Related
Definitely another fraudster scammer
Note the horrible english and only an email address on hotmail for contact info.
These people pi$$ me off. Maybe I'll flood his email box from free anonymous email sites. 13,000 emails, coming right up!
See
http://www.419eater.com
http://www.419baiter.com/
Information quoted from the US Secret Service Web Site.
4-1-9 Schemes frequently use the following tactics:
An individual or company receives a letter or fax from an alleged "official" representing a foreign government or agency.
An offer is made to transfer millions of dollars in "over invoiced contract" funds into your personal bank account.
You are encouraged to travel overseas to complete the transaction.
You are requested to provide blank company letterhead forms, banking account information, telephone/fax numbers.
You receive numerous documents with official looking stamps, seals and logo testifying to the authenticity of the proposal.
Eventually you must provide up-front or advance fees for various taxes, attorney fees, transaction fees or bribes.
Other forms of 4-1-9 schemes include: c.o.d. of goods or services, real estate ventures, purchases of crude oil at reduced prices, beneficiary of a will, recipient of an award and paper currency conversion.
Nigerian Advance Fee Fraud Overview
The perpetrators of Advance Fee Fraud (AFF), known internationally as "4-1-9" fraud after the section of the Nigerian penal code which addresses fraud schemes, are often very creative and innovative.
Unfortunately, there is a perception that no one is prone to enter into such an obviously suspicious relationship. However, a large number of victims are enticed into believing they have been singled out from the masses to share in multi-million dollar windfall profits for doing absolutely nothing. It is also a misconception that the victim's bank account is requested so the culprit can plunder it -- this is not the primary reason for the account request -- merely a signal they have hooked another victim.
In almost every case there is a sense of urgency.
The victim is enticed to travel to Nigeria or a border country.
There are many forged official looking documents.
Most of the correspondence is handled by fax or through the mail.
Blank letterheads and invoices are requested from the victim along with the banking particulars.
Any number of Nigerian fees are requested for processing the transaction with each fee purported to be the last required.
The confidential nature of the transaction is emphasized.
There are usually claims of strong ties to Nigerian officials.
A Nigerian residing in the U.S., London or other foreign venue may claim to be a clearing house bank for the Central Bank of Nigeria.
Offices in legitimate government buildings appear to have been used by impostors posing as the real occupants or officials.
The most common forms of these fraudulent business proposals fall into the following main categories:
Disbursement of money from wills
Contract fraud (C.O.D. of goods or services)
Purchase of real estate
Conversion of hard currency
Transfer of funds from over invoiced contracts
Sale of crude oil at below market prices
The most prevalent and successful cases of Advance Fee Fraud is the fund transfer scam. In this scheme, a company or individual will typically receive an unsolicited letter by mail from a Nigerian claiming to be a senior civil servant. In the letter, the Nigerian will inform the recipient that he is seeking a reputable foreign company or individual into whose account he can deposit funds ranging from $10-$60 million that the Nigerian government overpaid on some procurement contract.
The criminals obtain the names of potential victims from a variety of sources including trade journals, professional directories, newspapers, and commercial libraries. They do not target a single company, but rather send out mailings en masse. The sender declares that he is a senior civil servant in one of the Nigerian Ministries, usually the Nigerian National Petroleum Corporation (NNPC).
The letters refer to investigations of previous contracts awarded by prior regimes alleging that many contracts were over invoiced. Rather than return the money to the government, they desire to transfer the money to a foreign account. The sums to be transferred average between $10,000,000 to $60,000,000 and the recipient is usually offered a commission up to 30 percent for assisting in the transfer.
Initially, the intended victim is instructed to provide company letterheads and pro forma invoicing that will be used to show completion of the contract. One of the reasons is to use the victim's letterhead to forge letters of recommendation to other victim companies and to seek out a travel visa from the American Embassy in Lagos. The victim is told that the completed contracts will be submitted for approval to the Central Bank of Nigeria. Upon approval, the funds will be remitted to an account supplied by the intended victim.
The goal of the criminal is to delude the target into thinking that he is being drawn into a very lucrative, albeit questionable, arrangement. The intended victim must be reassured and confident of the potential success of the deal. He will become the primary supporter of the scheme and willingly contribute a large amount of money when the deal is threatened. The term "when" is used because the con-within-the-con is the scheme will be threatened in order to persuade the victim to provide a large sum of money to save the venture.
The letter, while appearing transparent and even ridiculous to most, unfortunately is growing in its effectiveness. It sets the stage and is the opening round of a two-layered scheme or scheme within a scheme. The fraudster will eventually reach someone who, while sceptical, desperately wants the deal to be genuine.
Victims are almost always requested to travel to Nigeria or a border country to complete a transaction. Individuals are often told that a visa will not be necessary to enter the country. The Nigerian con artists may then bribe airport officials to pass the victims through Immigration and Customs. Because it is a serious offence in Nigeria to enter without a valid visa, the victim's illegal entry may be used by the fraudsters as leverage to coerce the victims into releasing funds. Violence and threats of physical harm may be employed to further pressure victims. In June of 1995, an American was murdered in Lagos, Nigeria, while pursuing a 4-1-9 scam, and numerous other foreign nationals have been reported as missing.
Victims are often convinced of the authenticity of Advance Fee Fraud schemes by the forged or false documents bearing apparently official Nigerian government letterhead, seals, as well as false letters of credit, payment schedules and bank drafts. The fraudster may establish the credibility of his contacts, and thereby his influence, by arranging a meeting between the victim and "government officials" in real or fake government offices.
In the next stage some alleged problem concerning the "inside man" will suddenly arise. An official will demand an up-front bribe or an unforeseen tax or fee to the Nigerian government will have to be paid before the money can be transferred. These can include licensing fees, registration fees, and various forms of taxes and attorney fees. Normally each fee paid is described as the very last fee required. Invariably, oversights and errors in the deal are discovered by the Nigerians, necessitating additional payments and allowing the scheme to be stretched out over many months.
Several reasons have been submitted why Nigerian Advance Fee Fraud has undergone a dramatic increase in recent years. The explanations are as diverse as the types of schemes. The Nigerian Government blames the growing problem on mass unemployment, extended family systems, a get rich quick syndrome, and, especially, the greed of foreigners.
Indications are that Advance Fee Fraud grosses hundreds of millions of dollars annually and the losses are continuing to escalate. In all likelihood, there are victims who do not report their losses to authorities due to either fear or embarrassment.
Yup, these Nigerian spammers have flooded the PPCMag blog too...
My approach is just ignoring every offer / ad that has the word "Nigeria" in it
http://www.androidpolice.com/2010/0...rs-porting-their-numbers-from-other-carriers/
Can someone weigh in on this? I was talking to a friend, wishing that cellphone companies would offer some sort of incentive to switch carriers. I found this just now and was wondering what anyone knew about this credit and/or any incentives for switching carriers. Since I currently have an iPhone something like this would be a boon.
EDIT: Also how does the phone number porting work. If I want to take my AT&T number with me, do I have to contact AT&T first and/or cancel my AT&T plan prior to signing up for the EVO with Sprint. I'd rather minimize downtime.
EDIT: NVM that. Found the info http://www.fcc.gov/cib/consumerfacts/numbport.html That's an easy process.
That would be nice, as I'm coming from T-mobile.
Welp, just got out of a chat with a Sprint CSA on the website. Apparently I'm elligible for the $100 port credit. I'm coming from AT&T.
That'll be nice.
I spoke to a sprint rep and was told the so called port credit was in the form of the $150 you get off the price of the phone. So the evo is 450-150 to get down to the $300 price minus the 100 mir for the final $200 for new customers.
Lindarose84 said:
I spoke to a sprint rep and was told the so called port credit was in the form of the $150 you get off the price of the phone. So the evo is 450-150 to get down to the $300 price minus the 100 mir for the final $200 for new customers.
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This rep misunderstood or lied to you. The 150$ is for anyone who signs a 2 year contract regardless of whether you come from another carrier, or are already on Sprint.
I called specifically asking about any $100 credit for porting over from T-Mobile. They told me that there WAS an incentive being offered to port over but it expired a few weeks ago. The only "credit" available is this $150 discount.
Anyone have concrete info on this?
I talked to a Sprint rep, and they said I would be elligible for it on June 4th. Either way, who cares. When you get it, throw your number in the site and see what happens!
ive been reading its only for business customers but I am definitely gonna try for it
Heres some help guys. After you port your number(s) you have 72 hours to go here:
http://sprintportcredit.com/
What doesn't make sense is the credit for one number per month. I will call when June 4th comes.
I don't buy it.
that website looks MIGHTY fishy to me!
I think they are fishing for people's cellnumbers and email addresses.
Registrant:
Deardorff Communications
887 W. Marietta St.
Atlanta, GA 30318
US
Domain Name: SPRINTPORTCREDIT.COM
------------------------------------------------------------------------
Promote your business to millions of viewers for only $1 a month
Learn how you can get an Enhanced Business Listing here for your domain name.
Learn more at http://www.NetworkSolutions.com/
------------------------------------------------------------------------
Administrative Contact, Technical Contact:
Jones, David [email protected]
Deardorff
887 W. Marietta St.
Suite T-107
Atlanta, GA 30318
US
404-881-6502
Record expires on 09-Sep-2010.
Record created on 09-Sep-2009.
Database last updated on 17-May-2010 21:31:04 EDT.
Domain servers in listed order:
DNS1.NETTICA.COM 64.94.136.11
DNS2.NETTICA.COM 64.237.45.34
droideveloper said:
that website looks MIGHTY fishy to me!
I think they are fishing for people's cellnumbers and email addresses.
Registrant:
Deardorff Communications
887 W. Marietta St.
Atlanta, GA 30318
US
Domain Name: SPRINTPORTCREDIT.COM
------------------------------------------------------------------------
Promote your business to millions of viewers for only $1 a month
Learn how you can get an Enhanced Business Listing here for your domain name.
Learn more at http://www.NetworkSolutions.com/
------------------------------------------------------------------------
Administrative Contact, Technical Contact:
Jones, David [email protected]
Deardorff
887 W. Marietta St.
Suite T-107
Atlanta, GA 30318
US
404-881-6502
Record expires on 09-Sep-2010.
Record created on 09-Sep-2009.
Database last updated on 17-May-2010 21:31:04 EDT.
Domain servers in listed order:
DNS1.NETTICA.COM 64.94.136.11
DNS2.NETTICA.COM 64.237.45.34
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Yeah I perhaps should have specified when I wanted people to weigh in. I thought it was fishy and that's what I wanted people to weigh in on. I'm sure the manager at the mobile section of best buy will know if they have something like that. If not I'll ask a Sprint Rep.
WTF so you're saying sprintportcredit.com is a phishing site? How are you able to tell who that domain is registered to? I called Sprint and even told them the website and the rep stated "Yeah go there after you port your number".
What does the scammer have to gain by going to that website and mistakenly entering your number?
Ive asked several Sprint reps in person at different stores about this and they all say the credit is for business customers only.
rdub4nd said:
Ive asked several Sprint reps in person at different stores about this and they all say the credit is for business customers only.
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It says so right on that site as well.
Well I'll call the Sprint Porting Department and demand that they give me a porting credit. They'll want my business so in the end the customer wins.
gqstatus0685 said:
Well I'll call the Sprint Porting Department and demand that they give me a porting credit. They'll want my business so in the end the customer wins.
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Just curious, why do you feel you're entitled to the credit if you dont meet the criteria for it?
Because I'm willing to port 4 numbers from AT&T to Sprint. They need the business and they will give me a credit. I work for AT&T so I know how these things work. I will also be getting a CORP discount from one of my relatives on my account who works for Bank of America. It's a 36% discount. I believe I fit the criteria.
gqstatus0685 said:
Because I'm willing to port 4 numbers from AT&T to Sprint. They need the business and they will give me a credit. I work for AT&T so I know how these things work. I will also be getting a CORP discount from one of my relatives on my account who works for Bank of America. It's a 36% discount. I believe I fit the criteria.
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From the sprintportcredit.com eligibility requirements:
Service credit request must be made at https://www.sprintportcredit.com within 72 hours from the port-in activation date for your Service Credit Request. Service credit is available only to eligible corporate-liable accounts. Promo requires 2-year contract agreement outside of hierarchy/special contract terms. Must port in from an active wireless line and remain active on original account number for 61 days in order to receive full service credit. You should continue paying your bill while waiting for your service credit to avoid service disruption and possible credit delay.
Credits apply to all devices that have an associated mobile number and come through the port process. Promotion excludes port ins from providers currently associated with Sprint. Excludes all Individual Liable, Seasonal Standby, and Special Government Rate Plans less than $10 (e.g., U3169, U3169H, U3169D, C1266).
Unless you're activating 4 lines in your business' name, the it would seem that you dont. But good luck to you, it never hurts to try!
EDIT: I'm not trying to be a ****, just pointing out the actual terms for this credit. If you can pull it off, more power to ya.
Didn't someone already point that website out as a phishing site? Someone stated that sprintportcredit.com wasn't an official Sprint site.
yes, but that site is the basis of this thread. Look at the first link the OP posted.
For those of you that have a corporate account with Sprint (IT managers and the like), I just got a hint dropped to me by my account rep that the device may actually launch for corporate customers at the beginning of the week.
So, bragging rights for three days may be possible
(remember Monday 5/31 is a national holiday)
According to my rep:
"I believe it will launch through the direct channel (me) the Sunday before the 4th (usually we launch on Sundays not Fridays)."
He promises specific details this Monday - I guess lots of his accounts are asking, as he mentions over 100 pre-orders for Evo's.
Anyone else manage a corporate account? What are your reps telling you?
khov07 said:
For those of you that have a corporate account with Sprint (IT managers and the like), I just got a hint dropped to me by my account rep that the device may actually launch for corporate customers at the beginning of the week.
So, bragging rights for three days may be possible
(remember Monday 5/31 is a national holiday)
According to my rep:
"I believe it will launch through the direct channel (me) the Sunday before the 4th (usually we launch on Sundays not Fridays)."
He promises specific details this Monday - I guess lots of his accounts are asking, as he mentions over 100 pre-orders for Evo's.
Anyone else manage a corporate account? What are your reps telling you?
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Interesting, will have to talk to my Corporate rep. about that.
i am a financial advisor at wachovia bank and i pre ordered at evpdiscounts and my rep mentioned next week also..my touch pro 2 came about 2 weeks earlier last year....fingers are crossed i need this damn phone
Just spent 45 mins trying to download a Google voicemail. No dice. That's how bad sprint 3G is in downtown Chicago. It is pretty much unusable. After calling Sprint and getting nowhere as usual, I am done and want out of my contract (this is not a bash sprint thread - just the facts).
I really don't feel like paying the ETF considering I can't use something I am paying for. I was thinking of just filing a small claims lawsuit (not a lawyer or anything - but had a friend who did something similar). It takes about an hour to file (I think) and costs $75. I don't believe sprint would bother fighting it - they would prob just contact me to settle (I want out of contract sans ETF and they pay court fees). It sure would get their attention if a bunch of people started doing this.
Viable? Looking for opinions - never done anything like this before and I figure if nothing else it would be a learning experience. Judge Wapner here I come!
wiltok said:
Just spent 45 mins trying to download a Google voicemail. No dice. That's how bad sprint 3G is in downtown Chicago. It is pretty much unusable. After calling Sprint and getting nowhere as usual, I am done and want out of my contract (this is not a bash sprint thread - just the facts).
I really don't feel like paying the ETF considering I can't use something I am paying for. I was thinking of just filing a small claims lawsuit (not a lawyer or anything - but had a friend who did something similar). It takes about an hour to file (I think) and costs $75. I don't believe sprint would bother fighting it - they would prob just contact me to settle (I want out of contract sans ETF and they pay court fees). It sure would get their attention if a bunch of people started doing this.
Viable? Looking for opinions - never done anything like this before and I figure if nothing else it would be a learning experience. Judge Wapner here I come!
Click to expand...
Click to collapse
Here's my suggestion.
I'm assuming that you've called Sprint more than once and thus it is in the notes, right?
Call *2, dial 000000000 until it moves you along.
And explain that because you aren't getting the service you're promised you want out of your contract with no fee.
They will extend that to you. They have to because they aren't fulfilling their end of the contract. They actually extended that to me although I'm not cancelling.
Downtown Chicago as well and the worst service I've ever had...but mine is going on 2 months worth of horrible service...before my 3G was so fast I never even had to think about putting on the 4G...
I've loved Sprint but two months without proper service is making me want to jump...I may be a G2X owner shortly.
After countless calls and dealings with tech after tech about my data speeds. They are finally going to take care of me. My bill will be adjusted every month until the speeds are back to normal. And my upgrades have been reset as well my etf was waved too. I got so much because of how the "tech" handled my ticket. Basically told me to deal with it. I have been in contact with a very helpful and nice lady on the ceo's team and she made sure I was taken care of.
So send an email to the ceo's office be nice and they should take care of you
from my phone duh
They let me out when I moved here to Washington because there was no signal at all. All I had to do was email/fax them proof I was living here. They sent someone out to check it though to verify it was true. Going to miss my EVO but have to have service.
It states in your contract that they have the authority to assess an ETF upon termination of contract, tower and throughput issues are not valid nullification points.
If you take them to small claims, they'll just wave your contract in your face and be done.
In all seriousness, just escalate as far as it needs to go. Retentions will do just about anything, save for waiving ETF.
Sunsparc said:
It states in your contract that they have the authority to assess an ETF upon termination of contract, tower and throughput issues are not valid nullification points.
If you take them to small claims, they'll just wave your contract in your face and be done.
In all seriousness, just escalate as far as it needs to go. Retentions will do just about anything, save for waiving ETF.
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They are required to give you a certain level of service and if they can't provide it then they violate the contract.
They will waive it.
I knew how poorly it was going to go but I figured I was going to call anyway.
First person told me there were no problems with their towers and asked about hardware replacement. I said no, when I'm in areas that I get a good signal my phone works fine...2nd person said there were problems (i knew it) and that they are working on it. He also mentioned possibly letting me out ETF free.
I really don't want to go that route though, I just want the service I was getting to come back, I loved Sprint's service when it's working. I don't want to ditch the carrier just because of two bad months but nobody has confirmed anything on it getting any better, which I know they can't.
I called retentions awhile back, stated that tech support says the area is fine and working as it should, I said, no, it isn't and it hasn't been for months...I went to some local Sprint stores and asked the employees there, which informed me that, yes, the towers have been stuck in the middle of being upgraded for 6+ months now because Qwest hasn't installed the new T1 lines yet. All the lady in retentions would say was Okay and act dumb. I guess I could keep trying.
wiltok said:
It takes about an hour to file (I think) and costs $75.
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Click to collapse
It costs over $200 to file a suit in small claims court here in Miami-Dade county, so I'd look into that before digging any deeper into this. I doubt Sprint will send out a lawyer to contest a $200 case, but it may cost you as much as the ETF itself would just to TRY and get out of it this way.
Just continue to call and complain. Eventually, you will come across an employee who will help you.
Hrshycro said:
I called retentions awhile back, stated that tech support says the area is fine and working as it should, I said, no, it isn't and it hasn't been for months...I went to some local Sprint stores and asked the employees there, which informed me that, yes, the towers have been stuck in the middle of being upgraded for 6+ months now because Qwest hasn't installed the new T1 lines yet. All the lady in retentions would say was Okay and act dumb. I guess I could keep trying.
Click to expand...
Click to collapse
I hope they are putting in like 30 T1 lines!
The Sprint CS rep told me that there was a notation associated with my area 'users may experience slower data speeds'. They are acknowledging there is a problem - and they aren't kidding! It doesn't take much bandwidth to download a voicemail. Data speeds are non existent.
wiltok said:
The Sprint CS rep told me that there was a notation associated with my area 'users may experience slower data speeds'. They are acknowledging there is a problem - and they aren't kidding! It doesn't take much bandwidth to download a voicemail. Data speeds are non existent.
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Agreed which is why they are violating the contract. Thus no ETF
OP - here. A previous poster was correct - looks like it costs $120 to file a small claims suit and i would also have to pay an appearance fee of $176. That ain't gonna work! Oh well - have to see what Sprint will do for me...
Hrshycro said:
I called retentions awhile back, stated that tech support says the area is fine and working as it should, I said, no, it isn't and it hasn't been for months...I went to some local Sprint stores and asked the employees there, which informed me that, yes, the towers have been stuck in the middle of being upgraded for 6+ months now because Qwest hasn't installed the new T1 lines yet. All the lady in retentions would say was Okay and act dumb. I guess I could keep trying.
Click to expand...
Click to collapse
What's hilarious about that is that a T1 line only has capacity to serve a single customer with a really good 3G speed (1.5Mbps), or two with a so-so speed (750 Mbps). My cable modem equals TWELVE T1 lines. So if they're waiting for T1 lines to be installed to the tower, that explains a LOT.
Or the reps just don't have a clue what they're talking about. That's probably more likely.
wiltok said:
OP - here. A previous poster was correct - looks like it costs $120 to file a small claims suit and i would also have to pay an appearance fee of $176. That ain't gonna work! Oh well - have to see what Sprint will do for me...
Click to expand...
Click to collapse
Yea, I knew it. Once you take someone to small claims court, you usually end up suing for court costs, too. However, you have to pay the charges up front and you could still lose and end up having to pay the ETF anyway.
Call them or email them (or chat) and tell them you want a credit on your bill (even for now) they gave me $50 off my bill just for calling them and bugging them lol I also asked for credit off my bill.
Also just use a verizon prl and they will give you the boot.
mattykinsx said:
They are required to give you a certain level of service and if they can't provide it then they violate the contract.
They will waive it.
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Click to collapse
No, they are not. It's in the contract. Service is not guarenteed.
Just use the verizon roaming trick and use large amounts of data for a few months.
wiltok said:
I was thinking of just filing a small claims lawsuit (not a lawyer or anything - but had a friend who did something similar). It takes about an hour to file (I think) and costs $75. I don't believe sprint would bother fighting it - they would prob just contact me to settle (I want out of contract sans ETF and they pay court fees). It sure would get their attention if a bunch of people started doing this.
Viable? Looking for opinions - never done anything like this before and I figure if nothing else it would be a learning experience. Judge Wapner here I come!
Click to expand...
Click to collapse
Sunsparc said:
If you take them to small claims, they'll just wave your contract in your face and be done.
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(IANAL)
Alright, I hate to be the bearer of bad news, but DO NOT take them to court. There is a section in the Sprint PCS Terms and Conditions of Service (that you signed) specifically stating that you agree that all disputes will not be taken to court but arbitrated. If you take them to court they will show that you agreed not to, judge will drop the case, and you will be liable for both your court fees as well as Sprint's (You are not liable for Sprint's arbitration fees though if you go that route). Quoting all relevant parts of the T&C now. There is an exception to that for small claims court, but you would definitely lose against Sprint and still have to pay their court fees.
It is almost always the better route to fight with them AND SEND THEM WRITTEN NOTICE OF YOUR DISPUTE until they let you out of contract. Also STOP using the phone during the dispute that way you can get them to waive any monthly bills AFTER the written notice of dispute.
Sprint PCS Terms and Conditions of Service said:
DISPUTE RESOLUTION
We Agree To First Contact Each Other With Any Disputes We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. We agree to contact each other as described in the Providing Notice to Each Other Under The Agreement section of the Ts&Cs.
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Sprint PCS Terms and Conditions of Service said:
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act ("FAA"), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
(1) "Disputes" are any claims or controversies against each other related in any way to our Services or the Agreement, including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after Services have terminated — this includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
(2) If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent as described in the Providing Notice to Each Other Under The Agreement section of the Ts&Cs and notice to us will be sent to: General Counsel; Arbitration Office; 2001 Edmund Halley Drive VARESP0513-502; Reston, Virginia 20191. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
(3) The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
(4) Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the county of the last billing address of the Device. We will agree on the arbitrator, and if we cannot agree, then the arbitrator will be appointed by the court as provided by the FAA.
(5) The arbitration will be governed by the arbitration rules selected by the Arbitrator. The federal or state law that applies to the Agreement will also apply during the arbitration.
(6) We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
(7) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, we will cover any arbitration administrative or filing fees above: (a) $25 if you are seeking less than $1,000 from us; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
Exceptions To Our Agreement To Arbitrate Disputes Either of us may bring qualifying claims in small claims court. In addition, this arbitration provision does not prevent you from filing your dispute with any federal, state or local government agency that can, if the law allows, seek relief against us on your behalf.
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Sprint PCS Terms and Conditions of Service said:
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
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WASHINGTON -- U.S. Immigration and Customs Enforcement is the latest federal agency to drop BlackBerry smart phones for its employees, adding to the woes of maker Research in Motion (RIMM).
BlackBerry still remains the smart phone of choice for Capitol Hill, but cracks are appearing in RIM's stronghold among federal agencies.
The federal immigrations agency said last week it had bought $2.1 million Apple iPhones for its 17,676 users, saying that RIM's technology "can no longer meet" its needs.
Earlier this year, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the National Oceanic and Atmospheric Administration also announced they were switching from BlackBerrys to iPhones for their staffers.
It's bad news for RIM, which has already weathered a big drop in corporate users, a market it once dominated. In the past year, major corporations, ranging from Yahoo (YHOO, Fortune 500) to Halliburton (HAL, Fortune 500), have decided to stop using BlackBerrys for their staff.
RIM has come under a lot of criticism for being too slow in revamping its operating system. It is launching a new BlackBerry 10 next year.
RIM wouldn't talk about the effect of the fast-shrinking federal usage on its business. Rather, it pointed out that the company still has a million government customers in North America, some 400,000 of whom have upgraded their
BlackBerrys in the past year.
"Government organizations globally have relied on the security of the BlackBerry solution for over a decade," said Paul Lucier, vice president of RIM government solutions in a statement.
Carl Howe, a technology analyst with Yankee Group, said RIM can weather the losses because of its reputation of maintaining a highly secure system.
"For anyone who is really interested in high security systems, BlackBerry really remains the gold standard," Howe said.
Still, RIM appears to be hemorrhaging customers all around.
Federal contractor Booz Allen Hamilton (BAH, Fortune 500) also decided last week it would no longer use BlackBerry mobile devices, confirmed spokesman James Fisher. Most of Booz Allen's 25,000 employees use personal smart phones to check company mail. Those who have BlackBerrys will no longer be able to access company email, Fisher said.
Booz Allen advises the U.S. Army, Navy, Air Force and Department of Homeland Security.