Judge ruling on Sprint fees is blow to industry

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SAN FRANCISCO — The fees that cell phone carriers charge customers who break service contracts took a big hit in a California courtroom when a judge said such charges by Sprint Nextel Corp. likely violate state law.

The judge, in a tentative ruling issued late Monday, said Sprint will have to pay $18.3 million to customers who sued over the fees and credit $54.8 million to those who were charged but did not pay the fees.

The same judge is considering other lawsuits against telecommunications companies over their so-called early termination fees, which can range from $150 to $225. This month Verizon Wireless agreed to pay $21 million to settle an identical lawsuit just as trial was starting.

Alameda County Superior Court Judge Bonnie Sabraw rejected Sprint's argument that a state court had no business deciding an issue the company said should be left for federal authorities. And while her ruling isn't legally binding outside the state, it cut to the heart of an ongoing debate in other state courthouses and in Washington, D.C., over the fairness of the fees.

The Federal Communications Commission is enduring intense lobbying over how best to handle the fees. Telecommunications companies have asked the FCC to regulate the fees and shield wireless companies from class action lawsuits in state courts, such as the one Sprint is poised to lose.

At a public hearing last month, FCC Chairman Kevin Martin sketched out a plan in which the cancellation fees would be reduced over the life of the contract. Three companies — T-Mobile, AT&T and Verizon Wireless — already do that and Sprint said it would begin prorating its fees next year.

Martin said he hoped the commission would make a decision in August.

FCC spokesman Robert Kenny declined to comment on the court decision specifically, but did say it wouldn't affect the agency's plans to address the issue.

Chris Murray, senior legal counsel for Consumers Union, said he hoped the California court decision would "drive a stake through the heart" of the industry's hopes for removing state courts and state regulators from having oversight over the fees.

Scott Bursor, a lawyer for the victorious Sprint customers, added that the "ruling sounds the death knell" for the industry's efforts before the FCC.

Sprint will get a chance to change Sabraw's mind at another court hearing. But it's unlikely the judge will alter her detailed, 37-page tentative ruling, which she issued after presiding over a two-week trial in June.

Customers of six telecommunications companies sued their carriers in 2006 in Alameda County Superior Court alleging that the fees violate California's unfair business practices law.

Wireless carriers say early termination fees are necessary so the companies can recover the cost of mobile phones, which they subsidize when customers sign long-term service contracts.

But the judge in her ruling said the contracts were "implemented primarily as a means to discourage customers from leaving" and that the company gave little regard to the cost of broken contracts.

"There was no evidence at trial that Nextel did a damage analysis that considered the lost revenue from contracts, the avoidable costs, or Nextel's expected lost profits from contract terminations," the judge wrote.

"We"re disappointed," said Sprint spokesman Matthew Sullivan, "but this is a tentative decision and we are focusing now on our response to the court."

___

Associated Press Writer John Dunbar in Washington contributed to this report.

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{"commentId":2313141,"authorDomain":"bigrazoo"}

It is about time. They tried to charge my family $200 for an early termination fee when my mother passed away. They had to have a certified copy of her death certificate before they would waive the fee. It is time that this practice was stopped either provide good service and keep your customers happy or have them run away to a company that will.

{"commentId":2313141,"threadId":"322049","contentId":"1703840","authorDomain":"bigrazoo"}
    Reply#1 - Tue Jul 29, 2008 4:58 PM EDT
    Reply
    {"commentId":2313173,"authorDomain":"RRWineGuy"}

    Telephone service - landline or cell - is a necessary utility. I should be able to cancel my service at any time with no fee.

    The phone companies are demanding all the cash while doing little to nothing to improve the quality or coverage areas of their services.

    {"commentId":2313173,"threadId":"322049","contentId":"1703840","authorDomain":"RRWineGuy"}
      Reply#2 - Tue Jul 29, 2008 5:01 PM EDT
      {"commentId":2314977,"authorDomain":"lesleyjperceval"}

      I completely agree. T-Mobile gave me & my husband nothing but problems with their service, from coverage to billing, the 5 years we had their service. Recently, because of financial issues, we had to cancel our service. We then received a bill for over $1,200.00. T-Mobile claims that for every upgrade in a phone we "automatically" started a new contract: however, this was never explained to us upon the upgrade, nor did we ever sign anything agreeing to this. T-Mobile took it upon themselves to charge us $200.00 for every phone we had since signing up, even the phones we no longer use because we upgraded (and paid for those upgrades as well). It's disgusting business practices as far as I'm concerned. Practices that if reported to the FTC (Federal Trade Commission) by all, I'm sure would bring about a promt resolution to this issue.

      {"commentId":2314977,"threadId":"322049","contentId":"1703840","authorDomain":"lesleyjperceval"}
        #2.1 - Tue Jul 29, 2008 8:27 PM EDT
        Reply
        {"commentId":2313235,"authorDomain":"gscotth-1"}

        I'm fine with early termination fees -WHEN then decrease as the contract life runs. A $200+ Termination fee at 20 months into a 24 month contract is nothing short of extortion and SPRINT is the worst. I have been lied to by them, mislead, and deceived by their phone reps and even a couple of their store reps who simply didn't know how to tell the same story twice. As far as state jurisdiction - fine but in reality this is another case of a federal bureaucracy that can't or won't do it's job and consumers are paying the price.
        What would really be the best solution would be for ALL cell phones to work on ALL networks, then the consumer interest would be best served. As it is your current phone is essentially worthless when you change service providers. In these age of demands for use to adopt "Green" lifestyles, cell phones are one of the worst violaters of this concept.

        {"commentId":2313235,"threadId":"322049","contentId":"1703840","authorDomain":"gscotth-1"}
          Reply#3 - Tue Jul 29, 2008 5:07 PM EDT
          {"commentId":2313261,"authorDomain":"rayoki"}

          In fairness to the phone companies, you agreed to that contract's terms when you got your phone. You also, in theory, got a discount on your phone in exchange for agreeing to be a customer for two years at a specific price. That Early Termination Fee (ETF) is supposed to recoup the price of the phone. Whether that's true or reasonable is something you should have considered before you cheerfully signed away your soul to your cell phone provider.

          {"commentId":2313261,"threadId":"322049","contentId":"1703840","authorDomain":"rayoki"}
          • 2 votes
          Reply#4 - Tue Jul 29, 2008 5:10 PM EDT
          {"commentId":2314758,"authorDomain":"emartens"}

          Ray,

          I agree, you should know what you're getting into when you sign the contract. However, don't believe for a minute that your price for airtime is subsidizing a lower price for the phone. The airtime costs don't change after the contract expires, and should you buy a phone at full price you'll still pay the same airtime fees.

          {"commentId":2314758,"threadId":"322049","contentId":"1703840","authorDomain":"emartens"}
          • 1 vote
          #4.1 - Tue Jul 29, 2008 7:58 PM EDT
          {"commentId":2316847,"authorDomain":"dsherbourne"}

          You would have a point, except that if you come in with a phone you already have to avoid the "free phone" trap, it is almost impossible to get a good deal with your existing phone, and there is still an early termination fee even if you already owned the phone!

          {"commentId":2316847,"threadId":"322049","contentId":"1703840","authorDomain":"dsherbourne"}
          • 1 vote
          #4.2 - Tue Jul 29, 2008 11:51 PM EDT
          Reply
          {"commentId":2313319,"authorDomain":"jbthomas"}

          The only fee I believe should apply is the remaining proration of the equipment you bought at signup

          {"commentId":2313319,"threadId":"322049","contentId":"1703840","authorDomain":"jbthomas"}
            Reply#5 - Tue Jul 29, 2008 5:16 PM EDT
            {"commentId":2313325,"authorDomain":"w3dogger"}

            All carriers should have 2 options:
            1. Subsidized handset with 1-2 yr contract and prorated cancellation fees
            2. Non-subsidized handset without contract (activation fee would apply).

            Everyone is happy, right?

            {"commentId":2313325,"threadId":"322049","contentId":"1703840","authorDomain":"w3dogger"}
            • 1 vote
            Reply#6 - Tue Jul 29, 2008 5:17 PM EDT
            {"commentId":2314015,"authorDomain":"gn4rest"}

            I like the pro-rated cancellation fee. As for the non-subsidized handset; they would jack up the purchase price. I personally do not believe they can honestly justify the present cost of a cell phone. Would the companies figure in depreciation on those phones in the pro ration of cancellation fees?

            {"commentId":2314015,"threadId":"322049","contentId":"1703840","authorDomain":"gn4rest"}
              #6.1 - Tue Jul 29, 2008 6:27 PM EDT
              Reply
              {"commentId":2313368,"authorDomain":"geast2"}

              Cell phones are so deeply discounted when signing a new contract that I feel the phone companies should be allowed to charge an early termination fee. I agree that the fee should be prorated based on how much of your contract you are terminating.

              Regardless, states should not be imposing their own individual rules. This should be decided at the federal level.

              {"commentId":2313368,"threadId":"322049","contentId":"1703840","authorDomain":"geast2"}
              • 1 vote
              Reply#7 - Tue Jul 29, 2008 5:21 PM EDT
              {"commentId":2313482,"authorDomain":"rayoki"}

              I agree that the most equitable solution maybe to prorate the fee.

              However, I disagree with having government, at any level, legislate these types issues. Any government involvement can only hinder competition, and in the end we the consumer will pay.

              Less government, more personal responsibility.

              {"commentId":2313482,"threadId":"322049","contentId":"1703840","authorDomain":"rayoki"}
              • 1 vote
              #7.1 - Tue Jul 29, 2008 5:31 PM EDT
              Reply
              {"commentId":2313408,"authorDomain":"rich-10"}

              Once again the whiners who do not know how to read a contract cry when they break the contract. It is a contract! These are the same people who didn't know a variable rate mortgage from a fixed rate mortgage and now the government is bailing them out. Unfortunately, this is the way business has to be run today. You have to cater to those who can read or write or understand what they are signing.

              {"commentId":2313408,"threadId":"322049","contentId":"1703840","authorDomain":"rich-10"}
              • 3 votes
              Reply#8 - Tue Jul 29, 2008 5:25 PM EDT
              {"commentId":2327748,"authorDomain":"sharercs"}

              At one time we fought to stop the sale of "snake oil" to people realizing that some businesses would take advantage of people. It seems today we are quick to blame each other. Perhaps if business could be charge of all the time people can not use their cell phones since I believe that should be breach of contract I would see your point. The fact is they misrepresent their services. While there are some that are deadbeats there are many who are stuck with phones that do not work, or work poorly and they can not get out of them. I do pay my bill and I will for the next year, even though they are not being held to their end of the bargin. Giving me service.

              {"commentId":2327748,"threadId":"322049","contentId":"1703840","authorDomain":"sharercs"}
                #8.1 - Thu Jul 31, 2008 1:17 AM EDT
                Reply
                {"commentId":2313460,"authorDomain":"ken-1947"}
                ken from illinoisDeleted
                {"commentId":2313529,"authorDomain":"james-p-glover"}

                I agree those that sign contracts should abide by them. My problem is that the *only* entity in control are the providers. The providers will do whatever they want and "extort" the fees from their customers or their customers credit is at risk. I had a Sprint phone, honored my contract, kept it for almost four years. When I switched I was charged a fee ($175). Somehow without my signature or authorization I was in another contract (no I had not changed my terms.) Despite their inability to provide proof of a contract they still demanded the fee. Short of hiring an attorney and spending way more than the fee itself to defend myself my only other option was to be delinquent and risk harming my credit. The providers hold their customers hostage for more than just money.

                {"commentId":2313529,"threadId":"322049","contentId":"1703840","authorDomain":"james-p-glover"}
                • 1 vote
                Reply#10 - Tue Jul 29, 2008 5:35 PM EDT
                {"commentId":2313685,"authorDomain":"rayoki"}

                I agree, I went through a very similar situation with T-Mobile. These companies are definitely predatory, and I don't believe that they are losing revenue.

                But...there are other options available to the consumer. Such as, "No-Contract" options. If one truly needs a cell phone, but are unwilling to accept the terms a contract may impose, there are other ways.

                {"commentId":2313685,"threadId":"322049","contentId":"1703840","authorDomain":"rayoki"}
                  #10.1 - Tue Jul 29, 2008 5:50 PM EDT
                  Reply
                  {"commentId":2313530,"authorDomain":"david-blackmon"}

                  Mobile telephones (unless they are the very high end items) are a virtual dime a dozen. If you don't believe it, just walk into a dollar store and look around. Phone companies jack up the prices on most phones to make it look like you are getting a deal.

                  They all vie for your money, and try to pin you to a contract to keep you from "shopping around".
                  Where they make their real money is in monthly fees and services.

                  They should not penalize you for taking your business else where. Besides, even if you do break and pay for a contract exit. They will be beating your door down to get you to sign another.

                  {"commentId":2313530,"threadId":"322049","contentId":"1703840","authorDomain":"david-blackmon"}
                  • 1 vote
                  Reply#11 - Tue Jul 29, 2008 5:35 PM EDT
                  {"commentId":2313611,"authorDomain":"snowdogb77"}

                  Having "early termination fees" just gives the provider an excuse to provide crappy service. Removing these and enabling customers to leave without penalty if they are unhappy with the service might just prompt these bloodsuckers to PROVIDE BETTER SERVICE TO BEGIN WITH!!! Good Service = Happy Customer and they won't want to leave anyway

                  {"commentId":2313611,"threadId":"322049","contentId":"1703840","authorDomain":"snowdogb77"}
                  • 1 vote
                  Reply#12 - Tue Jul 29, 2008 5:43 PM EDT
                  {"commentId":2313640,"authorDomain":"boonema"}

                  Finally. I was a Sprint customer for 10 years and when I left because they had no coverage when I traveled abroad that my job required, I was hit with $400 in fees for the two phones we had. Irate doesn't even describe my mood. There is zero chance of Sprint ever getting any of my telecom business in the future.

                  {"commentId":2313640,"threadId":"322049","contentId":"1703840","authorDomain":"boonema"}
                    Reply#13 - Tue Jul 29, 2008 5:46 PM EDT
                    {"commentId":2313727,"authorDomain":"garynt0124"}

                    Early termination fees are nothing more than pure profit. The price charged for phones to begin with covers their costs. Do not let the robbers tell you they need the termination fees to offset the costs of phones. That is pure bull. Have they ever said as a percentage of cost how much they lose from phone sales? No. They just claim that they do. If the companies would provide decent honorable reasonably priced and reliable service they would not need to worry about their customers abandoning them for competitors. You don't see termination fees for cable, local phone service or internet service. I for one thank the courts in throwing the fees out.

                    {"commentId":2313727,"threadId":"322049","contentId":"1703840","authorDomain":"garynt0124"}
                      Reply#14 - Tue Jul 29, 2008 5:54 PM EDT
                      {"commentId":2313832,"authorDomain":"teatime2"}

                      that's why i'll never have a cell phone.
                      whatever happened to capitalism. you give poor service or product you're out of business, cause i go elsewhere.

                      {"commentId":2313832,"threadId":"322049","contentId":"1703840","authorDomain":"teatime2"}
                        Reply#15 - Tue Jul 29, 2008 6:05 PM EDT
                        {"commentId":2314179,"authorDomain":"zrctiger"}

                        There does need to be more consumer accountability. The problem isn't whether or not ETFs are fair or ethical. The issue arises with contract extensions. Each carrier is increasingly more concerned about customer retention rather than new customer accrual. This is leading to questionable business practices of renewing customers contracts for numerous reasons. A majority of these renewals are done either over the phone or without the customer even being aware. Most consumers wouldn't be able to name the year (much less date) their current contract actually expires.

                        The argument of recouping handset subsidies is valid. However, most contracts have been renewed multiple times since the original handset based discount.

                        {"commentId":2314179,"threadId":"322049","contentId":"1703840","authorDomain":"zrctiger"}
                          Reply#16 - Tue Jul 29, 2008 6:46 PM EDT
                          {"commentId":2314226,"authorDomain":"Ahermes"}

                          If a cell phone company is using the excuse that they are subsidizing the cost of a phone as the reason for the early termination fee then they need to take some steps.

                          #1 Disclose the price of the phone and make the early termination fee the difference between the actual cost and the subsidized amount.

                          #2 Have different early termination fees depending on phone model.

                          #3 Give customers the option to pay full price for the phone.

                          #4 Continue to prorate the early termination fee, for those who select the discounted phone price.

                          Having worked for a cell phone company in the past I know that the retail cost of phones is high, however I know for a fact that the cell phone companies negotiate the actual cost of the phones and purchase in bulk. I think a more realistic view would show that the early termination fees are used to pay for the expensive advertising that it takes to generate new business and have absolutely nothing to do with the cost of the phones. I'm sure that if we were all privy to the real cost of the handsets we'd find that they make a profit on the units and still charge the early termination fee.

                          {"commentId":2314226,"threadId":"322049","contentId":"1703840","authorDomain":"Ahermes"}
                          • 2 votes
                          Reply#17 - Tue Jul 29, 2008 6:51 PM EDT
                          {"commentId":2314242,"authorDomain":"zrctiger"}

                          There does need to be more consumer accountability. The problem isn't whether or not ETFs are fair or ethical. The issue arises with contract extensions. Each carrier is increasingly more concerned about customer retention rather than new customer accrual. This is leading to questionable business practices of renewing customers contracts for numerous reasons. A majority of these renewals are done either over the phone or without the customer even being aware. Most consumers wouldn't be able to name the year (much less date) their current contract actually expires.

                          The argument of recouping handset subsidies is valid. However, most contracts have been renewed multiple times since the original handset based discount.

                          {"commentId":2314242,"threadId":"322049","contentId":"1703840","authorDomain":"zrctiger"}
                            Reply#18 - Tue Jul 29, 2008 6:53 PM EDT
                            {"commentId":2314262,"authorDomain":"frank-in4d"}

                            The technology of cell phones equals that of the modern day toaster. One should be able to get one for $20 or $25 dolars, with all the bells and whistles, not $200+. If the cell company doesn't live up to it's "we have best service out of all the cell companies" pitch, why shouldn't i get my money back? How many times have you signed on the dotted line, only to have the service degrade over time, and the company tell you that "it's your phone...you need a new phone"? Total horsecrap, if you ask me. That's why I ditched my carrier and went prepaid.

                            {"commentId":2314262,"threadId":"322049","contentId":"1703840","authorDomain":"frank-in4d"}
                              Reply#19 - Tue Jul 29, 2008 6:55 PM EDT
                              {"commentId":2314283,"authorDomain":"roy-riegel"}

                              Let the consumer decide ala: John- 398192 above.

                              1. Get your phone for nothing/almost nothing and do a contract for a reasonable period of time like One year.

                              2. Pay for your phone, or "bring one with you" from your last carrier. Change the chip to work with the new carrier, and pay your per-month fees for usage. In this method, you really know what your phone costs, instead of it being "buried" in contract fees.

                              3. B.T.W. there was an article that happened to be on CNN or MSNBC today regarding ~"What fool still uses land-line phones?". Today in the earthquake in L.A. area cell phones stopped working immediately (probably due to massive overloading). All landline calls got through (probably even the telemarketing calls :( )

                              {"commentId":2314283,"threadId":"322049","contentId":"1703840","authorDomain":"roy-riegel"}
                                Reply#20 - Tue Jul 29, 2008 6:57 PM EDT
                                {"commentId":2314310,"authorDomain":"bdreinv"}

                                hey cancel direct tv early or replace defective equipment, they extend your contract 2 years. cancel early they wanted $20 bucks a month from me!

                                {"commentId":2314310,"threadId":"322049","contentId":"1703840","authorDomain":"bdreinv"}
                                  Reply#21 - Tue Jul 29, 2008 7:01 PM EDT
                                  {"commentId":2314352,"authorDomain":"DTMD"}

                                  Too many people buy phones on a whim. Let everyone pay the high price of the phones up front and then pay smaller monthly payments and no ETF's.

                                  Having to pay up front will weed out certain people who shouldn't have phones anyway.

                                  {"commentId":2314352,"threadId":"322049","contentId":"1703840","authorDomain":"DTMD"}
                                    Reply#22 - Tue Jul 29, 2008 7:08 PM EDT
                                    {"commentId":2314381,"authorDomain":"tigger76"}

                                    good idea. kinda like PC's and the internet, buy the PC and YOU choose what ISP you want to use.

                                    {"commentId":2314381,"threadId":"322049","contentId":"1703840","authorDomain":"tigger76"}
                                      #22.1 - Tue Jul 29, 2008 7:12 PM EDT
                                      {"commentId":2314419,"authorDomain":"jeffreysmith-1"}

                                      This would make it much harder for many people who need phones to get them. Not everyone can afford to pay hundreds of dollars for a phone in one lump sum, but they can afford the $39 monthly rate.

                                      {"commentId":2314419,"threadId":"322049","contentId":"1703840","authorDomain":"jeffreysmith-1"}
                                      • 1 vote
                                      #22.2 - Tue Jul 29, 2008 7:17 PM EDT
                                      Reply
                                      {"commentId":2314373,"authorDomain":"jeffreysmith-1"}

                                      I hope people are ready to pay anywhere from $200 to $500 the next time they go to get a new phone or when they first sign up for service an get their initial phone. The carriers underwrite the cost of the phone and make it back over the course of the two year contract. I agree that the termination fee should be prorated, but it is a fair thing to have an early termination fee on a contract. After all, you pay a fee if you break your lease!

                                      I also would not count on the carriers lowering their monthly fees to reflect the end to the phone subsidy recovery. In the long run I think that this ruling is going to cost most people money.

                                      {"commentId":2314373,"threadId":"322049","contentId":"1703840","authorDomain":"jeffreysmith-1"}
                                        Reply#23 - Tue Jul 29, 2008 7:11 PM EDT
                                        {"commentId":2314375,"authorDomain":"tigger76"}

                                        I think that this is a common truth about corporate america. these mobile phone companies nickel and dime the customer. what about unlimited long distance like landlines?

                                        why should i use a cell phone? if I don't want to be contacted, I wouldn't use one.

                                        {"commentId":2314375,"threadId":"322049","contentId":"1703840","authorDomain":"tigger76"}
                                          Reply#24 - Tue Jul 29, 2008 7:11 PM EDT
                                          {"commentId":2314398,"authorDomain":"bdreinv"}

                                          hey cancel direct tv early or replace defective equipment, they extended my contract two additional years, and if I cancel early they want $20.00 per month. Seems alot like the cell phone deal!!!!!!!!!!! too me.

                                          {"commentId":2314398,"threadId":"322049","contentId":"1703840","authorDomain":"bdreinv"}
                                            Reply#25 - Tue Jul 29, 2008 7:15 PM EDT
                                            {"commentId":2314400,"authorDomain":"jeffreysmith-1"}

                                            I hope people are ready to pay anywhere from $200 to $500 the next time they go to get a new phone or when they first sign up for service an get their initial phone. The carriers underwrite the cost of the phone and make it back over the course of the two year contract. I agree that the termination fee should be prorated, but it is a fair thing to have an early termination fee on a contract. After all, you pay a fee if you break your lease! I do think the fee needs to be based on the cost of the phone and the number of months remaining on the contract.

                                            I also would not count on the carriers lowering their monthly fees to reflect the end to the phone subsidy recovery. In the long run I think that this ruling is going to cost most people money.

                                            {"commentId":2314400,"threadId":"322049","contentId":"1703840","authorDomain":"jeffreysmith-1"}
                                            • 3 votes
                                            Reply#26 - Tue Jul 29, 2008 7:15 PM EDT
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