Sprint responds to my BBB complaint..

Posted by Brian - ExplainTheFee.com

So.. I got a response to my BBB complaint!  I figured that a response to the BBB might actually give us a little more information about this fee.  What I got in return though was unbelievable.

Re: BBB Complaint #######, ----- ------
Sprint Nextel Account #########
Sprint Nextel Case ######

Dear BBB,

The inquiry referenced above has been forwarded for our review. We appreciate your assistance in bringing our customers' concerns to our attention.

In his correspondence, Mr. ******* expressed his dissatisfaction with Sprint Nextel's policy regarding the $10.00 premium data add-on associated with the new HTC EVO handset. According to Mr. *******, he feels it is an unfair business practice for Sprint Nextel to configure the aforementioned add-on associated with the HTC EVO if he is not even in a 4G coverage area to take advantage of coverage and service.
Please note that Sprint Nextel has reviewed Mr. *******'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 $10.00 premium data add-on is for unlimited data usage while in 3G/4G Sprint network area. The aforementioned add-on represents the rich data experience that HTC EVO 4G provides whether in 3G or 4G area on Sprint's network with applications such as QIK, Sprint's TeleNav, Google Maps and Sprint Football Live, in addition to updated websites like YouTube, ESPN and Google.com.
If Mr. ******* does not agree with the $10 premium data add-on associated with the HTC EVO, Sprint Nextel also offers handsets such as the HTC Hero, Samsung Moment, (with Android 2.1) Palm Pre, Samsung Instinct, Instinct S30, and the Instinct HD with one of our Simply Everything plans associated with data starting at $69.99 per month. Please be advised that the $10.00 premium data add-on is not associated with the aforementioned devices. Information regarding handsets, requirements, price plans, etc can be located at www.sprint.com.

If I may be of further assistance with this matter, please contact us by calling the Sprint Executive & Regulatory Services Department toll-free at 1-###-###-#### or you can contact me directly at (###)###-####. We are available Monday through Friday from 7 a.m. to 5 p.m., Central Time.

Sincerely,

*******
Executive Services Analyst

Now, as the person who initiated the complaint, I have the option to reply back if I do not agree with the answer provided.  This was my response:

To clarify, I do not feel that it is unfair business practice for Sprint Nextel to configure the $10 Premium Data add-on if I am not in a 4G coverage area.  Although, I do feel that it is unfair business practice for Sprint Nextel to charge $10 for their Premium Data add-on as their definition on their website is unclear.

http://shop.sprint.com/en/stores/popups/premium_data_popup.shtml describes what the Premium Data add-on provides:

• A wicked fast processor to make your apps run smoother and faster on our Sprint 3G and 4G network
• Top quality media experience with oversized screen, high resolution video and HD recording
• High-quality pics to snap and share with friends and family

As you can see, they state that the "Premium Data" add-on is justified by a "wicked fast" processor of the phone that I purchased.  Also, an "oversized screen" and the ability to snap high-quality pics.

I inquired with Sprint.com on their chat support and they confirmed 5 times that the "Premium Data" add-on is for the hardware of the phone that I bought.  There is no mention of "data".  See (http://explainthefee.com/2010/06/08/sprint-explains-the-fee-well-kinda/).

Sprint Nextel's response that the $10.00 premium data add-on is for unlimited data in the 3G area is shocking.  According to Sprint Nextel's terms of service there is NO "limited" or "cap" on the data with their phone plans.

Terms of service: https://manage.sprintpcs.com/output/en_US/manage/MyPhoneandPlan/ChangePlans/popLegalTermsPrivacy.htm

Data Usage Limitation (Mobile Broadband Cards, USB Modems, Imbedded Modems and Phone-As-Modem): The amount of data transmitted over our network is measured in kilobytes (KB), megabytes (MB) or gigabytes (GB). Sprint reserves the right to limit throughput speeds or amount of data transferred; and to deny, terminate, modify, disconnect or suspend service if usage either exceeds (a.) 5GB/month in total, unless specified otherwise or (b.) 300MB/month while off-network roaming. 1024 KB equal 1 MB. 1024 MB equal 1 GB.

I also asked another Sprint.com chat rep about this as well on 5/30/10 where they stated that there is NO cap:

3:29:55 PM : Me: Can you answer this? Will the data card be capped at 5GB and will the phone be capped at 5GB if I have the Unlimited Data plan for 69.99?

3:30:26 PM : Robin S.: The data card has a cap of 5GB on the 3G network.

3:30:35 PM : Me: Does the phone have the same cap?

3:30:40 PM : Robin S.: However, the phone does not have such cap.

3:31:05 PM : Robin S.: You can use Unlimited Data on your phone with the $69.99 Everything Data plan.

-----------------

If Sprint states that the $10 data add-on is for UNLIMITED data, why does the terms of service state that there is no cap, and Sprint Nextel reps also state that there is also no cap.

Sprint has also stated that the add-on provides the following applications:  QIK, Sprint's TeleNav, Google Maps, Sprint Football Live, in addition to updated websites like YouTube, ESPN, and google.com.   How does this add-on provide these?  Can this be clarified?  I currently have the Sprint Samsung Moment, and all of these applications and websites are available on this phone AND I am not paying an extra $10 for the Premium Data add-on.

In addition to this BBB complaint, I have been in contact with reps from the CEO's office by emailing Dan@Sprint.com.  They have replied to me and after a 2 hour conversation they stated that they would have their management team contact me.  30 days have passed and I have not received any contact from anyone regarding this.  I have sent a follow up email regarding the lack of response, and am waiting to hear back from someone.

Simply put, Sprint clearly defines the $10 "Premium Data" add-on as hardware features of the phone, as supported by their definition on Sprint.com.  They also have confirmed this via the Chat support where I asked 5 times if the fee is for the hardware features.

In addition to them defining the "data" add-on as "hardware" features of the phone, they state that you get unlimited usage on an already unlimited plan.   Since they mention these applications in a response to a BBB complaint, you would assume that these are exclusive to the "Premium Data", but this is incorrect.  You can access these applications and use these websites without any additional fee on other devices that do not require this "Data" add-on.

I am requesting to have the terms that Sprint uses for this "Data" add-on defined:

How fast is "wicked fast"?  What defines an "oversized screen"?  What is "high quality" pictures?  Why can I access the "exclusive" applications on other phones that do not require the "Premium Data" add-on?

Also, on 6/28/10 Sprint released information on their new phone "Epic 4G".  This phone has different technical specifications than the EVO 4G, but to be pro-active, in the event that Epic 4G requires any additional "Premium Data" charge, can this be defined as well for this device?

Thank you,

explainthefee.com

Let's see what their response is..  but seriously?  They're telling the BBB that the "Premium Data" fee allows you to use google.com and google maps?  Really?!

An Email from Sprint’s PR Manager..

Posted by Brian - ExplainTheFee.com

I reached out to John Taylor and asked him for any comment on my website.  He advised me that due to his policies with Sprint, he wouldn't be able to give a comment but would forward my information to the manager of the Sprint pricing department.  I appreciate the response John and totally understand your policies.

Shortly after, I received the following email from Emmy Anderson, the Communications Manager of Marketing Public Relations:

Hi there,
John Taylor brought your http://explainthefee.com site to my attention, so I just wanted to reach out and provide a little clarification on the $10 Premium Data add-on.
The $10 per month Premium Data add-on gives the user a richer data experience on HTC EVO 4G than ever before at both 3G and 4G speeds, taking advantage of features including an 8MP auto-focus camera with HD-capable video camcorder and front-facing 1.3MP camera, superfast Snapdragon processor so navigation on the phone is quicker and apps load faster, 4.3” touchscreen for a great multimedia experience and 3G/4G capability. The combination of features and services on the HTC EVO 4G provide capabilities that were never previously available on a wireless device so customers will have a better experience and higher data usage on both the Sprint 3G Network and Sprint 4G Network.
And keep in mind, Sprint’s Everything Data plan with Any Mobile Anytime for $69.99 per month plus $10 Premium Data add-on still beats the competition. Only Sprint offers unlimited calling to any mobile in America, unlimited text and 3G/4G data for only $79.99 per month. That’s a $40 savings compared to Verizon and ATT’s unlimited talk/text/data plans (and they don’t offer 4G).
I hope that helps! Thanks for your interest in HTC EVO 4G.
Emmy Anderson
Communications Manager
Marketing Public Relations
Sprint
[redacted #]

As you can see, she wanted to reach out and clarify what the $10 Premium Data add-on provides.  I think I obviously understand by now what Sprint's "little clarification" is of the fee.  Again and again we're advised that the $10 fee brings the customer a "richer data experience" that has never been seen before.  I mean, where else can you get dual cameras, a faster processor and a bigger screen for only $10 more a month?  That sure sounds like a great deal.. you get such a great "data experience" with those hardware changes.  Can we please now talk about the actual network changes?

She writes in her email that the combination of those hardware features (superfast processor and 4.3" touchscreen) and services (such as GPS and loading apps faster) were never available previously on other wireless devices, so the customer will experience higher data usage .. wait, what?  I'm going to use more data with a bigger screen?  Does opening my calculator use more data since it loads faster?  Does recording my son's first steps on the 8MP camera with HD-capable video camcorder require network usage or playing it back while using the kickstand?

Emmy says to keep in mind that the Everything Data plan still beats the competition, since Verizon and ATT doesn't offer 4G.  Well Emmy, thank you for closing your email with my biggest argument.  You're not offering me 4G either!  How can you continue to talk about the $10 premium data add-on, and how it will forever change our lives and not understand the entire point?

Charging $10 for something that a consumer will actually use makes sense.  As stated in my "dan@sprint.com" emails, there was an analogy used:  If you have Sprint Roadside assistance for $4 you expect to be able to use it.  If I have the "Premium Data" add-on, I want to see some "Premium Data" and not to be told what HARDWARE enhancements my phone will have.  Let's talk about the network that the "Premium Data" is on.  What will an EVO user see on 3G speeds that makes them need to spend another $10 a month?  The ability to use a kickstand while they're watching a file they just recorded?

It's ok, Emmy, your tweet makes it pretty clear; the $10 gives non-4G users 4G when it's in our area, plus a processor and huge screen.  I guess 4G is a bonus for some of us..

Emails from Sprint

Posted by Brian - ExplainTheFee.com

I contacted Dan@sprint.com and asked why I would be charged $10 for the "Premium Data" fee when I was not in a 4G area.

Here are some replies from a representative who answered the mailbox:

From Sprint:

May 21, 2010 at 8:19 AM

Thank you for contacting Dan@Sprint.com.  I would like the opportunity to address your concerns in regards to the $10.00 Premium Data add-on for the HTC EVO 4G.

We are all excited about the release of the new HTC EVO 4G; however I understand you have some concerns regarding the additional $10 Premium Data add-on.  The $10 Premium Data add-on includes many enhanced features needed to operate the HTC EVO 4G. The data experience of HTC EVO 4G can be enjoyed by all customers,
regardless if they are in a 3G or 4G network.  In addition, these data-rich features are available to customers nationwide as well as those who travel frequently to 4G markets. Sprint 4G is expected to be available to up to 120 million people across the United States by the end of 2010.

With the HTC EVO 4G the data capabilities are so rich, customers may lose themselves in endless surfing. Users will typically consume more data due to the enhanced experience, and the Premium Data add-on assures they have the bandwidth to accomplish this.  Mr. Hesse described the EVO experience like going from regular television to a High Definition television.  Our HTC EVO 4G features are custom made for data-loving customers. With a 4.3 inch display, watching a YouTube video, or your
favorite show has never been better.  You can just pop out the included kickstand and watch videos on-the-go.

In addition, we offer two cameras – an 8.0 megapixel auto-focus camera with HD-capable video camcorder as well as a forward-facing 1.3 megapixel camera. We want our customer to be able to enjoy these data-rich capabilities which does require a more complex data plan.

Sprint does offer selective phones that require a specific rate plan in order to operate the device. The HTC EVO 4G device will be included in this selection of phones. In order for the HTC EVO 4G to operate it will require the $10.00 premium data add-on; however Sprint does offer a wide range of phones in which this additional fee is not necessary.

If you have any questions or need additional assistance I can be reached at [redacted] or by replying to this email. I am in the office from 10:00 AM – 7:00 PM EST Monday through Friday.

Thank you for contacting Dan@Sprint.com. Enjoy the rest of your day!

Sincerely,
[redacted]
Sprint

My reply:

May 21, 2010 at 12:37 PM

[redacted],

You state that the $10.00 Premium Data add-on is for the HTC EVO only.. but isn't the name of my plan the "Everything Data"?  Everything implies "ALL INCLUDED", thus any additional add-on should be null.

In addition to that particular argument another statement of yours is the data experience.  Your claim that my enjoyment of the HTC EVO's "$10.00 Premium Data add-on plan" should also be had on the 3G network.  What about when I can't even get 3G speeds because whenever I am in my house or office, or even around my town I only see to acquire "1X" speeds.  I do most of my communication from either my home office or my business, and I always seem to get dropped calls unless I'm huddled in
the corner near a window praying for the call not to drop.  Will this phone somehow perform a miracle to allow me to further enjoy my non-existent 3G speeds with this additional $10 a month charge?

Another one of your points is that since the HTC EVO would be enjoyed with it's endless surfing and because of that, there would be the need for the "Premium Data add-on", which would assure that I had enough bandwidth to accomplish this.  But, my question to you is that if I currently am paying over $129 for a "Everything Data" plan that includes unlimited data, and I'm still going to be using the same "3G or 1X" network, then why would I need to pay extra for something that isn't available to me?  Why would I need to assure myself of the 4G bandwidth and pay extra for something that I'm already paying for?  What will be different for me? Will my speeds be higher with the EVO phone in my house or business?

Why even mention to me about the 4.3 screen or kickstand when I'm talking about technical specifications of the Sprint 1X/EVDO Rev0/RevA/3G/4G network.  You're asking to me pay for something I cannot technically acquire.

I am kind of upset about the lack of personalized messages and this appears to be a canned response.  What does the two cameras have to do with my question?  How does a video camcorder require a more complex data plan?  Are you serious?  I'm sorry that I'm not a typical user who might believe these statements, but please, answer how a 1.3MP forward-facing camera would require an extra $10 a month from me.

What other selective phones require a specific rate plan in order to operate the device?  When I spoke with my sales representative, he explained to me that since I am a Sprint Premiere Customer, and I have the top of the top plan, and it's clearly stated as "EVERYTHING"... that I would never need to pay for anything extra.

If you had to pay a required fee for OnStar on your new vehicle and in your town the satellites were not yet available to use the feature, would you feel comfortable paying for that fee?

Please review my arguments, and I would hopefully expect to get a response back that addresses each of my issues.  I've been a sprint customer for many years now, and I am simply asking for the explanation to why I need to pay for something that is not yet available to me. When 4G is rolled out to New York, then maybe you can change the name of my plan to the "Nearly EVERYTHING" plan.

I prefer email correspondence, so if there is a better email address that I can reply to, please let me know.

Thank you for your time,
[me]

From Sprint:

May 21, 2010 at 5:24 PM

Dear [me],

Thank you for your feedback. I extend my most humble apologies if I did not address your concerns to your satisfaction. I certainly understand you currently have the Everything Data plan, however all additional add-on are not null. For example, if you wanted road side assistance included with your plan there would be an additional fee of $4; therefore, if you opt to purchase the HTC EVO the premium data package would be an additional and required fee of $10.00.

I understand your frustrations as you indicated that the 3G speeds are not available for you to utilize. As mentioned, the data experience of the HTC EVO 4G can be enjoyed by all customers, whether being within a 3G or 4G network; however this device may not be the most logical device for all customers. As I previously mentioned, Sprint does offer a wide range of phones in which the additional $10.00 Premium Data fee is not required.

My intentions were certainly not to further frustrate you by mentioning the features in which the HTC EVO is equipped with. This was strictly for educational purposes and to provide you with some of the capabilities of the device in comparison to other devices available.

If you have any questions or need additional assistance I can be reached at [redacted] or by replying to this email. I am in the office from 10:00 AM – 7:00 PM EST Monday through Friday.

Thank you for contacting Dan@Sprint.com. Enjoy the rest of your day!

Sincerely,
[redacted]
Sprint

My reply:

May 21, 2010 at 6:15 PM

[redacted],

If I were to purchase road-side assistance for a fee of $4, would I expect the service to work?  The answer is YES.

If I were to purchase the "premium data package at the required fee of $10.00", would I expect the service to work?  The answer is also YES.

I'm not frustrated that the 4G speeds are not available in my area, I'm frustrated that you will not waive the $10 fee for the premium data package that is not in my area.

I think it is very ridiculous to state that this device might not be the most logical device for me.  Now it is my turn to educate you on what the device boasts:

• 4.3 inch screen
• Android 2.1
• HTC Sense
• 1 GHz Snapdragon processor
• 1500 mAh battery
• WiFi capable
• Dual camera with 8MP video camera and 1.3MP front facing camera
• GPS Navigation
• 3.5 mm headset plug
• Digital Compass
• Kickstand for media viewing
• HDMI output
• Android Market
• FM Tuner

All of the above are reasons for my initial desire to purchase this phone.  These features far surpass what my current phone offers and those are the reasons why I want the phone.  Not the 4G service.

I think that it is wrong to imply that this required fee provides me with additional services.  I simply want a superior device.

Can you answer this question - "How can the data experience of the HTC EVO 4G be enjoyed in the 3G network only?"

I think that it is unfair that the whole country that is left without the 4G network is supposed to be fined $10 a month for something that cannot be used by them, if they wish to purchase this phone.

If I cannot get 4G speeds because your network is not yet in my area, how can you charge me for it?

I am requesting that if I were to purchase the HTC EVO 4G phone, that I would receive a courtesy credit of $10 to my plan until the day that 4G is available in my area.

From Sprint:

Dear [me],

I certainly appreciate your feedback. I would like the opportunity to speak directly with you so I can address your inquiries with consistency and clarity. You stated in your reply that the HTC EVO is a far more superior phone than the phone you are currently using. The $10.00 premium data fee is associated with the phone. The 3G/4G coverage is designed to enhance the HTC EVO data experience.

As mentioned, users will typically consume more data due to downloads and gaming usage. The HTC EVO technology requires a premium data feature based on the enhanced features associated with the phone. A high end car performs much better on a higher octane level of gasoline than if a lower octane was used. Instead of totally reconfiguring our calling plans we decided to provide our customers with the best HTC EVO experience for about $.35 a day. I appreciate your feedback because this will help Sprint to continue to make the necessary changes to provide our customers with the lowest possible calling plan and HTC EVO experience.  The $10.00 fee will not be assessed to your existing calling plan unless you elect to upgrade to the HTC EVO.

If you have any questions or need additional assistance I can be reached at [redacted] or by replying to this email. I am in the office from 10:00 AM – 7:00 PM EST Monday through Friday.

Thank you for contacting Dan@Sprint.com. Enjoy the rest of your day!

Sincerely,
[redacted]
Sprint

My reply:

May 22, 2010 at 10:49 AM

[redacted]

I feel that you're still not understanding my uneasiness regarding this entire situation.  You state that the phone requires a $10 premium data fee due to the enhanced 4G experience.  That might be perfectly true, but will I be able to use 4G? No.

A high end car might perform much better on higher octane gasoline, but what if all the gas stations in New York were without that pump and all you had available was 87 Regular octane?  Would the car still perform at the intended performance?

You continue to reply with flawed analogies which each time I have a counter argument that isn't addressed:

1.  If you had to pay a required fee for OnStar on your new vehicle and in your town the satellites were not yet available to use the feature, would you feel comfortable paying for that fee?

2.  If I were to purchase road-side assistance for a fee of $4, would I expect the service to work?  The answer is YES.

If I were to purchase the "premium data package at the required fee of $10.00", would I expect the service to work?  The answer is also YES.

3.  If you went to see a new movie in 3D and paid for the 3D tickets and then walked into the theatre to see that it's only in 2D, would you approach the manager and ask what happened?  What would you say if they told you, "Oh sorry, the tickets are priced higher for 3D nationwide, but only some theatres are 3D enabled."

If you cannot waive this fee due to the service not being available on Long Island, NY, then please have your supervisor reply back to me going forward.

[me]

From Sprint:

Dear [me],

I certainly appreciate you taking time out of your schedule to respond back and forth with me in regards to the $10.00 HTC EVO premium fee. I would like the opportunity to speak directly with you so I can fully address your inquiries with consistency and clarity. If you would please provide me with your contact number coupled with the most convenient time to contact you, I will be more than happy to block this time off on my schedule. I look forward to speaking with you and addressing your concerns.

My direct contact number is [redacted], Monday through Friday from 10:00AM – 7:00PM EST.

Thank you for contacting Dan@Sprint.com. Enjoy the rest of your day!

Sincerely,
[redacted]
Sprint

I have a date scheduled to speak with them and if they give me permission, I will be uploading the conversation to this website.