Another BBB complaint!

From Radek:

Hey There!

I had/have a crusade of my own with Sprint and the $10 fee. I called the Customer service line. I got 2 managers up. Neither could really justify the fee. One said they do get complaints about it, but the one higher said he has never heard of it

Anyway, then I sent a complaint to BBB. Two weeks later I was contacted by:

Same old story. Well, maybe it's not the same since now they're saying it's not for 4G it's for the phone. So I argue that it says "premium data plan". The phone is hardware and Sprint is charging to a non-existent service.

Anyway, then I thought about starting a blog, because we need to unite. They won't listen to complaints from individuals. Then I came across your site. I think it's an awesome job you did there. Please let me know if I can help in any way. I do have copies of my emails to BBB and the Sprint's representative (mentioned above) response to my inquiry.

Regards,
Radek

OK, so obviously I don't have a recording of my conversations with Customer service, but like I said I got the 1st "responder". I pled my case, he was trying to push the 4G-capable thing on me. I wouldn't give in, so he says I will connect you to my supervisor. The exact same conversation with the next guy, so he connected my to his supervisor. I got the same explanation. This supervisor said this is the 1st time he's hearing anyone complaining about this fee. I challenged that saying that the person who connected me to him told me Sprint had a bunch of complaints about this He just denied it and said that he was not aware of the issue. So I didn't really get anywhere there. When the last guy lost all of his arguments he kept repeating that I can return the HTC EVO and get a different phone.

So I wrote this letter to BBB:

To Whom it may concern, On June 4th I bought Sprint's HTC EVO 4G Phone at Radioshack. I understood that I would be charged $10 extra for the 4G plan. I agreed to it. What I did not realize it that there is no 4G service in my area nor in the state of New York for that matter. I called Sprint's customer service after receiving my first bill. I wanted an explanation to why I am being charged for a service I am not receiving. I was transferred twice between managers. Neither had a reasonable explanation. Some of the information was contradicting, e.i. one admitted that Sprint has received complaints about this fee whereas the the other manager denied it. Also, one explanation I heard was that I am getting charged for the phone it self and that it is capable of HD video recording. My response was that this is not true, because I already payed for the hardware $200 and it clearly states on the bill that this charge it for the 4G data plan - a service. The other manager's response was that the fee is for the general data plan, which is also not true. Right now I have to use the 3G network, because 4G is not available. This is included in the $69.99 Everything plan. Every other Sprint phone using the 3G network does not have the $10 additional data fee. I was not offered any compensation. In the end I was told this is what it is and I have to pay the $10 fee for the 4G service which I am not getting. I would like to be dismissed of paying the $10 4G data fee service per month until it is available in the area of my residence. Also, I would like to get back the $10 4G data plan fee I already payed in June for a service I could not have used. I think it is not fair that Sprint made this charge mandatory, even in the cities where 4G is available. There is a button in the phone to turn 4G function ON/OFF. If users do not want to use 4G they simply can not turn it on and stick with 3G. I would appreciate your help in this matter.

Regards, XYZ

DesiredSettlementID: Other (Requires Explaination)
Product_Or_Service: Other /HTC EVO 4G/Unlimited $69.99 4G
Account_Number: 123456789
Purchase_Price: 97.00

This is what Ayanna --------- replied to BBB (later she called me):

June 28, 2010

Better Business Bureau
8080 Ward Parkway, Suite 401
Kansas City, MO 64114

Attention: ----------

Re: BBB Case ---------
Sprint Nextel Account 12345678, XYZ
Sprint Nextel Case ------------

Dear Ms. M:

Sprint Nextel is in receipt of the follow-up inquiry of Mr. XYZ. This inquiry was received by Sprint Nextel on June 18, 2010, and we appreciate the opportunity to respond.

According to the information provided, Mr. XYZ is disputing the $10 Premium Data charge and is requesting that the fee be waived. He explained that he has been unsuccessful at resolving his account concerns with our Customer Care Department.
Please note that Sprint Nextel has reviewed Mr. Pieniazek's concerns thoroughly and appreciates his feedback regarding the $10.00 premium data add-on associated with the HTC EVO. However, the $10.00 premium data add-on is not a charge for 4G service. The launch of the EVO signifies a shift in the data features and services that Sprint is able to deliver customers today. With this shift, customers will have higher data usage on the Sprint 3G and 4G networks. More specifically, the HTC EVO provides customers with access to a richer data experience than what was previously available on devices, such as mobile-to-mobile video capabilities, and viewing movies and other media in a high definition format. This richer data experience requires Sprint to allocate additional resources to its data networks to continue to provide an optimal data experience for all customers. The $10.00 premium data add-on is intended to help cover the costs associated with these additional resources and will only be assessed on customers who have purchased devices that are capable of taking advantage of this robust data experience. Customers can experience this richer data experience on either the Sprint 3G or Sprint 4G network. Customers who live in or travel to a 4G market will experience a faster data experience and as the Sprint 4G network coverage expands to an expected 120 million POPs by the end of 2010, more customers will be able to take advantage of these 4G speeds. Sprint notes that the required $10 premium data add-on is clearly and conspicuously disclosed in all relevant sales and marketing materials, and is directly confirmed with the consumer as part of the purchase process. Customers who do not want to pay the $10 premium data charge are always free to select from Sprint's robust device line-up and enjoy a quality data experience. Moreover, customers can return or exchange a device without incurring an Early Termination Fee for 30 days after purchase.
We regret any inconvenience that this matter may have caused and appreciate his loyalty to the Sprint brand. We can be reached by calling the Executive & Regulatory Services Department toll-free at 1-866-395-4606, Monday through Friday, between 7 a.m. and 5 p.m., Central Time.

Sincerely,

Ayanna ------------
Executive Services Analyst

So I replied to BBB:

Thank you for your response.

I received a call from Mrs Ayanna Williams-Ward today and I see she responded to you as well. I'm sorry, but this justification is not valid. The "premium data plan" is for the 3G and 4G networks? Ok, but the 3G phone users are not paying the $10 fee. I am a 3G user as well, because 4G is not available in my area.
The argument that the phone is HD and video chat capable is ridiculous. These are hardware features. The $10 fee is for data service. I payed $200 for the phone - the hardware. Other phones that Sprint offers are cheaper.
Oh, and the video-chat, there's a separate $5 per month fee. Let's not confuse the two.
Travel argument... I LIVE IN NY. There is no 4G network here nor in any of the surrounding states.

This is really simple. Spring is charging a $10 fee for a non-existing service. If that's legal than we live in scary times.

Thank you for your time,
Radek

I'm currently waiting for a response.

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