Premium Data "4g tax" lawsuit starting - Epic 4G General

I've never been one to complain about our $10/mo "Premium Data" add on, but apparently there is a class action lawsuit starting regarding it. The below is the text of an email that was sent out regarding it (and the page at http://www.bursor.com/press/101203sprint4g.html)
If You Purchased a Sprint EVO 4G or EPIC 4G Cellphone, You May Be Interested in a Class Action Lawsuit
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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.
Contact:
Scott A. Bursor
Email: [email protected]
www.bursor.com

IMO, The only thing this will do is raise our rates as Sprint has additional costs arguing with this guy.
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True it will increase costs. But I doubt my phone bill will be +$40/mo more after dealing with this guy which is what I'm paying for now due to 3 Evo's and 1 Epic. I totally support +$10/mo for 4g ... if it was optional. I have no need for 4g though and am highly annoyed at paying this tax. All I want is an Android phone with keyboard and the rest of the guys wanted big screens, we've given them hundreds of $'s this year for something we don't use or want.

Old news, but sprint data is cheaper than everyone else anyway.
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thx for the info. calling tomorrow

You are assuming the 10 dollars is for 4G. I've always thought it was for more or less having a next generational phone. Both the evo/epic encourage people to use data in ways none of the other devices do. Because of the specs, everything is faster, web browsing, multtasking, gaming - even if you are on 3G.
Sprint realized that giving an unlimited buffet to a blackberry user is much different than giving an unlimited buffet to someone using these phones.
It would be interesting if sprint ends up having to release some of this data to explain the fee. Those 1tb montly users may come in handy at that time.
Even with the fee, sprint has one of the cheapest and best data plans around.
Trahloc said:
True it will increase costs. But I doubt my phone bill will be +$40/mo more after dealing with this guy which is what I'm paying for now due to 3 Evo's and 1 Epic. I totally support +$10/mo for 4g ... if it was optional. I have no need for 4g though and am highly annoyed at paying this tax. All I want is an Android phone with keyboard and the rest of the guys wanted big screens, we've given them hundreds of $'s this year for something we don't use or want.
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Trahloc said:
True it will increase costs. But I doubt my phone bill will be +$40/mo more after dealing with this guy which is what I'm paying for now due to 3 Evo's and 1 Epic. I totally support +$10/mo for 4g ... if it was optional. I have no need for 4g though and am highly annoyed at paying this tax. All I want is an Android phone with keyboard and the rest of the guys wanted big screens, we've given them hundreds of $'s this year for something we don't use or want.
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That boils down to how much data you use..if they go Tiered data like Verizon they could charge you $10 a month per GB per phone...so if you don't use much data thats fine..
In the end each person will get like 5$ settlement and the lawyer will get millions in his own pocket..If only they had a limitation on how much these lawyers can get in 1 law suite >.>
Cause these law suites are a lawyers "All you can eat"...not to mention they will end up fighting it for like 10 years..

Trahloc said:
True it will increase costs. But I doubt my phone bill will be +$40/mo more after dealing with this guy which is what I'm paying for now due to 3 Evo's and 1 Epic. I totally support +$10/mo for 4g ... if it was optional. I have no need for 4g though and am highly annoyed at paying this tax. All I want is an Android phone with keyboard and the rest of the guys wanted big screens, we've given them hundreds of $'s this year for something we don't use or want.
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I live in New Orleans and I think the closest 4G city is 350 miles away (Houston). I too wanted an Android phone with a keyboard that wasn't abandoned by the manufacturer for support.
I think it's the principal of paying for something Sprint isn't giving me an opportunity to utilize that irritates me the most. However, I didn't want to drop Sprint (due to plan costs) and I really wanted the Epic. So I gave in.
diego1985 said:
Old news, but sprint data is cheaper than everyone else anyway.
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That is the kicker, they are the cheapest--even with the 4G charge.
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They now have the samsung transform.
I still see justification for the fee even without the 4G. they are effectively lumping us into a high data tier. In reality, maybe they should just make it actually tiered.
nikon120 said:
I live in New Orleans and I think the closest 4G city is 350 miles away (Houston). I too wanted an Android phone with a keyboard that wasn't abandoned by the manufacturer for support.
I think it's the principal of paying for something Sprint isn't giving me an opportunity to utilize that irritates me the most. However, I didn't want to drop Sprint (due to plan costs) and I really wanted the Epic. So I gave in.
That is the kicker, they are the cheapest--even with the 4G charge.
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Sent from my SPH-D700 using XDA App

Tiered would be annoying but livable. Make $40/mo something reasonable with X charge per GB and then past some other reasonable point make it unlimited. But a mandatory charge of $10 for a feature I neither want or use just pisses me off. At least metro pcs had the decency to say "that phone isn't allowed on that plan" when we tried snagging their android phone for the folks using that network. Sprint should do that same, you don't want folks using high end phones on the cheap plans don't allow them on, don't create a fake tax.

Trahloc said:
Tiered would be annoying but livable. Make $40/mo something reasonable with X charge per GB and then past some other reasonable point make it unlimited. But a mandatory charge of $10 for a feature I neither want or use just pisses me off. At least metro pcs had the decency to say "that phone isn't allowed on that plan" when we tried snagging their android phone for the folks using that network. Sprint should do that same, you don't want folks using high end phones on the cheap plans don't allow them on, don't create a fake tax.
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You shouldn't have bought the phone then. Every single person who bought this phone or the evo KNEW that there as a $10/month fee but still bought it because they just HAD to have the newest phones. If the fee is really that big of an issue then you wouldn't have bought the phone. When I bought the phone.I too the cost into consideration and decided that the$10 fee was justifiable and even with it I would still be paying less than ANY OTHER CARRIER for the same plan. People need to stop *****ing just to *****
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Sh0wNuF said:
You shouldn't have bought the phone then. Every single person who bought this phone or the evo KNEW that there as a $10/month fee but still bought it because they just HAD to have the newest phones. If the fee is really that big of an issue then you wouldn't have bought the phone. When I bought the phone.I too the cost into consideration and decided that the$10 fee was justifiable and even with it I would still be paying less than ANY OTHER CARRIER for the same plan. People need to stop *****ing just to *****
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I agree with you right there. Before any ever bought the phone the fees were right there.
I say good luck with the lawsuit. 99% sure you will not get what you want out of it regardless if you win or lose.

Let me clarify one thing... I'm not assuming jack. I read the agreement and I know it's not just a 4g charge. My post was purely informative. Hence "4g tax" in quotations.
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This just end cost all of us more. Some of these lawyers need to be reigned in.
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iil said:
They now have the samsung transform.
I still see justification for the fee even without the 4G. they are effectively lumping us into a high data tier. In reality, maybe they should just make it actually tiered.
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There is no justification without 4G. The reason is you've purchased the phone.... You own it and it's capabilities. It's connection to the internet is a separate issue.
Would you pay more for wired internet service because you have a better graphics card and faster CPU in your home PC?
Tiered pricing?? I don't think Sprint wants that because people will then jump to Verizon or T-Mobile. Both of those carriers still offer unlimited data. TMO might slow down your data speed, if you go over 5GB, but it's still all you can eat.
Sprint's justification for the $10 premium fee is to make a few extra bucks and to cover the cost of what they pay to Clearwire. Clearwire charges $5 per WiMax capable phone Sprint has on it's network. So Sprint had a choice.. Pass the charge along or eat it as part of doing business. Personally, being that Sprint advertises unlimited data, and they're not subsidizing their 4G phones like the other carriers are doing with their top end phones (Have you seen what the other Galaxy S variants sell for on TMO, ATT, VzW, etc?), I think they should have just eaten the $5 (What Clearwires charges them) and also renegotiate their contract with Clearwire to only pay them the fee where Clearwire has service.
Here's another thing. Unlike ATT, Sprint has excess capacity on it's existing EVDO network, so it's not really costing Sprint anything to offer unlimited data on it's 3G network. It just doesn't make sense for Sprint to offer tiered data.

crabjoe said:
There is no justification without 4G. The reason is you've purchased the phone.... You own it and it's capabilities. It's connection to the internet is a separate issue.
Would you pay more for wired internet service because you have a better graphics card and faster CPU in your home PC?
Tiered pricing?? I don't think Sprint wants that because people will then jump to Verizon or T-Mobile. Both of those carriers still offer unlimited data. TMO might slow down your data speed, if you go over 5GB, but it's still all you can eat.
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Verizon plans to go tiered Data as well..as for T-mobile not sure yet..but it might end up all of them going Tiered data...such dumb lawsuit is only going to push them towards tiered data... mostly if Verizon and ATT go that route...
In the end the lawyer will be the only winner...these lawsuits last YEARS...
Sprint's justification for the $10 premium fee is to make a few extra bucks and to cover the cost of what they pay to Clearwire. Clearwire charges $5 per WiMax capable phone Sprint has on it's network. So Sprint had a choice.. Pass the charge along or eat it as part of doing business. Personally, being that Sprint advertises unlimited data, and they're not subsidizing their 4G phones like the other carriers are doing with their top end phones (Have you seen what the other Galaxy S variants sell for on TMO, ATT, VzW, etc?), I think they should have just eaten the $5 (What Clearwires charges them) and also renegotiate their contract with Clearwire to only pay them the fee where Clearwire has service.
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Actually if clearwire doesn't have service sprint doesn't pay them and takes money for themselves..thats what clearwire has been complaining about to sprint...
Here's another thing. Unlike ATT, Sprint has excess capacity on it's existing EVDO network, so it's not really costing Sprint anything to offer unlimited data on it's 3G network. It just doesn't make sense for Sprint to offer tiered data.
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The CEO of Sprint said for now he doesn't see a reason to go Tiered data but if the need arises they will..so take that as you will..
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Overall though the TP2 went for 350$ on sprint...now phones are 200$-250$ top tiered..I say that about covers most of the $10 fee

but what you fail to understand is it is called "premium data":
this includes:
free sprint tv
sprint navigation
unlimited roaming
unlimited data (3g or 4g)
sprint is aware that by owning a 4g capable device (ie epic, evo, shift 4g) that this higher end devices have better capabilities and can actually use 3g faster and better than any other device.
they are also aware that through android (did you think about the fact that all 4g capable devices are android only) there are programs that will allow you to have connection to 3g/4g on your computer via wireless tether or wired tether for free. and instead of filtering out these units, placing caps, or throttling data after it hits a certian point...they give a 10$ fee. instead of going like the other wireless giants and tremendously increasing their rates or placing outrageous caps (seriously a 2 gig cap on the iphone plan att?). and it gives you the ability to connect to 4g whenever you go to a place that has 4g.
so is the charge unfair? i think not.
but then again, this is america, where we can ***** and moan about a hot cup of coffee and make a billion in a law suit.
i honestly believe if you dont like the premium data is "unfair" go to att or verison. seriously, ***** and moan about not getting froyo or something that really matters.

diego1985 said:
Old news, but sprint data is cheaper than everyone else anyway.
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+1
http://forum.xda-developers.com/showthread.php?t=868877&highlight=lawsuit

Sprint played this dumb from the get go, it's their fault. Dan Hesse said there wouldn't be a 4G fee of any kind. Since they did indeed have to charge a 4G fee, they tried to play customers dumb by saying it's a premium data fee because it consumes more data. True, but then why don't phones like Transform, Hero, Pre and other smartphones get the fee, because I don't see them consuming any less data just because they don't have 4G.
But quite frankly, I think anyone who participates in this lawsuit is dumb and should be banned from signing contracts.

iil said:
You are assuming the 10 dollars is for 4G. I've always thought it was for more or less having a next generational phone. Both the evo/epic encourage people to use data in ways none of the other devices do. Because of the specs, everything is faster, web browsing, multtasking, gaming - even if you are on 3G.
Sprint realized that giving an unlimited buffet to a blackberry user is much different than giving an unlimited buffet to someone using these phones.
It would be interesting if sprint ends up having to release some of this data to explain the fee. Those 1tb montly users may come in handy at that time.
Even with the fee, sprint has one of the cheapest and best data plans around.
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I swear something is wrong with you,what specs?Should a gas station charge you more for regular gas if yo driving bmw instead of honda?Should Audi charge you $100 for "awesomness" of the car that you already paid in full for?
Phones get faster every two months,its only right that they get better specs.Yo dont see Vibrant/Fascinate/Captivate charge 10 dollars for their Cpu being able to process data faster?Epic is the same phone as Vibrant.
When I bought my Epic reps said that extra 10 was for a 4G service that was coming in october,but now when I ask them they say "its for Epics awesomoness and fast CPU",so which one is it sprint?
Charging me for fast CPU that I own,lol,sht is beyond ridiculous.
Remember one thing that Pentium 1,2,3,4(with same eathernet card" and beyond all download data at same speed speed and same thing applies for cell phoned.Do Time Warner charge you extra 10 dollars because you have the latest $10000 computer?No.Just to expain this to all you people that dont know no better or falling for sprints bs.

Related

Sprint Premium Data add-on

Here is my conversation regarding the Sprint Premium Data add-on (i.e. Awesome phone, surcharge.):
James: Hi! I'm a live Sprint product specialist. Are there any questions I may help answer for you today?
You: yes
James: What questions can I answer for you?
You: I currently have the everything data family plan with 1500 minutes. If I upgrade to the EVO do I need to change my plan?
James: I would be happy to check if you will have to change your plan with the HTC EVO.
James: Let's move this chat and make it a window of its own. That way, you'll still see this web page while we chat. Please click 'Yes' to move it now.
James: Thank you for moving the chat.
James: The HTC Evo will not require you to change your plan but it will require the Premium Data add-on.
James: A $10 Premium Data add-on will apply allowing customers to take advantage of all that HTC EVO 4G can do.
You: like what for example?
James: This device provides a premium experience like no other and is truly second-to-none. Customers will enjoy unlimited 3G or 4G data with EVO!
You: is 4g service offered in NJ?
James: May I please have your zip code to verify that for you?
You: 08721 and 07724
James: May I please have your zip code so I can check what Mobile Broadband Plans are available in you area?.
James: I'm sorry, about that.
James: Thanks, would you mind holding while I check?
You: sure
James: I'm sorry, unfortunately we do not offer 4G in your area.
You: when do you plan to offer 4g in my area?
James: In 2010, Sprint expects to launch service in multiple markets; however, specific cities have not been announced.
You: so what is the $10 charge for then?
James: Think of this charge as the price for paying for a first-class seat on an airplane. The rich data experience that comes with EVO ownership puts users in a class by themselves.
James: With a 4.3” screen, Advanced Processor and an 8MP camcorder/camera; these features provide capabilities that were previously never available on a wireless device.
You: but that's what the phone does not the service. what does the service provide for that $10?
James: Because we've boosted your data experience with this phone's amazing services and features, you'll need the $10 Premium Data add-on.
This was like trying to nail jello to the wall. As much as I want this phone I don't know if I can justify an extra $10 on top of what I pay for the everything data family plan and an aircard.
logosolos said:
This was like trying to nail jello to the wall. As much as I want this phone I don't know if I can justify an extra $10 on top of what I pay for the everything data family plan and an aircard.
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wifi tether and eliminate a bill, or simply just compare to at&t/verizon prices. still can't beat them.... we sprint customers are spoiled and fail to look at the rest of the cell companies out there
looneylu said:
wifi tether and eliminate a bill, or simply just compare to at&t/verizon prices. still can't beat them.... we sprint customers are spoiled and fail to look at the rest of the cell companies out there
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I concur. We'll see what website activation does for my plan... or if it'll not let me because it's an Evo.
wifi tether and eliminate a bill, or simply just compare to at&t/verizon prices. still can't beat them.... we sprint customers are spoiled and fail to look at the rest of the cell companies out there
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I would just tether except for the fact that I'm locked in a two-year contract with my aircard. I could compare it to at&t and verizon but that's a fallacious argument. I think where my frustration comes in is the fact that they're charging me for 4G service with only a vague promise that I'll get it. But I think what really bothers me is the fact that it just seems dishonest.
I would gladly pay for the 4G service separately if they offered it in my area but I don't see why I have to subsidize other peoples' service.
I feel like everyone who says "Yes" is in a 4G market and everyone who says "No" isn't.
wastingoctober said:
I feel like everyone who says "Yes" is in a 4G market and everyone who says "No" isn't.
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LOL Yeah I guess that kinda makes sense.
i work for sprint and im iffy about the situation im like 50/50 on it does it suck yea but if thats what i have to pay to get unlimited data and for sprint not to **** everyone like at&t then yea **** it why not
I'm not in a 4g market but 10$ is nothing compared to the useless things I spend ten bucks on every day
It really don't matter to me. Don't let 10$ stop you. From this phone
P.S. the sprint online reps is just bots that are program with tags to answer your question if I say the same thing ill get the same answers from them.
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Doesn't it also remove the soft cap on 3g service?
I wasnt thrilled about the extra $10 charge (especially being we have TWO Evo's) and not being in a 4G area but at the end of the month, my bill is still $30 less than with VZW and now my wife has internet on her phone also.
Plus both our phones are rooted and wifi tethered so thats $30 less per phone I have to pay.
logosolos said:
I would just tether except for the fact that I'm locked in a two-year contract with my aircard. I could compare it to at&t and verizon but that's a fallacious argument. I think where my frustration comes in is the fact that they're charging me for 4G service with only a vague promise that I'll get it. But I think what really bothers me is the fact that it just seems dishonest.
I would gladly pay for the 4G service separately if they offered it in my area but I don't see why I have to subsidize other peoples' service.
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Ask Sprint to move the Aircard contract over to the $30 a month HotSpot tether. That way you can decrease you monthly expenditure by 1/2 and still get a good experience with it.
mrmomoman said:
Ask Sprint to move the Aircard contract over to the $30 a month HotSpot tether. That way you can decrease you monthly expenditure by 1/2 and still get a good experience with it.
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Perhaps I'll look into doing that. Thanks for the tip.
From what I understand, the $10 extra that you are paying is for truly unlimited data for both 3G and 4G. Otherwise there is a 5GB limit (supposedly) for 3G. I know of a couple of people who have gotten this phone who are going to dump their home wired internet service and just WiFi tether from their rooted phone.
With 2GB caps announced at AT&T and rumors of Verizon following suit, be glad you can get truly unlimited Internet. Just wait until the Netflix app comes out and you will start streaming HD through your phone and outputting it over micro HDMI to your big screen TV.
The possibilities of this phone is staggering.
ChrisDos said:
With 2GB caps announced at AT&T and rumors of Verizon following suit, be glad you can get truly unlimited Internet.
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exactly, but for how long? i'm content with paying $10/mo for unlimited data, but if sprint decides to start tiered pricing in a few months, i'll be upset.
I know... Sprint has always been good to me which is why I use them. Much better than AT&T or Verizon as far as their billing practices go and service. I had an AT&T rep at the mall tell me that they offer "unlimited data service up to 5GB." I then had to explain to him what unlimited meant.
Sprint also tried to downgrade my unlimited plan for my aircard when I upgraded to they're new WiMax device. They waved that carrot in front of my face for free and I took it, hook line and sinker. Then I called them up and went ballistic and they changed it back cause I've been with them a long time.
I was told and have posted this a couple times now, the $10 fee isnt for a service, thats right not a service, not $10 for 4g/3g/extra data we may, or may not use.... the $10 extra is, to put it simply, for the device(evo) and im not complaining(yet) I'd pay an extra 10 a month for it for a while without being to pissed off, but after this 1st year i may start complaining a little
$10 to lose the cap
I live in Atlanta in a 4g market. 4g does not quite make it in my house or anywhere at work unless I am standing next to the window.
I have downloaded 1.5GB over the past 3 days, over 3g only so I am happy to not have the 5gb cap.
My data averaged 6GB on my T-mo MyTouch3G, they allow up to 10GB so it was no problem there either.
gabemeyers said:
I was told and have posted this a couple times now, the $10 fee isnt for a service, thats right not a service, not $10 for 4g/3g/extra data we may, or may not use.... the $10 extra is, to put it simply, for the device(evo) and im not complaining(yet) I'd pay an extra 10 a month for it for a while without being to pissed off, but after this 1st year i may start complaining a little
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So the $10 monthly fee isn't even for the service it's for the phone itself... nice. Has that ever happened before in the history of phones?
I'm not renting or leasing it. I bought it. I am paying Sprint for the service. And now I'm paying them a monthly charge to use a good phone? No thanks. It looks like a slippery slope to me.
I think I'll stick with my Hero.
ChrisDos said:
With 2GB caps announced at AT&T and rumors of Verizon following suit, be glad you can get truly unlimited Internet. Just wait until the Netflix app comes out and you will start streaming HD through your phone and outputting it over micro HDMI to your big screen TV.
The possibilities of this phone is staggering.
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Your right. Most of the 4 major carriers are cracking down on they data. att and verizon will soon cut or charge more for data. att already took out unlimited data.
Be happy that sprint really stick to they word and give you "simply everything"
Yes Simply Everything but EVO unless you pay an extra 10 bucks.

Perhaps a legitimate reason for the $10/mo EVO fee

Just a thought I had today, but since the $10 fee did seem to come out of no where, but sometime after they said the 4G would be free at CITA, and since they haven't expressly said it was for the 4G data...
Perhaps, they knew the first batch of phones were going to have the screen problem, as well as other problems, but they found out after they had several thousand/hundred thousand made, thus knowing they were going to have to replace a hell of a lot of phones within a month or two and with this so-called "Prem Data Fee" they could regain some of the money for replacing all the early adopters phones.
I don't have the screen problem...yet, but I'm going to be exchanging mine because the speaker is half blown or something in the earpiece.
Any takers on the idea?
Doubt it, but it's definitely an excuse to pad their pockets a bit more, since Sprint has the lowest margins across all post-paid providers.
I was thinking more along the lines of the stupid amount of data we are going to be using on these phones with 4g. on 3g alone i've used 350mb in 3 1/2 days (i love it) Honestly this 3g is really fast, faster than verizon and t-mobile thus far (speed test prove it). I get better signal is area that my verizon phone does, but that might because its a storm 2 ()
Interesting theory, but I think it's a bit far fetched. I truly think the $10 is for unrestricted data usage, which I am thoroughly enjoying.
I for one hope they plan to use the extra money to strengthen and expand the 4G coverage.
It is a little bit far-fetched, but you never know. Last minuet stuff always happens and companies might make drastic measures to compensate themselves.
It was just a thought, especially since they've never actually said the fee was for the data, it's for the phone experience, which directly links it to the phone, if you go by what they say the fee is for.
why is everybody obsessed with this fee
the reason the fee exists is because the market will bear it.
whether that makes you happy or sad is on you
strung said:
the reason the fee exists is because the market will bear it.
whether that makes you happy or sad is on you
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Strung you are boosting the IQ of the forum with answers like these
Lord knows we need all the help we can get since I'm on here bringing us down
Probably the same ideology as to why AT&T ditched the unlimited data plan right before or when the iPhone 4 was announced.
Sprint needs customers and since the EVO is going to be one major source of income and/or data usage...they probably decided to implement a fee for unlimited 3G/4G data usage while keeping the unlimited plan available. When you think of Sprint, you immediately think "SIMPLY UNLIMITED EVERYTHING!"
What I say or think really doesn't matter...the $10 fee is mandatory so there is no use in trying to fight it or be sneaky about trying to get out of paying it.
I am glad I have this fee and no soft cap. I have used 1GB+ in the last 6 days. I get to laugh at ATTs new customers about their 2GB cap hahahaha.
engagedtosmile said:
I am glad I have this fee and no soft cap. I have used 1GB+ in the last 6 days. I get to laugh at ATTs new customers about their 2GB cap hahahaha.
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But why? According to AT&T, a majority of its customers wouldn't even come close to the 2GB cap and do not need unlimited data
I was always under the assumption for the charge that you can hook the evo up to any computer via usb and use it for internet access.
eck0728 said:
I was thinking more along the lines of the stupid amount of data we are going to be using on these phones with 4g. on 3g alone i've used 350mb in 3 1/2 days (i love it)...QUOTE]
That's exactly what Dan Hesse said the fee was for.
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Well, just an update...
The Sprint store said that my speaker was wacko for sure, and when I checked the other two phones we have tonight, both of their screens are raising up. What find strange is, mine got 10x the usage over the last week than the other two did and mine doesn't have the screen problem...yet.
Anyhow, I guess Sprint will be sending us 3 new phones.
i am rooted using wifi tether and i dont feel the least bit bad for it.. they are going to screw me for an extra 10 bucs a month im going to get my monies worth..... take that sprint.
I plan on returning my Evo tomorrow. I don't care how much data you use, they shouldn't offer a unlimited data plan if they don't like you using unlimited data. I have filed a complaint through the FCC and encourage everyone here to do so as well. This is deceptive advertising, and an unlawful fee. The name of the fee is "premium data plan" but other than the 6 people that live in a 4g network, it is a "right to own the Evo fee". You DON'T have to pay it, you SHOULDN'T be paying it. I am never passionate about anything ever, but this one really puts me over the edge. http://esupport.fcc.gov/complaints.htm.
Thank goodness I don't pay it... well not really. 10$ off from the IO conference.
bigough13 said:
I plan on returning my Evo tomorrow. I don't care how much data you use, they shouldn't offer a unlimited data plan if they don't like you using unlimited data. I have filed a complaint through the FCC and encourage everyone here to do so as well. This is deceptive advertising, and an unlawful fee. The name of the fee is "premium data plan" but other than the 6 people that live in a 4g network, it is a "right to own the Evo fee". You DON'T have to pay it, you SHOULDN'T be paying it. I am never passionate about anything ever, but this one really puts me over the edge. http://esupport.fcc.gov/complaints.htm.
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Click to collapse
Why did you buy a 4g phone if you don't live in a 4g area?
rutter9 said:
Why did you buy a 4g phone if you don't live in a 4g area?
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Click to collapse
I got the phone for the hardware, and android. I want to go to T-Mobile for the HD2, but it lacks the 8mp camera, no WiFi tether, and WinMo, yuck. I understand the fee in 4g areas, but they can't justify the fee for any other area. Call/email them, they sound like idiots trying to explain why we're being charged $10. "Rich data experience" (3g network?), "1ghz processor", "YouTube hd", "android operating system" are all the reasons I have gotten. I can provide email proof. The fee is a scam, not premium data.

What do you think of this?

http://www.androidpolice.com/2010/12/09/sprint-taken-to-court-over-10-monthly-premium-data-fee/
i think its stupid. Sprint is the only carrier that is giving us unlimited access through 4G.
If you look at the data plans being offered by the other carriers, we're getting such a good deal. Take a look at the proposed plans for Verizon's LTE network, you have a data allowance of only a few gigs for a lot more than we're paying Sprint.
I don't mind paying 10 bucks a month for a service that I use. I mean I use a lot of data every month, and I live in an area where I get 4G so 10 bucks a month for unlimited access is fine by me.
JSarella said:
i think its stupid. Sprint is the only carrier that is giving us unlimited access through 4G.
If you look at the data plans being offered by the other carriers, we're getting such a good deal. Take a look at the proposed plans for Verizon's LTE network, you have a data allowance of only a few gigs for a lot more than we're paying Sprint.
I don't mind paying 10 bucks a month for a service that I use. I mean I use a lot of data every month, and I live in an area where I get 4G so 10 bucks a month for unlimited access is fine by me.
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Click to collapse
I agree with you. I use the 4g service as well, but ill be moving soon to an area that doest have it. I'm still going to pay the 10 dollar fee because I'll still be close to an area that has it.
Now I wasn't to happy at first about the 10 dollar fee because of how they explained it to me, but I'm fine now since we aren't going to a data tiered payment scale and I've been using it for a while.
Some people always look for something to complain about. I could probably give the people who are suing a free table and they would complain about the color.
Sent from my shoe, I mean....Epic shoe... I mean Samsung Epic!
I think it's a pretty stupid lawsuit. People should have already known what they are getting into when shopping for phones, 4g data maps are posted. It shows where 4g is and where it isn't. As for me I'm happy paying the extra 10 bucks a month for actual unlimited data through 4g data, and not being charged an extra $.05/mb over 5gigs. You will be surprised how much data is used playing cod online.
But I see this as people being on a 300min/month plan going over and then complaining about the charges, or being on a 600min/month plan and complaining about the minutes not being used. People just want to find ways to complain and make money off others, but who am I to say it's wrong to do so.
Just my 176kb's from my 4G Epic.
Im not paying that layer a damn thing by calling him. It will be nice to give me 15% off my phone bill though sprint lol.
I think the charge is justifiable.. only for those in 4g areas though. I'm paying 10 extra a month for something I don't have access to.. that's entirely unjust.
Sent from my SPH-D700 using XDA App
Here's my $.02. I live in an area that just recently has gotten 3g fairly consistant, 4g is doubtful anytime in the near future. I was "sold" this $10 plan by a rep who told me that even though I don't have 4g, having that plan gives me faster data. She also told me that the epic syncs more than my than my Moment because it has a more advanced operating system.. lol.. I argued with her point for a while, but ultimately knew I was forced into the plan. I just hate the lack of training and knowledge people at the stores have. Why not raise everyones data plan or phone plan a dollar.. think how much more money that would generate than 10 bucks from 4g phone owners.
Dex
Edit: I just realized that since 2007 this is my first post.. Talk about lurking...
My only complaint is that we should be given a choice to opt out of the 4g plan - many people don't live anywhere near a 4g tower.
And what about the folks who want the hardware capabilities of a galaxy s phone but don't need the 4g features? Does Sprint recommend that they switch carriers?
Sent from my SPH-D700 using XDA App
is EVERY sprint customer this much of a PITA? there isn't one of us that doesn't have some type of corporate discount on our plans.. the plans are CHEAP compared to other carriers.. maybe 20-40 less/month for an individual plan and you only pay 50-100 bucks more up front for a phone.. and 4g is expensive to provide. it's not that they can just go to a tower and click the 4g switch and its there. i work at a sprint store and evvveerrry day get people asking why they have to pay the ten a month.. usually a minute before or after they tell me how 4g isn't everywhere. if you want it to work everywhere, it's gonna cost money. not fair for people that don't have 4g devices that just talk and text.. or worse.. the old folks on the 30 dollar basic plans to cover our share of data
think about it.. we're on a sight dedicated to getting the most out of our phones. we use more data than the active user.. deal with it or get NOT the coolest phone in the world
cepppptt.. a group rate for a family plan would be nice - like att/verizon does texting for 20 a month per or 30 for up to 5.
XtaC318 said:
I think the charge is justifiable.. only for those in 4g areas though. I'm paying 10 extra a month for something I don't have access to.. that's entirely unjust.
Sent from my SPH-D700 using XDA App
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Click to collapse
Ditto.
Sent from my SPH-D700 using XDA App
enispenvy said:
is EVERY sprint customer this much of a PITA? there isn't one of us that doesn't have some type of corporate discount on our plans..
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Click to collapse
I do not have a corporate discount at all. Not even a small discount. And I live in a 4g black hole. There is a small area 120mi north of me that has coverage and I don't go there. Why do I have to pay full price on my plan plus $10 for something I can't use?
Sent from my SPH-D700 using XDA App
kenvan19 said:
I do not have a corporate discount at all. Not even a small discount. And I live in a 4g black hole. There is a small area 120mi north of me that has coverage and I don't go there. Why do I have to pay full price on my plan plus $10 for something I can't use?
Sent from my SPH-D700 using XDA App
Click to expand...
Click to collapse
So that they can build a few more towers in my area. Its ridiculous, I only get like 2 bars of 4g everywhere I go.
I think the lawsuit is a waste of taxpayer money. Those that are complaining about the fee shouldn't have a device that requires it. You signed a contract that clearly disclosed the fee and no matter what the fee is for or how fair you think it is you voluntarily chose to pay the fee by purchasing and activating a phone that requires it. No one made you do that.
I am offended that the money I am required to pay in taxes with out any choice in my part is being used so a bunch of idiots can try to get the government to change something they choose to pay. I bet many of these same people will be the first ones to say that they pay too much in taxes or the government doesn't spend their money wisely.
Sent from my SPH-D700 using XDA App
Who is suing the government? No one. I didn't call the number but I still think its wrong that just because I wanted a good phone I have to pay an extra $10 a month because it can do something I have no access to.
Sent from my SPH-D700 using XDA App
There is no question that it sucks, but you are basically "investing" in Sprint's/Clearwire's rollout of 4g. Eventually 4g will be "free", which means the cost will just be folded into all plans.
kenvan19 said:
Who is suing the government? No one. I didn't call the number but I still think its wrong that just because I wanted a good phone I have to pay an extra $10 a month because it can do something I have no access to.
Sent from my SPH-D700 using XDA App
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Click to collapse
Agreed I live in Louisiana where there is no 4g coverage. I'm paying for nothing cause I don't use any more data than my Samsung Moment. And to the post three above me, you think the government spends your money wisely? You sir, are mentally challenged.
Sent from my SPH-D700 using Tapatalk
kenvan19 said:
Who is suing the government? No one. I didn't call the number but I still think its wrong that just because I wanted a good phone I have to pay an extra $10 a month because it can do something I have no access to.
Sent from my SPH-D700 using XDA App
Click to expand...
Click to collapse
I never said anyone is suing the government. I said that this is a waste of our taxpayer money. You do know that we the taxpayers pay for the courts where the case will be tried, don't you?
I also never said that the government spends money wisely. I said the same idiots that think sprint should be sued over this are probably the same ones that would cry that their taxes are too high and that government doesn't spend money wisely.
Why do people think that they should use the tax payer supported court system to go after sprint when they could have easily just not bought a phone that required the fee? This attitude that because you think something that you agreed to is unfair, that we the taxpayers should fund the judge, jury, court room, and other infrastructure is what is truly unfair. Because see, the rest of us taxpayers don't have any choice but to fund the court that will hear this stupid lawsuit while you had a choice to not pay the fee but getting a diffetent phone. Those that participate in this lawsuit are the ones that are being unfair to the rest of us taxpayers.
Sent from my SPH-D700 using XDA App
Sprint says it's for a more robust experience due to things like the super fast 1ghz processor and what not. What does the processor speed have to do with 4G and if the $10 fee isn't for 4G, as Sprint says, why is it only charged on phones that have 4G capabilities?
Personally, I think they should make 4G access an opt-in thing like they do with the Hotspot feature. Especially since Wimax is pretty much non existent for most people. And even where it is available, there's to many holes. Holes as in it doesn't work (To me it doesn't work if the access is spotty or the speeds aren't any better then their 3G service) once you walk into most builds/homes and who wants to stand outside to just use 4G?
Based on Sprints reason on why they charge a $10 fee on their 4G phones, why is everyone paying a monthly fee when they've already paid for the phone upfront? It's not like the Epic or Evo are priced like the Optimus.
BTW, from that I read, I think Sprint pays $4.50 to Clearwire for every 4G capable phone but is currently trying to renegotiating their contract with Clearwire to only pay the fee on phones sold in 4G areas. It seems to me Sprint feels is unfair to pay for something that's not available for all their phones, but wants it's customers to do what they don't want to do themselves.
raylusk said:
I never said anyone is suing the government. I said that this is a waste of our taxpayer money. You do know that we the taxpayers pay for the courts where the case will be tried, don't you?
I also never said that the government spends money wisely. I said the same idiots that think sprint should be sued over this are probably the same ones that would cry that their taxes are too high and that government doesn't spend money wisely.
Why do people think that they should use the tax payer supported court system to go after sprint when they could have easily just not bought a phone that required the fee? This attitude that because you think something that you agreed to is unfair, that we the taxpayers should fund the judge, jury, court room, and other infrastructure is what is truly unfair. Because see, the rest of us taxpayers don't have any choice but to fund the court that will hear this stupid lawsuit while you had a choice to not pay the fee but getting a diffetent phone. Those that participate in this lawsuit are the ones that are being unfair to the rest of us taxpayers.
Sent from my SPH-D700 using XDA App
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Click to collapse
So I should be penalized for wanting to have a good, powerful phone. I see. Clearly, I chose this phone because it was a good phone not because it had 4g. I argued for an hour with the sprint rep and told him that I did NOT agree with the charge nor did I accept his bull**** about it coming soon to my area. At every step of the way, I have been clear with Sprint that I wanted a powerful phone but do not care about 4g. How can I contest the charge? Cancel my service and pay a cancellation fee? How is it not a violation of my rights as a consumer to force me to pay a fee for wanting a good phone and have my only other option be a hefty cancellation fee? As a fellow tax-payer I am offended by your unjustified self-righteousness.
Yes, the government pays for the courts, I'm quite aware of that. But they pay for every case of someone claiming "whiplash" in a car accident when the reality is a person just trying to screw the insurance company. They pay for every case where someone who is breaking into a home gets injured and sues the homeowner. I deserve my justice much more than those people and the hundreds of millions of others who abuse the judiciary system. And you don't deserve to ***** about it. =)
It's pretty simple folks, you want a "premium" phone then you pay the "premium fee" nobody forced you to buy the phone but if you did then you agree to pay any associated fees. End of discussion
Sent from my SPH-D700 using XDA App

Premium Data rate changes

Basically, all NEW smartphone activations and anyone upgrading to a smartphone will be netting the extra $10/mo charge for a true unlimited amount of data consumption. If you're currently on a regular smartphone and not a 4G one, you'll be getting this new $10 fee for true unlimited data on your next upgrade if you choose to go with any BB, WM, Android, Palm/WebOS, and Instinct phone.
All-in-all, this isn't surprising and completely justified. Even WITH the $10 extra, your plan will still be cheaper than other carriers AND you'll have uncapped data. Provided you don't get a very good discount on another carrier but you'd still wind up with some kind of data cap. Now naysayers can't complain about paying for 4G when they don't have it. It is what Sprint has always been saying it is - a fee for truly unlimited data not a 4G tax.
http://newsroom.sprint.com/press_kits.cfm?presskit_id=21
wonder how long until this affects current customers?
Is imagine it wouldn't affect you until you renew your contact through an upgrade.
So this really doesn't affect Evo owners as they are already paying the $10/month charge?
jblazea50 said:
So this really doesn't affect Evo owners as they are already paying the $10/month charge?
Click to expand...
Click to collapse
no it won't affect us. we've been paying that charge since the release of the evo.
cosine83 said:
Basically, all NEW smartphone activations and anyone upgrading to a smartphone will be netting the extra $10/mo charge for a true unlimited amount of data consumption. If you're currently on a regular smartphone and not a 4G one, you'll be getting this new $10 fee for true unlimited data on your next upgrade if you choose to go with any BB, WM, Android, Palm/WebOS, and Instinct phone.
All-in-all, this isn't surprising and completely justified. Even WITH the $10 extra, your plan will still be cheaper than other carriers AND you'll have uncapped data. Provided you don't get a very good discount on another carrier but you'd still wind up with some kind of data cap. Now naysayers can't complain about paying for 4G when they don't have it. It is what Sprint has always been saying it is - a fee for truly unlimited data not a 4G tax.
http://newsroom.sprint.com/press_kits.cfm?presskit_id=21
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Click to collapse
Call us Nay Sayers or whatever you want. The 10$ was originally ONLY on 4g phones, so yea I complained. I don't have 4g here.
Don't give me the "unlimited" thing, how is my HTC Evo any more "unlimited" than my HTC Hero? Because it's a little faster? No.
This fee is fine, it actually is only fair.
This may be the last straw for me. Im already pay a extra $10 for 4G i dont even use...sprint can call it whatever they want(unlimited data). But now your going to add this fee to my wives old Blackberry Curve. Unacceptable!
david279 said:
This may be the last straw for me. Im already pay a extra $10 for 4G i dont even use...sprint can call it whatever they want(unlimited data). But now your going to add this fee to my wives old Blackberry Curve. Unacceptable!
Click to expand...
Click to collapse
i agree. it's only for new customers though. if it ever affects current customers, then i'm sure you'll be able to break you contract with no fees.
i'd be okay with this charge if they had 3g everywhere. my area still only has 1x, so there isn't anything premium about 1x that's for sure.
W t h this will add another 30$ to my bill now he'll I pay 197.00 a month atm
from my phone duh
wonder if this will have anything to do with sprints "big announcement" on the 7th
free mobile hotspot maybe?
jkinnison90 said:
wonder how long until this affects current customers?
Click to expand...
Click to collapse
When you upgrade your phone with your yearly upgrade and renew your contract it will affect you. Regardless if it's a 4G phone or not. So long as it has one of the smartphone OSes on it, it will get that $10 addition for uncapped data. But, if you're on a non-4G phone now and don't plan to upgrade then you won't get this charge even when you renew your contract, judging by the language.
Now only if my Evo could operate at 3g speeds that would be freaking awesome.
FYI: 70Kbps is not acceptable for 3g speeds, wtf.
Yea, it would have been more consumer friendly just to raise rates 10$ and do away with the premium data fee altogether. People get pissy about extra fees.
If they did that then it would be a way out of your contract for sure. They don't want that.
Sent from my PC36100 using XDA App
I think they do it as a fee because then it's not affected by any plan discouts, i.e. it remains $10 flat.
If that's what it takes to avoid some insane tiered data plan than I'm on board with that. Actually sorta surprised by this.
SWYPED from my SUPASONIC
Why are u current users freaking. It specifically says NEW or upgrading. Just sounds like their getting ready for some more phones on the EVO level. Not to mention balancing all the free tethering going on.
Sent via HTC Supersonic: EVO 4G
will this allow evo owners to break the 2 year contract?
noxipoo said:
will this allow evo owners to break the 2 year contract?
Click to expand...
Click to collapse
This won't affect anyone with an Evo.

Sprint increasing 3G data plan pricing by $10/mo

WTF is this all about ?
http://www.engadget.com/2011/01/18/sprint-increasing-new-3g-data-plan-contract-pricing-by-10-call/
The nation's third-largest carrier just announced that it's tacking on an extra monthly $10 "premium data" charge to its 3G Everything data plans.
Now only if my Evo could operate at 3g speeds that would be freaking awesome.
FYI: 70Kbps is not acceptable for 3g speeds, wtf.
Learn to read. It's only for new customers and new smartphone activations via upgrades. If you don't upgrade then you don't get the charge.
cosine83 said:
Learn to read. It's only for new customers and new smartphone activations via upgrades. If you don't upgrade then you don't get the charge.
Click to expand...
Click to collapse
But won't I get whacked for this new $10 charge when I upgrade to the EVO 2 this June ? So will EVO 2 charge me $10 for 4G + 10$ for 3G too ?
cosine83 said:
Learn to read. It's only for new customers and new smartphone activations via upgrades. If you don't upgrade then you don't get the charge.
Click to expand...
Click to collapse
Still a slap in the face. That means when your contract is up and you buy that new phone, you are also paying 10$ more (can anyone confirm if this is added onto the 10$ we pay for 4g?).
I'm pretty sure if you have a 4G phone that comes with a $10 charge anyway, you'll just keep paying the same additional $10. I think this extra $10 is only for people on 3G phones. So basically, everyone's paying that additional $10 now.
The "4g" fee now applies to all smartphones, that's all.
Sent from my HTC EVO
js2393 said:
I'm pretty sure if you have a 4G phone that comes with a $10 charge anyway, you'll just keep paying the same additional $10. I think this extra $10 is only for people on 3G phones. So basically, everyone's paying that additional $10 now.
Click to expand...
Click to collapse
it can't get much clearer then this people, so no if you have a 4g phone you won't be paying $20, you only be paying the $10 that we already are, this additional fee is just for regular 3g phones.
Yeah. The are starting to see $ signs and possibly getting greedy. I'm going to follow this thread so I can see the same people claim that it's all lies.
The funny thing is I was talking to a rep yesterday about the new upgrade policy and brought up the $10 premium data. I asked her how come an HTC Hero doesn't have the charge and it accesses the same internet and it considered close to the Evo aside from 4G. I even told her that I would expect Sprint to make that charge mandatory on all phones being that they are seeing they can get away with it with current Evo owners.
That's the price you pay for a smartphone nowadays.
Wouldn't a better marketing strategy be to just incrrease the cost of the Everyting data plan to $79.99 and $139.99? Even with the increase Sprint's plans are the best out there. Extra charges piss me off though.
Ddt928 said:
Wouldn't a better marketing strategy be to just incrrease the cost of the Everyting data plan to $79.99 and $139.99? Even with the increase Sprint's plans are the best out there. Extra charges piss me off though.
Click to expand...
Click to collapse
that would make more since honestly, but then what about the 4g phones then, lol, since a single line for the evo is already 79.99, that would be like tacking on another $10 on that so they could say it's a whatever fee, then someone ends up paying 89.99, cause they didn't realize they are getting screwed more then normal, though i would hope and think sprint would say the evo would only be 79.99 as any other smartphone would be.
So I guess its clear now that the David Blaine thing on the 7th is for making more of your money disappear along with premium status.
brownhornet said:
So I guess its clear now that the David Blaine thing on the 7th is for making more of your money disappear along with premium status.
Click to expand...
Click to collapse
Same thing I was thinking.
Well all you "4g premium fee" complainers. Not so unfair you have to pay an extra 10 bucks anymore? LOL. Part of me is wondering if this is their way to make the 4g phone lineup more appealing..."you're gonna pay a premium anyways, why not have the ability to use 4g just in case we decide to roll it out in your city...as long as we don't go broke before then."
Welcome to the (give us money) NOW network!
my guess is that their announcement has to do with adding new cool phones that are 3G.
iphone could be a possibility, but maybe they'll say they allow any CDMA phone on their network.
illwafer said:
my guess is that their announcement has to do with adding new cool phones that are 3G.
iphone could be a possibility, but maybe they'll say they allow any CDMA phone on their network.
Click to expand...
Click to collapse
http://m.engadget.com/default/artic...-unlocking-phones/&category=mobile&postPage=1
Sprint already had a lawsuit over this. You "should" be able to put iPhone from Verizon on sprint. Quoting a Rep.
Sent from Evo powered by CM7
aray92 said:
http://m.engadget.com/default/artic...-unlocking-phones/&category=mobile&postPage=1
Sprint already had a lawsuit over this. You "should" be able to put iPhone from Verizon on sprint. Quoting a Rep.
Sent from Evo powered by CM7
Click to expand...
Click to collapse
Funny, when I was on the phone with a Sprint rep last month getting my unlocked EVO activated the lady said they can activate phone 'as long as its labeled with the Sprint logo'. I figured she was wrong or lying but I just wanted to get off the phone.
It's about to get worse. There are rumors that Sprint is going to drop the Premier Upgrade every 12 months program. That they will NOT give Sprint Premiere customers the rebates until their two year contract is up. IF this is the case I will be leaving Sprint as soon as they announce this. They just can't get out of their own way. One of the main reasons I stay with Sprint is because of their annual upgrades. It would not shock me to see Sprint file bankruptcy if they start to implement all these idiotic plans.
http://www.sprintusers.com/forum/showthread.php?t=216413
http://community.sprint.com/baw/thread/58531?start=0&tstart=0&reqsorting=dec
The thing that sucks about this and might be the reason why they just didn't add $10 to plans is that corporate or work discounts do not apply to these fees and only towards the base plan. I was mad when they took the discounts off the $19.99 additional lines.
I won't leave Sprint over this because they are still cheaper, especially with our work discount but I guess I have no reason not to get my wife a 4G phone. I was hoping to save some money since we get 4G at work but not at home and she wouldn't use 4G anyway.
However, if this happens in addition to the Sprint Premier changes, I am going to get really mad for getting screwed in two places.
As long as my data is still unlimited i'll be happy. I don't come anywhere near 2gb or 5gb but if they start screwing around i'll say screw it and buy a damn contract free phone. I like my mobile internet but what they're all doing now is getting a little silly.
They have to raise prices as needed but they should've just upped the whole plan without a $10 tack on. The whole point of Sprint's pricing scheme is to keep it simple for people. That was one of the biggest reasons I came to sprint this year. That and the EVO of course

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