IF YOU WERE A CUSTOMER OF SPRINT SPECTRUM, LP WITH A U.S., BUT NOT CALIFORNIA, BILLING ADDRESS, WHO --- BETWEEN MAY 1, 2000 AND JANUARY 1, 2007 --- WAS CHARGED AN EARLY TERMINATION FEE WHICH WAS MORE THAN THE AGGREGATE RECURRING CHARGES WOULD HAVE BEEN HAD YOU MAINTAINED SERVICE TO THE END OF YOUR CONTRACT TERM, A CLASS ACTION ARBITRATION MAY AFFECT YOUR RIGHTS

A California Arbitrator authorized this notice.  This is not a solicitation from a lawyer.

  • Cell phone customers in the United States have sued Sprint Spectrum LP, ("Sprint") alleging that Sprint violated the law by charging its customers early termination fees.

  • The Arbitrator has allowed the arbitration to be brought as a class action on behalf of all customers of Sprint Spectrum, LP with U.S., but not California, billing addresses, who --- between May 1, 2000 and January 1, 2007 --- were charged an early termination fee which was more than the aggregate recurring charges would have been had the customer maintained service to the end of the contract term.

  • The Arbitrator has not decided whether Sprint did anything wrong. There is no money available now, and no guarantee there will be. However, your legal rights may be affected, and you have a choice to make now.

YOUR LEGAL RIGHTS AND OPTIONS

WHAT IS THIS?

The Arbitrator has certified this arbitration as a class action. The arbitration challenges the imposition and collection of early termination fees charged between May 1, 2000 and January 1, 2007, claiming that they are in violation of law where the amount of the early termination fee was more than the aggregate recurring charges would have been had the customer maintained service to the end of the contract term.  Sprint contends that the early termination fees are legal.

Lawyers must prove the claims against Sprint at an arbitration hearing, which has yet to be scheduled.

DO NOTHING

Stay in the arbitration. Await the outcome. Give up your ability to individually sue Sprint to challenge early termination fees.

If you do nothing and stay in the arbitration, you will participate in this proceeding and you may receive money or benefits that may come after arbitration or settlement, or nothing.  You will give up any rights to sue Sprint separately concerning the same legal claims as this arbitration and you will be bound by all orders the Arbitrator enters and any award reached in the arbitration.  If money or benefits are obtained from Sprint, you will be notified about how to ask for a share.  You may also hire your own individual lawyer to appear at arbitration for you, although you are under no obligation to do so, and Class Counsel are representing you at no cost to you; if you do hire an individual lawyer, you have to pay that lawyer.

EXCLUDE YOURSELF

Get out of this arbitration.  Get no benefits from this arbitration. Keep your right to individually sue Sprint and separately challenge early termination fees.

If you exclude yourself, you will no longer be part of this arbitration.  If money or benefits are later awarded, you will receive none.  But, you keep any rights to sue Sprint separately concerning the same legal claims as this arbitration.

 

  • Regardless of whether you stay in the arbitration or exclude yourself, your cell phone service will not be affected.

  • Your options - and the deadlines to exercise them - are explained in this notice. To ask to be excluded, you must act before November 1, 2008.

  • Lawyers must prove the claims against Sprint at an arbitration hearing, which has yet to be scheduled.  If money or benefits are obtained from Sprint, you will be notified about how to ask for a share.
     

BASIC INFORMATION


1. Why should I read this notice?
 
Your rights may be affected if you were a customer of Sprint Spectrum, LP with a U.S., but not California, billing address, who --- between May 1, 2000 and January 1, 2007 --- was charged an early termination fee which was more than the aggregate recurring charges would have been had you maintained service to the end of the contract term.  This notice explains that the Arbitrator has allowed, or "certified," a class action arbitration that may affect you. You have legal rights and options that you may exercise before the Arbitrator holds an arbitration.  The arbitration is to decide whether the claims being made against Sprint, on your behalf, are correct.  Judge Stephen Haberfeld of JAMS is overseeing this class action.  The arbitration is known as Smith v. Sprint Spectrum, LP.
 

2. What is this arbitration about?
 

This arbitration is about the early termination fees charged to cell phone customers.  The class representative claims that the early termination fees charged by Sprint are unlawful and unfair penalties where the amount of the early termination fee was more than the aggregate recurring charges would have been had the customer maintained service to the end of the contract term. 

Based upon these claims, the class representative asks for changes in Sprint's practices and for damages and restitution of the early termination fees wrongfully collected.

Sprint denies that it did anything wrong and says that the early termination fees they charged to customers are not unlawful. 

The Arbitrator hasn't decided whether the class representative or Sprint is correct. Lawyers must prove the claims against Sprint at an arbitration hearing, which has yet to be scheduled.


3. Who is included in this Class?
 

You may be a member of the Class if you were a customer of Sprint Spectrum, LP with a U.S., but not California, billing address, who --- between May 1, 2000 and January 1, 2007 --- was charged an early termination fee which was more than the aggregate recurring charges would have been had you maintained service to the end of the contract term.

YOUR RIGHTS AND OPTIONS

You have to decide whether to stay in the Class or ask to be excluded before the arbitration, and you have to decide this now.
 

4. What happens if l do nothing at all?
 

You don't have to do anything now if you want to keep the possibility of getting money or benefits from this arbitration.  By doing nothing, you are staying in the Class.  If you stay in and the Class is awarded money or benefits, either as a result of the arbitration or a settlement, you will be notified about how to apply for a share.

Keep in mind that if you do nothing now, regardless of whether the Class Representative wins or loses the arbitration, you will not be able to separately sue, or continue to sue Sprint, for the same legal claims that are the subject of this arbitration.  You will also be legally bound by all of the Orders the Arbitrator issues and awards the Arbitrator makes in this class action.
 


5. Why would I ask to be excluded?
 

If you exclude yourself from the Class - which is sometimes called "opting-out" of the Class ‑ you won't get any money or benefits from this arbitration.  However, you may then be able to separately sue or continue to sue Sprint, for the legal claims that are the subject of this arbitration.  If you exclude yourself, you will not be legally bound by the Arbitrator's award in this class action.

If you bring your own lawsuit against Sprint, after you exclude yourself, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your claims.  If you do exclude yourself so you can start or continue your own lawsuit against Sprint, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.
 


6. How do I exclude myself from the Class?
 

To exclude yourself from the Class, you must notify Class Counsel at the address identified below in writing no later than November 1, 2008.

Your request for exclusion must contain: (1) the name of this arbitration, "Smith v. Sprint Spectrum, LP, JAMS Ref. No. 1220034325;" (2) your full name and current address; (3) a clear statement of intention to exclude yourself such as "I wish to be excluded from the Class"; (4) your Sprint cell phone number(s) when you were charged the early termination fee; and (5) your signature.

Requests for exclusion must be postmarked no later than November 1, 2008 and sent to: Strange & Carpenter, Attn: Brian R. Strange, 12100 Wilshire Blvd., Suite 1900, Los Angeles, CA  90025.
 

THE LAWYERS REPRESENTING YOU



7. Do I have a lawyer in this case?
The Arbitrator decided that the law firm of Strange & Carpenter and The Law Offices of Barry L. Kramer are qualified to represent all Class Members as Class Counsel.  These lawyers are experienced in handling similar cases against cell phone companies.  More information about Class Counsel is available at www.strangeandcarpenter.com.
 

8. Should I get my own lawyer?
 

If you want to remain a member of the Class, but you do not wish to be represented by Class Counsel, you may enter an appearance through your own attorney at your own expense.  To do so, you must file an Entry of Appearance with the Arbitrator.  You will remain a Class Member with representation by your own attorney and you will be responsible for the fees and costs of your attorney.
 

9. How will the lawyers be paid?
 
If Class Counsel get money or benefits for the Class, they may ask the Arbitrator for fees and expenses.  You will not have to pay these fees and expenses.  If the Arbitrator grants Class Counsel's request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Sprint.
 

THE ARBITRATION


10
. How and when will the Arbitrator decide who is right?
 
As long as the case isn't resolved by a settlement or otherwise, Class Counsel will have to prove the claims at an arbitration hearing, which has yet to be scheduled.  If you want to attend, please contact JAMS to confirm the arbitration date and time.
 

11. Do I have to come to the arbitration?
 
You do not need to attend the arbitration.  Class Counsel will present the case for the Class Members, and Sprint will present its defenses.  You are welcome to come at your own expense.  If you wish to participate in the arbitration, you should contact Class Counsel.
 


12
. Will I get money after the arbitration?
 
If the Class obtains money or benefits as a result of the arbitration or a settlement, you will be notified about how to participate. We do not know how long this will take.
 

13. Additional Information
 

Complete copies of the pleadings, orders and other documents filed in this litigation may be examined and copied at any time during regular office hours at the offices of JAMS, 707 Wilshire Blvd., 46th Floor, Los Angeles, California, 90017.  The case is titled Smith v. Sprint Spectrum, LP, JAMS Ref. No. 1220034325.

If you have any questions concerning anything discussed in this notice, or wish to provide us with your current name or address, please visit the website or write to Class Counsel at:

Strange & Carpenter
Brian R. Strange
12100 Wilshire Blvd., Suite 1900

Los Angeles, CA  90025

gcarpenter@strangeandcarpenter.com

 

Law Offices of Barry L. Kramer
Barry L. Kramer

11111 Santa Monica Blvd., Suite 1860

Los Angeles, CA  90025

kramerlaw@aol.com
 

PLEASE DO NOT CALL OR WRITE TO THE ARBITRATOR

FOR INFORMATION OR ADVICE

 

Dated:  August 15, 2008

BY ORDER OF THE ARBITRATOR

HON. STEPHEN E. HABERFELD (RET.)