Justinian Lane
Sprint: "It’s our policy" to break the law
Every now and again, I get a reminder of why I want to be a plaintiff’s lawyer. This morning, my mother called to let me know she’s canceling our Sprint cell phone plan. We’re on a family plan with 4 lines. We’ve been customers for a little over seven years, and have never had any disputes or late payments. But last month, my parents happened to look through their Sprint bill and discovered something interesting. For the last 3 and a half years, Sprint has been charging us about $6 bucks a month in Texas state and local taxes. The problem is that none of us have lived in Texas for 3 and a half years… and Sprint has also been charging Nevada state and and local taxes. Obviously, that’s about $250.00 that we shouldn’t have paid Sprint.
Needless to say, we disputed that with Sprint and asked for a credit. It’s taken about a week of telephone tag, but we finally heard back from Sprint. They’re only willing to refund the past three month’s worth of illegal taxes because it took so long for my parents to discover their error. That’s just "their policy."
Why is it that it’s OK for a big corporation to have a policy of ripping off consumers, but it’s horrible for consumers to rip off big corporations? What do you think would happen if we underpaid Sprint $6 bucks a month for three years, and when caught told Sprint that we’d only refund them three month’s worth because it took them so long to catch our error? I imagine they’d use the oppressive credit reporting system to blackmail us into paying.
The odds are that this will probably end up in court because Sprint plans on charging $800 in early cancellation fees, when they clearly breached their contract. Let’s be honest - it will be ridiculous to go to court over this. But what’s the alternative? Letting Sprint overcharge us because it’s too costly to go to court? To hell with that. I once spent $160 in filing costs over an $18 overcharge that a notoriously corrupt company refused to correct for me. It took three months, but they settled and gave me my $18 and my filing costs. Again, a ridiculous lawsuit. But I’ll be damned if I was going to let someone steal twenty bucks for me.
I was fortunate enough to be able to file that suit myself. And my family is fortunate enough that my father is an attorney, so he’ll be able to handle any legal matters himself. But the millions of consumers out there who get ripped off and aren’t attorneys don’t fare as well. No lawyer will touch cases like these on a contingency basis because the dollar amount is so small, and no rational consumer will spend $1,500+ to hire an attorney to recover my $20 or my parents’ $250.
Meanwhile, as consumers across the country are ripped off to the tune of millions - perhaps even billions - of dollars a year, corporate America has convinced us that "frivolous lawsuits" are a drain on the economy and that we need to make it harder to sue them. Too bad no one wants to make it harder for corporations to rip us off, eh?
Posted at 12:37 PM, Jan 25, 2008 in Consumer Rights | Permalink | Comments (28) | TrackBack (0)







Comments
J: Did you have Contracts, yet? If you did, can you think of any remedy that does not involve wasting the time of the court, and the money of the taxpayer, to carry out your left wing vengeance, corporation scapegoating agenda?
I have Sprint. Every penny for the defense of your trivial claim comes from me and other customers.
Posted by: Supremacy Claus | January 25, 2008 03:36 PM
SC: Imagine being mugged (I hope you can only imagine this), that some criminal smacked you and then took $250 from your wallet. Then imagine you go to the police and they say they don't want to "waste the time of the court, and the money of the taxpayer, to carry out your agenda of vengeance" against your mugger. That don't make no darn sense and you and I both know it. Why should it be any different for the corporate criminal who conducts its muggings on paper?
Posted by: Kia | January 25, 2008 06:11 PM
I understand the emotion. The challenge differs from an appeal to pathos.
Legal writing is "authoritative writing." The meaning of that phrase is that it uses statute, case law, and policy considerations to give a judge no choice but to agree with your side. You could make your argument, and use the word, darn, to a judge. There is some chance she would find it persuasive.
Posted by: Supremacy Claus | January 25, 2008 07:05 PM
A quick question....how are you going to get around the binding arbitration? I had a similar issue, but was afraid of running into that quagmire.
Posted by: LorneReams | January 28, 2008 12:15 PM
The taxes Sprint billed for aren't merely a disagreeable contract fee or clause but a violation of law since they cannot legally bill for said taxes. It strikes me as a simple claim that, by collecting said taxes in violation of law, Sprint breached any contract that existed between the parties. No contract - no termination fees - no binding arbitration. Also Sprint MUST return the illegally collected taxes.
Posted by: Bob Cobb | January 28, 2008 12:42 PM
I'm having the exact same problem with ATT. They charged me Washington state taxes for 2 years after I moved to Oregon (which has no sales tax). They say they won't refund any of the charges. I have the added wrinkle that I received an employee discount on my cell phone bill as the employee of a Washington organization. When we moved, we asked ATT if we could still receive the discount, as my husband was still an employee there via telecommuting. They said no problem. Now they claim my husband needed to be the primary account holder, so we 'technically' shouldn't have gotten the discount. The customer service reps say the discount 'takes care of' the wrongly charged taxes. I'm so mad about this all and I have no idea what to do about it. Do you have any recommendations?
Posted by: Amanda Stanley | January 28, 2008 01:34 PM
God bless you for having the intestinal fortitude to go after these crooks. I too took Sprint to court over thier theft practices. I got a call from an Attorney from Sprint the day prior to going to court. She offered to settle but also reminded me that they were under no obligation to provide me cell phone service.
The threat had far more teeth than it would today due to number portability. I took the hint and discontinued my service.
Posted by: Robert | January 28, 2008 02:31 PM
"left wing vengeance (sic)"? Please. What is the role of the courts if they are not there to be used? I am also a Sprint customer; please sue the crap out of them.
Posted by: M Latta | January 28, 2008 03:14 PM
Idea for Sprint and Supremacy Claus:
How about not charging illegal fees in the first place, or, when confronted when charging said fees, refund them?
I'm pretty sure that's a foolproof way to avoid 'frivolous' lawsuits and ensure that every penny of Supremacy Claus' monthly payment wind up in the pockets of Sprint and not in the hands of some defense attorney who lost an unwinnable case.
I don't know, I might be way off base here, but if I were a Sprint customer like Supremacy Claus, I'd actually be somewhat furious my bill included money for pointless lawsuits essentially spawned by my cell phone provider's inability to comply with the tax code.
Or I guess you could just blame the victim, if you wanted to be a real asshat.
Posted by: C Macaulay | January 28, 2008 07:01 PM
Hi guys!
Supremacy Clause: Since you're a Sprint customer, why don't you call and demand that they stop charging illegal taxes so they don't have to pay legal fees? Let me pose a hypothetical to you. What would you do if Sprint charged you $1,000 in taxes you weren't obligated to pay and refused to remove the charges? Would you pay it? If you don't pay it, they'll cancel your account and screw your credit. Would you let that happen?
I've talked more with Sprint and they're now willing to credit an additional $50 to the account, and have suggested we try and collect the difference from the State of Texas. Since it was their error, it doesn't seem quite fair for us to have to spend time and money to fix it, does it?
This whole saga shows how important customers are to Sprint. Again, we've had four lines for close to eight years, and have never missed a payment or disputed a charge. We're the epitome of "good customers." I shudder to think how they treat average customers.
Posted by: Justinian Lane | January 30, 2008 11:18 AM
Justinian: Very good. That is the correct answer in real life.
You "talked" to Sprint. You did not "sue" Sprint, wasting the time of the Court, which is also on my tab.
I see no reason on earth why you have to get the refund from Texas. You paid it to Sprint. That idea is wrong. If they insist, tell them, gladly. For a consulting fee for acting as their agent, at $500 an hour, in a contract implied in law.
Also, tell them they need to make it up to you, or you are Sprinting to ATT at the end of contract. You deserve compensation for your trouble, generated by their mistake. As a wronged customer, I think you deserve that, even though I have to pay for it.
Then, get the accord and satisfaction in a writing, so it cannot be denied. I will not suggest a review of the parol evidence rule, since that is a crime itself.
Posted by: Supremacy Claus | January 30, 2008 01:52 PM
I had the same probelm with sprint. Today I looked at my sprint bill and noticed Texas state charges. I have never lived in Texas before. They have been charging me since August. Cusotme service told me they were creating a case to have this corrected.
Posted by: Scott | February 14, 2008 04:42 PM
I am a sprint customer and I am surfing the net tonight and came across this article and found it humorous. I as a credit card customer, cell phone customer etc check my bill each month. Any disputes with any company are called in in a timely manner. I think I would side with sprint on this one. Seems someone was not paying attention to his bill. I have found errors on credit card billings, my at&t phone acct and even the power bill. I call in within 30 days and get corrected. This would be my advice. Read the bill and dispute asap.
Posted by: Ralph | February 19, 2008 12:35 AM
I used to love sprint I don't know what happened to them. Ive been trying to get a phone I ordered from them for two weeks now that was suppose to be here in two days...
I actually bought a domain http://sprintpolicy.info the other night simply because I got fed up with the run around and the BS I was being fed.
Http://sprintpolicy.info
Posted by: Cristina Rush | February 21, 2008 10:26 AM
sprint charges me sales tax for austin,tx and houston,tx. the account and account billing are in austin. is this legal?
Posted by: craig mcallister | February 22, 2008 12:48 AM
Do I have any legal recourse against Sprint on this: I called three times over the past several months to find out when my contract expires to I could go to Verizon. On February 4, I was told by a custmer service agent over the phone that my plan had expired last month (January 08). That night we went to a Verizon store and got new phones and a new plan and Sprint just sent me a bill for $400 in early termination fees. When I called they apologized for their customer service agent telling me the wrong date and I actually have another year on my contract. I argued and talked to their supervisors for hours over the phone, but they said it is up to the customer to know exactly when their contract expires and that they sent me a letter a year ago with that information. I told them that was probably true, but what good is their customer service department, if they give out erroneous information. I refuse to pay the $400 on principal, but don't want to ruin my credit. Can I take them to small claims court?
Posted by: Kathy DuBray | February 23, 2008 01:28 PM
I can't believe I've found this site.
The first part of this year, I discovered that Sprint has been collecting Maryland State Taxes for the last 2 years. I've lived at my billing address for 19 years. I created a .pdf file with a copy of page 4 for each of the 24 months they withheld and an excel summary spreadsheet...total was $388.00. Upon calling Sprint they advised they'd credit for three months but that was it. They also accused me of having a Maryland address at one point and when I argued the point the individual hung up on me. Upon calling back, they begrudgingly opened a call ticket and said they'd 'get back to me'. After 6 weeks, there answer was for me to "call the FEDERAL Government". I offered to provide my documentation but they wanted no part of it. Once again, when I argued the point, they hung up the phone. To add insult to injury, they didn't even credit me the full amount of withheld taxes for the 3 months they agreed to. It was roughly half the amount.
I still have a year on my contract...is there ANY way I can get out of it and get away from this miserable company?
Thanks for any suggestions.
GB
Posted by: GB | February 26, 2008 10:47 AM
I can't believe I've found this site.
The first part of this year, I discovered that Sprint has been collecting Maryland State Taxes for the last 2 years. I've lived at my billing address for 19 years. I created a .pdf file with a copy of page 4 for each of the 24 months they withheld and an excel summary spreadsheet...total was $388.00. Upon calling Sprint they advised they'd credit for three months but that was it. They also accused me of having a Maryland address at one point and when I argued the point the individual hung up on me. Upon calling back, they begrudgingly opened a call ticket and said they'd 'get back to me'. After 6 weeks, there answer was for me to "call the FEDERAL Government". I offered to provide my documentation but they wanted no part of it. Once again, when I argued the point, they hung up the phone. To add insult to injury, they didn't even credit me the full amount of withheld taxes for the 3 months they agreed to. It was roughly half the amount.
I still have a year on my contract...is there ANY way I can get out of it and get away from this miserable company?
Thanks for any suggestions.
GB
Posted by: GB | February 26, 2008 10:49 AM
I can't believe I've found this site.
The first part of this year, I discovered that Sprint has been collecting Maryland State Taxes for the last 2 years. I've lived at my billing address for 19 years. I created a .pdf file with a copy of page 4 for each of the 24 months they withheld and an excel summary spreadsheet...total was $388.00. Upon calling Sprint they advised they'd credit for three months but that was it. They also accused me of having a Maryland address at one point and when I argued the point the individual hung up on me. Upon calling back, they begrudgingly opened a call ticket and said they'd 'get back to me'. After 6 weeks, there answer was for me to "call the FEDERAL Government". I offered to provide my documentation but they wanted no part of it. Once again, when I argued the point, they hung up the phone. To add insult to injury, they didn't even credit me the full amount of withheld taxes for the 3 months they agreed to. It was roughly half the amount.
I still have a year on my contract...is there ANY way I can get out of it and get away from this miserable company?
Thanks for any suggestions.
GB
Posted by: GB | February 26, 2008 10:49 AM
I can't believe I've found this site.
The first part of this year, I discovered that Sprint has been collecting Maryland State Taxes for the last 2 years. I've lived at my billing address for 19 years. I created a .pdf file with a copy of page 4 for each of the 24 months they withheld and an excel summary spreadsheet...total was $388.00. Upon calling Sprint they advised they'd credit for three months but that was it. They also accused me of having a Maryland address at one point and when I argued the point the individual hung up on me. Upon calling back, they begrudgingly opened a call ticket and said they'd 'get back to me'. After 6 weeks, there answer was for me to "call the FEDERAL Government". I offered to provide my documentation but they wanted no part of it. Once again, when I argued the point, they hung up the phone. To add insult to injury, they didn't even credit me the full amount of withheld taxes for the 3 months they agreed to. It was roughly half the amount.
I still have a year on my contract...is there ANY way I can get out of it and get away from this miserable company?
Thanks for any suggestions.
GB
Posted by: GB | February 26, 2008 10:49 AM
I can't believe I've found this site.
The first part of this year, I discovered that Sprint has been collecting Maryland State Taxes for the last 2 years. I've lived at my billing address for 19 years. I created a .pdf file with a copy of page 4 for each of the 24 months they withheld and an excel summary spreadsheet...total was $388.00. Upon calling Sprint they advised they'd credit for three months but that was it. They also accused me of having a Maryland address at one point and when I argued the point the individual hung up on me. Upon calling back, they begrudgingly opened a call ticket and said they'd 'get back to me'. After 6 weeks, there answer was for me to "call the FEDERAL Government". I offered to provide my documentation but they wanted no part of it. Once again, when I argued the point, they hung up the phone. To add insult to injury, they didn't even credit me the full amount of withheld taxes for the 3 months they agreed to. It was roughly half the amount.
I still have a year on my contract...is there ANY way I can get out of it and get away from this miserable company?
Thanks for any suggestions.
Glen
Posted by: Glen | February 26, 2008 10:52 AM
I can't believe I've found this site.
The first part of this year, I discovered that Sprint has been collecting Maryland State Taxes for the last 2 years. I've lived at my billing address for 19 years. I created a .pdf file with a copy of page 4 for each of the 24 months they withheld and an excel summary spreadsheet...total was $388.00. Upon calling Sprint they advised they'd credit for three months but that was it. They also accused me of having a Maryland address at one point and when I argued the point the individual hung up on me. Upon calling back, they begrudgingly opened a call ticket and said they'd 'get back to me'. After 6 weeks, there answer was for me to "call the FEDERAL Government". I offered to provide my documentation but they wanted no part of it. Once again, when I argued the point, they hung up the phone. To add insult to injury, they didn't even credit me the full amount of withheld taxes for the 3 months they agreed to. It was roughly half the amount.
I still have a year on my contract...is there ANY way I can get out of it and get away from this miserable company?
Thanks for any suggestions.
Glen
Posted by: Glen | February 26, 2008 10:53 AM
I apologize for the multiple posts, but I kept receiving an error message advising to re-input the data.
GB
Posted by: Glen | February 26, 2008 11:50 AM
This is for Kathy DuBray...the exact same thing has happened to myself with the addition that they also added a third line to my two lines that I did not ask for or need. They are now saying that my contract didn't end when they initially told me it ended and are refusing to even talk to me on the phone. I wrote the corporate office but without proof of my contract end date..."they can't help me" I have called and asked sprint to send me a copy of my contract beginning and end dates but they act "stupid" as if I am speaking another language. If anyone has any advice on how to handle this matter please let me know. My account is now $559 which I do not have and refuse to pay since I do not owe this. Gotta love Sprint!
Posted by: lshoemaker | March 3, 2008 02:53 PM
I Have also been ripped off by sprint we have 5 lines and they say we are always over our minites and I only use my phone for emergecies. I know they are full of it!
Posted by: marilyn | March 8, 2008 01:32 PM
I paid my sprint bill monday feb. 4 2008 by phone the customer service rep. stated when she answered the phone her name and that she was in topeka kansas. the next day my bank call to inform me that there was some suspicious activity on my business account ( check card used to pay sprint) it turns out that most of my money was wiped out at different stores in topeka kansas. this is in no way a coincedene. this sprint rep. stole my info and she got her friends to help her by using my number at the stores where they worked. i am following up with the stores and the police dept in kansas and here in portsmouth virginia where i live. then i will find a way to sue because it is not right. if any one else has been through this please email or call me at 757-582-5290 ellen
Posted by: ellentomiye | March 8, 2008 09:51 PM
I have been a sprint customer for 3 1/2 years and they have been horrible to sayy the least. I am go to take them to court on so slimely practices, but I am looking to join a class action suit as well. Does anyone know where I can go?
Valerie Hetzel
Posted by: Valerie | March 22, 2008 11:30 AM
I have had trouble with Sprint since I became a customer in August of 07. I was also charged Texas taxes, how inconvenient for me. I have tried to get my contract fees waved so I can discontinue my service or hell with them. Each and every month I am on the phone or in the Sprint store trying to get my bill rectifed. Once again they will not wave the fees, so at this point I am stuck and for all of you people who love sprint would call it having a binding contract. Just wait your time is coming and when it does, don't look for sympathy from me. It is a pain in my ... to try to convince someone that I don't live in Texas and my name is not Havier. Maybe if all of the unhappy customers would ban together we could get something accomplished. I would be on cloud nine if sprint wanted me to leave as a customer because I don't want anything free from them, just let me loose from their grips.
Posted by: Lori | May 1, 2008 02:46 PM