Sprint Nextel hit with new class action lawsuit: Carrier’s roaming charges at center of action

Sprint Nextel Corp. faces a new class action lawsuit alleging the No. 3 mobile phone carrier misled consumers by improperly charging roaming fees in connection with two “fair and flexible” plans.
“All roaming fees assessed to [Myra] Johnson were wrongful because defendant Sprint did not know and/or failed to ascertain her physical location at the time the calls were place or received to determine whether roaming charges could be properly assessed against her, which is a breach of the terms of the contract,” stated the 20-page suit filed in the U.S. district court in Charlotte, N.C. “As a direct and proximate result of defendant Sprint’s misconduct,” the lawsuit adds, “defendant Sprint’s misconduct, plaintiff and class members have suffered damages including, but not limited to, paying wrongly assessed charges, past and future economic loss, and loss of benefits, plus interest, attorneys’ fees and costs.”
It is the second class action lawsuit to hit Sprint Nextel this year. Last month, a lawsuit filed in Illinois federal court claim Sprint Nextel was illegally extending contracts of mobile phone subscribers who made minor changes to their service.
In response to the latest class action lawsuit, Sprint Nextel stated, “We’re still reviewing the complaint, so we can’t comment on the specific claims. We take great care to ensure that our customers understand the scope of service offered through their plans with Sprint.”
The litigation is the last thing Sprint Nextel needs at the moment. The carrier, under new CEO Dan Hesse, is trying to turn itself around in the face on significant subscriber losses and uncertainty about its WiMAX plans. Hesse yesterday decided to move Sprint Nextel corporate headquarters from Reston, Va., to Overland Park, Kan.