimited plan. Since WiMax is not Sprint's network and they have to pay Clear. If this is a 4G fee, from a business stand point everyone with a 4G capable phone must pay the extra because they have the possibility to travel to a 4G area and use the service. Sprint's problem here is they never said clearly what the fee was for. Kind of like what at&t does when you drop your SIM in an iPhone, even for 5 minutes, you get billed for the iPhone data plan that month.

    • http://twitter.com/gamercore Chris Chavez

      Great point. I suppose it makes sense if I drive 1 hour to LA I could get 4G. Fair enough. I think they should treat it like WiFi hotspot. Let people decide if they want to use it and charge them for that.

      Still its dumb that Sprint is saying its not for 4G when we all know it really is...

  • Pasteur

    I don't mind paying that extra $10 a month prior to purchasing the phone's you are warned about that fee.I think people just wants to find someone to sue!!! The only problem I have is that there's rumors out there that clear is running out of money building out the network!! I want my $10 that im paying goes toward building out the network!! Come on stop complaining Sprint by far has the best plans $69.99 call any network unlimited. Who else gives that??Any idea what Verizon will charge for their 4G phones. i bet its not going to be $10 for their network it would def be more then that!!Sprint has a head start and can use that to their advantage!!! The problem i see is that the deployment of wimax is very slow. The other is that wimax is capable of greater speed of what is being offered!! Sprint get the speed better and the competition would have nothing on you!!!Wimax is capable of hitting 50mbps and wimax-2 300mbps!!

  • aj

    This is stupid. I'd rather pay the 10 extra a month and not have a data cap. Anyone who supports this guy's ploy is an idiot. I'm perfectly happy with my Evo's plan at Sprint.

  • Scott

    The very first time I heard about the $10 4g "tax" I literally said "well that's going to cause a class action lawsuit" - as it should.
    I think Sprint makes it very clear that if you get a 4g phone then you pay $10 extra per month - but what I don't think they make clear is that they expect you to pay $10 for 4g service EVEN WHEN IT IS NOT AND MAY NEVER BE DEPLOYED IN YOUR AREA. And don't give me any BS about the fact that someone MIGHT use it while traveling to another area that has it. The average consumer has a reasonable expectation that by paying $10 extra per month for 4g service on a 4g phone that they would actually receive said service.
    Not to mention that Sprint has less of an incentive to get Clear to deploy when Sprint will literally make MORE money by not providing the service.
    And if you're still not convinced, all while taking your $10/month in cities with no 4g WiMax, Sprint is going to arbitration with Clear because Sprint refuses to pay Clear for users outside Clear's WiMax coverage - even when Sprint is charging those same customers for 4g service that they can't get.
    Sprint Nextel (NYSE:S) has initiated an arbitration process with Clearwire (NASDAQ:CLWR) over a dispute between the two companies regarding the money Sprint pays Clearwire for Sprint’s WiMAX-capable smartphones, the HTC Evo 4G and the Samsung Epic 4G.
    According to Clearwire, several hundred thousand Evo and Epic subscribers currently use their phones outside of Clearwire’s coverage area. Clearwire argues that its wholesale agreement with Sprint calls for Sprint to make monthly payments to Clearwire for those devices, despite the fact that the gadgets aren’t connecting to Clearwire’s WiMAX network. Sprint appears to disagree, and has taken Clearwire to arbitration to hammer out the details.

    The issue is notable because Sprint CEO Dan Hesse has hinted that Sprint might provide additional funding to Clearwire. Clearwire is struggling to finance its ongoing operations, and has delayed market launches and cut its workforce as a result. The company has said it is exploring funding options that could include a sale of its unneeded spectrum.

  • Me

    Someone should look into this lawyer's actions and see if he is following the rules for professional conduct -- seems a bit frivolous.

    It would be nice to have the legal community police itself a bit and stop worrying about things people have not complained about.

  • Adam

    So, Sprint has no problem charging me $10 a month for a service I can't get, but refuses to pass on some of that to the very people who would be providing me that service? Sprint should get their asses sued, if not by the customers, but certainly by ClearWire.

    • willie

      sprint pays clear a fee on every 4 g radio wether its in a 4g area or not. do some research.

      • Scott

        Apparently that is what they agreed to...but not what Sprint is, in actuality, doing - looks like you're the one that needs to do some research.

        But at the end of the day, how much - or whether or not Sprint pays their vendor has absolutely no bearing on their legal responsibilities while marketing to and charging customers for Sprint service.

        It is, however - in my mind at least - creates a little bit of a PR problem and absolves them of any sympathy they might have otherwise had from me or others who are paying $10 per unit per month for a fee that quite obviously in theory is "for 4g service" even though no such service exists in their service area.

        If they were, in fact, directly applying the $10 fee towards build-out in areas still waiting that would be one thing - but it appears they're just taking that as straight profit and have created a situation where they have a direct financial disincentive to deploying service. Obviously there are customer satisfaction and marketing ramifications were they to delay more than necessary, however the bottom line is that they would net $5-$6 less per account after deploying (assuming that they don't lose their arbitration).

        Start said research here:

        Sprint Nextel (NYSE:S) has initiated an arbitration process with Clearwire (NASDAQ:CLWR) over a dispute between the two companies regarding the money Sprint pays Clearwire for Sprint’s WiMAX-capable smartphones, the HTC Evo 4G and the Samsung Epic 4G.
        According to Clearwire, several hundred thousand Evo and Epic subscribers currently use their phones outside of Clearwire’s coverage area. Clearwire argues that its wholesale agreement with Sprint calls for Sprint to make monthly payments to Clearwire for those devices, despite the fact that the gadgets aren’t connecting to Clearwire’s WiMAX network. Sprint appears to disagree, and has taken Clearwire to arbitration to hammer out the details

  • Fedup

    If you are too stupid to read/hear that Sprint will be charging $10/month, then you are too stupid to own a "smart" phone.
    It's the lazy scumbags who expect everything to be free, and the worthless lawyers who file these class-action's, that are killing the free market system in America.

    • Fedup with you

      STFU bitch.

  • I Get It!

    I wasn't happy about the $10 charge on my 4G phone, but I get why Sprint needs to do it. I travel to KC and St. Louis 1x or 2x/mo. When I'm there, I get 4G service. Even with the $10 add-on, it's still cheaper than the other carriers and no data download cap to boot. The 4G speeds are awesome and I'd rather have access to them when I'm in 4G coverage than not.

  • flight01

    I'm not upset about paying $10 fee to own a evo/epic. Because the evo and epic are far superior to anything sprint has and with their low plans still makes them cheaper then the competition. What i'm mad about is the different reasons why we have to pay the fee. Some people say its a device charge and others say its for 4g. If its a device charge then thats fine but if it has anything to do with data then their is a moral issue here. Cuz with any smart phone with sprint u usually have to have an unlimited data plan. So taking on a data fee to a plan thats already supposed to have unlimited data is wrong. Sprint needs to change the definition of the fee to being a smartphone device fee not a premium data fee.

  • H A

    Hi I just want the HTC EVo phone, no the 4G service charge ,they should give the option to get the phone with out the 4G service.

    • Attila

      good news, , get the HTV EVO Thunderbolt :)

  • Vin Caruso

    Sprint is like a car co. that sells you a car and charges you for Toll Roads you may or may not use in advance.

    Who cares if you'll use the toll roads, pay as you go.

    They have no right to charge for a service you may not even use. The Android phones can or can not use the data service, it is a choice not mandatory. The device works well with WIFI and no data line.

    Antitrust may be more appropriate.

    We want to upgrade our phones but cannot without a data line! Total BS.

    • chris ponciano

      yeah maybe, but I may or may not make phone calls with my EVO, should I not have to pay for cell phone service either? It should be optional but its not. deal with it. Im tired of hearing all the whining from people who don't even have a 4g phone

  • Attila

    Simple everything .. and a bit more..Crap I wanted to purchase a family plan, that means I have to pay $20+tax more on the plan for the service , what isn't available my city. Sprint should correct this " greedy fee" or they will lose new costumers! I just read the HTC EVO Thunderbolt will be with Verizon, so I will buy my family plan there. Thank You Sprint!!

    • RockinEvo

      LOL and you think you will find a cheaper plan at Verizon, good luck chasing that dream

      • Attila

        I already did , mr Sprint agent... I don't care a stupid amazing 4G, I don't care a stupid unlimited text message , what is makes people dumb, and turn this country to Idiocracy , I only care a data plan. So get lost ...

      • savnnah

        Go to Wal-Mart and get the straight talk phone with Verizon towers only $48.00 per month with all you want to use.... I have an attorney working on Sprint for the illegal stuff they did to me.

  • Attila

    When you go to the gym, they want to charge a $100 sign up fees, I asked ones" I came here to use your service not the other one cross the street, so why you want me to pay a fee for sign up?"
    The guy looked at me, and he said, no I don't just nobody asked before, I can wave it , no problem. If you were stupid to pay a $10 fee for a service you can't even use it ,don't judge others are smarter than you and have a brain to ask "why"?
    This is a shame for Sprint, and bad strategy , day by day better and better android phones shows up, so be patient and wait till 01/06/2011 ;)

  • ChicagoNetTech

    So what is the additional $30.00 fee to be able to make your phone into a hot-spot? When I bought my HTC EVO 4G phone, I was told I would be able to use it to connect my laptop to the internet, via bluetooth, anywhere I could acquire a Sprint data signal.

    Not only is the 4G totally unreliable in the Chicago area - running at 3G or less when there is anything less than a sunny sky, but when I tried to connect my laptop via the tethering service the first time I got an error message. After calling Spring, I was told I needed to subscript to that service for an extra $30.00 per month.

    Sorry, I will stop at McDs or another free provider for the few times a year I might need emergency access to my business servers via my laptop. There is no way in hell I am going to ever give Sprint another $30.00 per month, plus access charges, plus fees, plus taxes, plus made-up profit charges, just to use my laptop for an hour or two each year.

    • Reese354

      this is the PERFECT reason why I rooted/hack my Samsung Epic 4G. Because im not gonna spend $30 on wifi that I can get for free once my phone is rooted. Evo usersthat wanna kno about rooting your phones go to htcevohacks.com btw by rooting your phones or following these guides myself & everyone else is NOT responsible if you brick your phone. Also all my Samsung Epic 4G users go here
      this is the PERFECT reason why I rooted/hack my Samsung Epic 4G. Because im not gonna spend $30 on wifi that I can get for free once my phone is rooted. Evo usersthat wanna kno about rooting your phones go to htcevohacks.com btw by rooting your phones or following these guides myself & everyone else is NOT responsible if you brick your phone. Also all my Samsung Epic 4G users go here


      From there search the forum about rooting your 4G & search for Mobile AP (access point) this app will replace our Sprint hotspot & this way we get free hotspot. Htcevo users do the same and DON'T update the firmware to aviod sprint and htc to patch up from where your phone can be rooted

  • me

    ????? >?KKKKKKK

  • Rayna

    I have also had multiple responses from Sprint representatives about what exactly the "Premium data charge is". One says because of the bigger processor and potential for customers using it, so therefore they must sustain the 4g network. Another tells me it's for 4g service. I am confused, so if it something to do with the phone, than why is a recurring monthly charge? It should be in the phone's price, and/or in an activation fee, that way the actual purpose of the charge is in writing and clearly shown to customers. If it is a service charge, than why am I paying for 4g when they have been telling me for over a year that there should be 4g in san diego, ca shortly!!!!! I do love the unlimited plan, thats the ONLY reason I switched to Sprint, and the fact that ANY company can just make up charges as they go along is scary to me. We have to be careful about these things, because even though it may not be abused now, if legalities allow for even just one company to do business like this, it will attract the opportunity for more to. I would have been okay with them raising the monthly plan prices for NEW customers after this decision was made. I would even support the charge if it was available in my city, but that is NOT the case. I will be awaiting the results of the trial, or any trial that finds justice for both the business and the customers, sprint makes a ton of money since their unlimited plan only to add on more charges? and NOT pay the people who are developing the network. Sounds like Sprint shouldn't have publicized such an awesome 4g network, and had their employees tell me it would be available shortly in my city, b/c that's just selling tactic bullshit! HA! and my most recent call to customer service got dropped twice!! yet i am paying $150 a month, while husband is on deployment and doesnt even use samsung epic except for the camera!!?? (epic is NOT an international phone) My bill used to be $115!!!! WTF sprint?? My whole family has had sprint/nextel for more than 15 years!! Go ahead, put a cap on the data!! but guess you should have thought of that before, b/c you will either have to only do it for new customers or lose a ton of the customers who only signed a contract with sprint for the unlimited data. and whoever the idiot is who said everything data is $99.99 need to double check before responding to other people, b/c I have everything data for $69.99 (sprint offers different amount of minutes for landlines, but everything data has multiple plans and prices, and still get unlimited data)

  • Jay

    I've had the EVO since august '10 and have never once been able to use 4g. I live in massachusetts, 15 minutes south of boston. My buddy just bought the Thunderbolt about a month ago from verizon and was showing off how fast 4g is. I was just like "Must be nice. Wish I knew the feeling of 4g. I only know what it's like to pay for it. Not experience."

  • http://www.kinnacorp.com K2

    First off, when this was written it applied to the Evo and 1 or 2 other phones. The class action is not only to stop that but was to stop it from spreading to other phones not (some in which are not 4G).

    Sprint wants all their customers regardless as to whether they want 4G, can even get 4G in their area or even have a 4G phone to help pick up the cost.

    Since Jan 2011 all new activations, add ons and/or upgrades (all smartphones regardless of 4G coverage or capability of the phone to use 4G) are now charged that additional 10 dollars. Sprint says its to help offset the over all data costs yet they said the same when asked about surcharges.

    The point is regardless if this is a Data charge or a Surcharge, they are double charging and falsely advertising their pricing, details and not stating any restrictions (caps, speed restriction, phone restrictions, etc) on their unlimited data. That is wrong and in some respects, possibility illegal.

    In summary, Sprint wants to "look" like their plans are cheaper than other carriers and in many aspects they are however with surcharges, tax, and now this premium data charge (being charge to every smartphone user who got their newest smartphone after Jan 2011) its just a way Sprint thought they could charge more but not raise their plan prices. In reality though, its a plan increase and under its current verbage (based on Sprints definition of the charge) it is also double charging.

  • rEnEe

    ive been with sprint for 10 yrs... & they have had their sneaky ways for a long time, charging me for calling 3 numbers within the same min!!! now $10 for every smartphone on your account!! (not just the evo & epic) not to mention I dont even get 4G n my area!!

    creature of habit & they have the best family pricing, so im not goin anywhere...


  • Rob

    I'm trying to remember if there was a $10 Premium Data Fee when I first bought the EVO 4G. Don't recall. At any rate, it's a Premium Data Fee and not exclusively a fee for 4G service. If it were for 4G service I would have any issue because the closest 4G is 45 minutes away by car. I don't think the $10 lifts the 5GB data cap as has been suggested in another post here. Basically, let's face it; Sprint charges an extra $10 for some of the goodies like Nav and such. I don't specifically have an issue with the extra $10, but perhaps Sprint should spend some of that cash on better training. If their field personnel could explain things better and more consistently then perhaps customers would be less confused and fewer lawsuits would arise.

  • Eddie Ace

    $10 is Bad. But if I don't want Premium Data ($10) why can I just opt out? Oh waite, you can't elimate Premium Data, it's the unlimited internet (data). I spoke to a Sprint rep. and they told me its for Premium Data, so since, I am in Puerto Rico, were there is no 4G yet, how can you chage me for something I don't have? No answer, just we can not waive the fee.

  • Robertoverdugo1

    Im still paying for somthing that
    I dont use. I feel like an idiot paying sprint
    for somthing that doesnt exist in my area.
    What a rippoff.