Free Motion to Expedite - District Court of California - California

Case 3:07-cv-02231-RJB

Document 13-4

Filed 02/07/2008

Page 1 of 9

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Alan M. Mansfield (SBN 125998) [email protected] eld. com John W. Hanson (SBN 214771) j ohn@rosnerandmansfield. com ROSNER & MANSFIELD, LLP 10085 Canoll Canyon Road San Diego, CA92l3l Tel: (858) 348-1005 Fax: (858) 348-1 150 Attorneys for Plaintifîs Arr Neill (sBN 246717)
art@,ucan.org

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UTILITY CONSUMERS' ACTION NETWORK 3100 Fifth Ave., Suite B San Diego, CA92103
Tel: 619-696-6966 Fax: 619-696-7477 Attornevs for UCAN

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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,

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) CASE NO. 07 CY 2231 W (LSP) ) CLASS ACTTON ) DECLARATION OF ERIC TAYLOR ) IN SUPPORT OF EX PARTE ) APPLICATION FOR ORDER ) PERMITTING EXPEDITED ) DISCOVERY PURSUANT TO FED. R. ) CIV. PROC. 26(a)
)

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Plaintiffs.
v.

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

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) Date: ) Time: ) Courtroom:

N/A N/A
Hon. Thomas Whelan

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DECLARATION OF ERIC TAYLOR

cAsE NO. 07 CV 2231 W (LSP)

Case 3:07-cv-02231-RJB

Document 13-4

Filed 02/07/2008

Page 2 of 9

, f o"r"*,ion
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follorving

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, lf t Thc facts stated in this tJeclaration are my own personal knowløJge, and I could and woulcl , ll comperently testify thereto if called u¡x>n to do so. - ll I am a current data broadband services customer with sprint. My account number is t ll" s7crz6sylg. My crrrrenr (Ðnrracr rerm ends september 2@g. t ll OnJanuary ll,2O0s,Icontacterlsprintcustomersert,icear l-ggg-21 14727. ll, My January lth call was in response to notice received on my Decembcr Z6,Z(n7 bill of ' tlo new "administrative" ancl "regulatory" charges. I callcd customer service t to inquire as to ll *nt]:. I had the right to cancel my contract because rhe new charges changed t mv ærrn* nnal ll conditions' 'u ll tr ll t I spoke to Fnan in customer service. I inquire.d as to wherher I could cancet my conrracr ,, ll withour an Early Termination Fee(ETF) clue to the new charge.s.
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Taylor, declare the

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Fran put me on hold, and then returnecl and ståted tbat the

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though sprinl has changect it's monthry fees effectivc

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I rvas not informed of any future right to cancel my contracr with changes in my terms and con
actministrative

fees.
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Aftachecl is atrue

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c.rrect copy of my monthly on-line sr.aroment dared Decem ber26,

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r did not receive the postcarcl uorice relèrrcd to in rhe left side

paragraph.
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trncler penalty

of perjury, under the laws of the srare of california and the tJnirecl sraæs I

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America, that the foregoing is rrue. and

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January,2008

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Case 3:07-cv-02231-RJB

Document 13-4

Filed 02/07/2008

Page 3 of 9

EXHIBIT

1

Case 3:07-cv-02231-RJB

Document 13-4

Filed 02/07/2008

Page 4 of 9

sprinf

V
! .

Customer Account Number Bill Period Bill
Eric

Taylor

Date Nov 23- Dec 22 Dec 26, 2007

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OT b

t ;

H e I lO

Sprint is makins chanses to its policies.
Please see

the "Sprint News and

Because you are signed up for automatic bill payment, your American

Express

Notices" box on page 2' the back of this page' fordetails'

will be charged on Jan 13

Previous Balance Dec

21

Tax Adjustment

$60.s6 -$3.24 -$60.s6

Payment on Dec 16

New Charges.

$60.s6

Total

Due

$57.32
You can contact Sprint Customer Service 0n the Web:
www,sprint.com

Your American Express card will be charged on Jan 13

By Phone:
1-888-211-4727

Dial to contact Customer Service *3 Dial to make a one-time payment

Use your Mobile free of charge: *2

DO NOT SEND PAYMENT.

Sprint'Y
SBWNKCTX MANIFESTTINE.
ERIC TAYLOR

This amount will be charged to your credit card on Jan 1 3 .

Amount due

s57.32

F55555444422CF

EXHIBIT 1 Page 1 of

6

Case 3:07-cv-02231-RJB

Document 13-4

Filed 02/07/2008
Bill

Page 5 of 9

sprint"y
SPRINT NEWS AND NOTICES
This section contains important updates

Customer Account Number
Eric Tavlor

Period
22

Bill Date

Nov 23- Dec

Dec 26,2007

2of 6

IMPORTANT INFORMATION RELATING TO YOUR SPRINT BILL

Billing lnformation. This bill is due on the date shown. A late payment charge applies for unpaid balances
and is charged at the highest rate permissible by law. Sprint Nextel will impose a $25 charge for each returned check. Service is subject to disconnection if payment is not received by the due date shown. Contact
us first

about your Sprint Services, lncluding Service

or Rate Changes, Promotions and Offers.

lmportant Notice Regarding Sprint
Surcharges
Effective 11112008, Sprint will no longer
assess the FPCR (S1.55), Fed. E91 1

with any billing disputes. Disputes must be made within 60 days of the date of the bill. Charges that

are not properly disputed will be deemed accepted and due by the date shown. Roaming charges accrued during the billing period may appear on subsequent bills because ofthird party processing delays.

(t0.40) &

Contacting Sprint. Address written correspondence to: Sprint Customer Service, P0 Box 8077, London,
40742. lnclude your name and account number on any written correspondence to Sprint. Please do not include any conespondence in your bill.
OTHER IMPORTANT INFORMATION 891
1

KY

WLNP (S0.15) fees. Effective 1/1/2008, Sprint

will assess two new monthly charges per line:
Administrative Charge ($0.75) & Regulatory
Charge (50.20). See bill insert or postcard mailed to you if you don't receive a paper bill.
For details, please visit

, Please note that Enhanced 91 1 (E91 1 ) services, which provide public safety officials your location

duringagll call,arenotavailableeverywhereandatall times. E9ll availabilityisdependentonmany
factors, including the ability of particular local public safety agencies to receive and process location

sprint.com/taxesandfees.

information, the capabilities ofyour equipment, and other factors affecting the delivery of services. Privacy lnformation. You can access Sprint's privacy policy online at www.sprint.com. We recommend that
you use a unique password to enhance the security of your account. Unique passwords help prevent unauthorized persons from accessing your account information. Remember, when setting up a password,

lmportant Notice: Changes to Terms
and Conditions
The Terms & Condit¡ons for Sprint PCS and

don't use commonly used or known numbers or facts, such as birthdays and social security numbers. Terms and Conditions. The terms and conditions of Sprint service sometimes change. Updates 1o your terms will be provided each month in the News and Notices section of the bill. For the most current version, visit our website or contact customer service.

Nextel services have been updated. These new terms are effective January 1, 2008, and are available at sprint.com or upon request.
Please carefully review these terms as they

apply to any future use of our services.

California

PUC

lf you have a complaint that we cannot resolve, you may call the California Public Utilities Commission at

Hearing Aid Compatibility
Sprint offers a variety of handsets that have been rated for compatibility with several types

800-649-7570 or TDD 800-229-6846.

lmportant 9-1-1 lnformation
Dial 9-1 -1 in case of emergency. lf you encounter a prerecorded message instead of a live operator, wait for the appropriate prompt and sav "EMERGENCY" instead of pressinq 1. Not all wireless phones transmit number tones during a
91 1

of hearing aids. Please visit
sprint.com/accessibilitv for more information,

call. See sprint.com/consumerinfo, lmportant 91 1 lnformation for more details.

AUTOPAYMENT DISCLOSURE 8y signing below, you authorize Sprint Nextel to debit

MAILING ADDRESS

your bank account monthly for the balance due. A bill statement w¡ll be sent to you at least I 0 days before STATE
ZIP the scheduled payment. To withdraw the authorization,

ffi ffi

CITY

you must call customer service.

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lE-B¡ll: Receive your bill by email(You will no longer receive paper bills.)
I Receive Sprint updates and special offers via email

-

IlAutoPayEnrollment(checkins)

RouTINGANDTRANsITNUMBER

BANKA..o,NTNUMBER

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Log into your Sprinl account at www.Sprint.com to sign up for AutoPay using a credit or debit card.

SIGNATURE (Required)

EXHIBIT 1 Page 2 of

6

Case 3:07-cv-02231-RJB

Document 13-4
Account Number

Filed 02/07/2008

Page 6 of 9

sprinf

Y

Customer
Eric Taylor

EillPeriod
Nov 23- Dec

Bill Date

22

Dec 26. 2007

3of6

Charges
Connection Card - Unlimited Megab¡es lncluded.,..,.....

$59.99

Additional Sprint

Charges..... Government Taxes & Fees.......
Total

..

$0.s6
$0.01

$60.56

EXHIBIT 1 Page 3 of

Case 3:07-cv-02231-RJB

Document 13-4

Filed 02/07/2008

Page 7 of 9

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Score unlimited access
to NFLMobÍle with any Spñnt Data Pack
âúoy all the acllon wtth NFL Mobile rìght ut your phone at no addtltonal dtarge n{ren rcu suàscriöe tp a ynsfon' or PowsrVlslofist Pactf{rrÉà.(àrce s,'f ilte head-$)u.1dhËt etcrle¡nenl ol in the gãß¡e wth: Nlt [åc$irepuls
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To downlaad Nftillobile and enioy it dl no addìlianal charge, ten Nf'L to 7777t or vìeit www.sryintrrm/nfl.

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ahead

lT'5 LIKE HAVING
YOUR VERY OWTU TOCAT TOUR GUIDE,
Find what you need, when you need it, with Sprint Local Search.
From coffee shops to gar stations to fìower shops, Sprint local Search makes it easy to find whatever il is you're looking for. And the best part about Sprint Local SearchT lfyou?e a

Help make

a difference.

data plan customer, it's already part

ofyour plaol
Experience Sprint local Search todây. lf you're a dåta plân

Sprinþ

ahead

Rec*leyouroldwrrutees pñonas tflorrgå 'Spdnf Þolect funnecf.
Rr*ytlieg
orlf wræle.çs

spr¡nt.com

'or¡r p,¿¡o{les ñ6ìþs râ,,9o funds añd b$nêl¡ls ilt

lor

custonter, simply:

,n¡Arnâ¡ sa/sty educâl¡on lor klds
6rtv¡'ronrD6'l¿

) Click on main rnenu
>

6o to wetr down to se¡rch

fo ¡oqcJo p¡,onêq ba¡¡at'es
ând accÉrsso¿þq Éþ lo

> Scroll

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Enter ¡earch keyword and zip code or city

sp/títttættt/ptfidæmef,

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Nlnt otl a ftæ poslagþ-Dlld

Not a data plan customer? log on to sprint.com to learn how to sign up.
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EXHIBIT 1 Page 4 of

6

Case 3:07-cv-02231-RJB

Document 13-4
Account Number

Filed 02/07/2008
Bill

Page 8 of 9

sprint

V

Customer
Eric Taylor

Period
22

Bill Date

Nov 23- Dec

Dec 26, 2007

5of6

Details, details...
Your Plan includes:
$59.99 Connection Card Data Plan Unlimited MB of Data Calls Made 0n Connection Cards With Voice Capability Will lncur A Charge

0f $.20

Per Minute

Additional Sprint Charges
Charges assessed on Sprint that we elect to pass on to customers and are intended to recover the

administrative and other costs of complying with certain government programs and mandates. Charges that appear in this section, also called " Sprint Fees ", are not taxes or government-imposed fees. For more information on Additional Sprint Charges, visit www.sprint.com or contact Sprint Customer Service,
Federal-Fed. 91 1 Fee Federal-Fed. Local Number Portability Federal-Univ Serv Assess Non-LD

$0.40 $0.1s
$0,01

$0,56

Government Fees & Taxes
Taxes and fees Sprint is required to collect from customers on behalf of the government.

California State-CA High Cost Part B

,,.,...,....

$0.01 $0.01

EXHIBIT 1 Page 5 of

Case 3:07-cv-02231-RJB

Document 13-4

Filed 02/07/2008

Page 9 of 9

lmportant information for our new cusfomers.

Spri

"ùþ

ahead

changg såouldn't your plan change with them?
The Sprint Right Plan Promlse ensures fhat you'll have the plan fñatb right for you. During fhe first six months of service, if your wireless needs change,if's not a problem.You can swlch to a plan of equal term at no sen¡ice charge and na cantract exlension.

If your wirefess needs

Log in. Take control of your account.
You're just one clíck away from managing your account Now you have all the online foo/s you need to manage your account. 7b access your account online, go to sprint.com and log in to your wireless accaunt. The first time you log in, clic('RegisterforÁocess' below the Sígn ln button, Once you\re gained online account aocess,

you can do all of the following:

Þ
Þ Þ

Check minutes used and account balance
Wew and pay your bill

7 Learn more about your phone
Wew and modify your plan andseruices

EXHIBIT

1

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