Free Motion to Expedite - District Court of California - California

Case 3:07-cv-02231-RJB

Document 13-5

Filed 02/07/2008

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Alan M, Mansfield (SBN 125998)
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anlÐrosnerandmansfi eld. com

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John W. Hanson (SBN 214771) i ohnlØrosnerandmansfield.com ROSNER & MANSFIELD, LLP 10085 Canoll Canyon Road San Diego, CA92l3l Tel: (858) 348-1005 Fax: (858) 348-1 150

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Attorneys for Plaintiffs

Art Neill (SBN 246717)
[email protected] UTILITY CONSUMERS' ACTION NETV/ORK 3100 Fifth Ave., Suite B San Diego, CA92103 Tel: 619-696-6966 Fax: 619-696-7477

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Attorneys for UCAN

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF CALIFORNIA

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UTILITY CONSUMERS' ACTION NETWORK and ERIC TAYLOR, on behalf of
themselves, their members and/or all others similarly situated, as applicable,

) cAsE NO. 07 CV 2231 W (LSP)
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) CLASS ACTION

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j orclannrloN
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oF cARLA

Plaintiffs.
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SPRINT SOLUTIONS, INC.; et al.,
Defendants.

FRIEDzuCH IN SUPPORT OF EX PARTE APPLICATION FOR ORDER PERMITTING EXPEDITED DISCOVERY PURSUANT TO FED. R. CIV. PROC.26(a)

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N/A ) Date: Time: N/A ) ) Courtroom: Hon. Thomas
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Whelan

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DECLARATION OF CARLA FRIEDRICH

cAsE NO. 07 CV 2231 W (LSP)

Case 3:07-cv-02231-RJB

Document 13-5

Filed 02/07/2008

Page 2 of 6

Declaration of Carla Friedrich

I, Carla Friedrich, declare the following:

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The facts stated in this declaration are my own personal knowledge, and I could and would competently testify thereto if called upon to do so.

I, at all times relevant to this proceeding, was a wireless customer with Sprint. My account
number ís 842072566. I had three wireless phones associated with my account. The contract period on two of the wireless phone was to end November 2001. The wireless contract on the

third phone was to end March 2009.
3.

On January 10, 2008, I contacted Sprint Customer Service at 1-888-21l-4727.

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My January lOtl' call was in response to

a notice

I received of new "administrative" and

"regulatory" charges. I calculated that the new charges would increase my monthly bill and I
called customer service to cancel my contract because the new charges changed my terms
and conditions and increased my monthly amount owed.
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I spoke to a Customer Service Representative who informed me Sprint had every right to add
the fees and that I could not terminate my contract without incuning an ETF.

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I, surprised by that response, reviewed my terms and conditions and researched the topic of
materially adverse changes to wireless phone contracts such as mine. Based on my research I
believed I should have been able to terminate my account without incuning any ETFs.

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On January 14,2008I contacted Sprint Customer Service at 1-888-567-5528, a number li

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within my terms and condition to call if I believe
materially adverse effect on me.

a change to the terms and

condition had a

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On January l4tl' I spoke with Jamie (employee # JXD6624). I explained how the new
had an adverse effect on me, as I would incur over $200 in new charges over the remainder

of rny wireless contract. Jamie stated he thought it was odd that I was suggesting $200 is
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adverse, asking me "Are you serious?"

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Jamie then stated he would try to approve a

$

100 credit to my account, but would have to

talk to his supervisor. When he returned to the line after several moments Jamie stated his
supervisor would not approve a $100 credit because I receive a discount from my employer.
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At that point I request to cancel my Sprint wireless contract. Jamie stated that if I wanted to cancel I should first port the wireless phone numbers I wished to keep. I asked Jamie if he
promised I would not receive any ETFs. Jamie stated no problem and to call back after I ported my number.

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Fricdrich Declaration -

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Case 3:07-cv-02231-RJB

Document 13-5

Filed 02/07/2008

Page 3 of 6

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I 1. Jamie also informed me that

I should port my wireless phone number numbers and terminate

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the contract before January 16,2008 to avoid incuning charges for another month of service.
12. On January 15, 2008,

I ported two phone numbers associated with my Sprint account.

13. On January 15,2008 I called Sprint Customer Service at 1-888-567-5528.1 requested to
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speak to Jamie, (employee #JXD6624), but was informed by Customer Service

Representative Jared that he was unavailable, but that Jared would assist me in terminating

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my contract.
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I informed Jared, that per the instructions of Jamie (employee #JXD6624) I ported two phone numbers with my account and wanted to cancel the third phone number with the account.
I would not incur any ETFs. I paid the stated final balance of $93.46.

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15. Jared informed me that he would cancel my account and 16. On January 15, 2008, 17. On January

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22,2008,1received a bill with $649.18 in fees, including ETFs, payment due on 22,2008,1 called Sprint Customer Service and spoke to Representative Corona.

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February 9, 2008.
18. On January

was informed that I would need to discuss the bill with Jamie (Employee #JXD6624).
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I requested to be transferred to Jamie, Corona informed me that they could not transfer my
call to Jamie, but that they would email Jamie and Jamie would contact me as soon
possible.
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20. After waiting several hours, I called Sprint Customer Service again and spoke to Representative Dana. I asked Dana to transfer me to Jamie (Employee #JXD6624). Dana

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informed me she could not transfer for me, but would email Jamie and have him call me.
21. I asked Dana why she could not remove the ETFs from my account and correct my bill herself. Dana stated that Jamie must make the changes.

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22.I

asked Dana

for

a

direct number to reach Jamie (Employee #JXD6624), Dana would not

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provide me with a direct number but again stated she would email him and Jamie would
contact me as soon as possible. 23. I asked Dana to inform Jamie (Employee #JXD6624) in the email she sent him to remove the
charges from my account and send me a comected

bill in addition to contacting me.

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24.Today is January 28,2008 and I have yet to be contacted by Jamie (Employee #JXD6624) or
any other Sprint representative regarding the $649.l8 in disputed charges. 25. Attached is a copy of a postcard I received from Sprint. The postcard is not dated.

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I declare under penalty of perjury, under the laws of the State of California and the United States of America, that the foregoing is true and correct.

Friedrich Declaration - 2

Case 3:07-cv-02231-RJB

Document 13-5

Filed 02/07/2008

Page 4 ofPage 6 of9 6

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Case 3:07-cv-02231-RJB

Document 13-5

Filed 02/07/2008

Page 5 of 6

EXHIBIT

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Case 3:07-cv-02231-RJB

Document 13-5

Filed 02/07/2008

Page 6 of 6

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