Member Avatar for slfisher
slfisher 0 Posting Whiz

The embattled WiMAX communications standard is taking another hit as WiMAX vendor Clearwire Communications is the recipient of a class-action lawsuit by users contending that its service is

While the lawsuit is not about Clearwire's WiMAX service specifically, is the main company providing WiMAX services in the U.S., after taking over Sprint Network's XOHM service in the fall of 2008. Currently Clearwire offers WiMAX in two cities, Baltimore and Portland. Damage to the company from the lawsuit, even though it is about a service Clearwire refers to as "pre-WiMAX," could affect the company's ability to support and continue to roll out WiMAX services.

WiMAX was supposed to be the next generation wifi standard but it has not been adopted as quickly as expected, and major vendors such as are backing the 4G wireless standard LTE instead.

The , through the Washington, D.C. law firm of Tycko & Zavareei LLP and the Seattle, Washington law firm of Peterson Young Putra, consists of five users, ranging from Washington, Hawaii, Minnesota, and North Carolina, who complained that after finding the service to be slow and unreliable, they were hit with large early-termination fees, even if it was due to a situation such as moving away from a coverage area.

"The complaint also alleges that Clearwire engages in false advertising of its Internet and telephone services. Although Clearwire advertises its internet service offering as a reliable, comparable, and “always-on” alternative to cable Internet or DSL, the complaint alleges that Clearwire’s Internet service is actually far inferior to cable Internet and DSL," according to a from the attorneys.

No dollar figure is named in the complaint, but the plaintiffs ask for actual damages, treble damages, punitive damages, attorneys' fees, and so on.

  • 1 Contributor
  • 0 Replies
  • 186 Views

Dani AI

Generated

A short, practical primer to the legal and consumer side of the Clearwire matter described by : a “class action” is not just a larger lawsuit — a court must first certify the class (Rule 23) by finding common questions of law or fact among the group, and certification is often the critical threshold that determines whether a single litigation can resolve many similar claims. (law.cornell.edu)

Plaintiffs in telecom cases commonly press claims rooted in advertising and contract law — for example, that marketing created an implied performance promise, or that early-termination provisions are unconscionable when service fails to match advertising. The Federal Trade Commission’s truth-in-advertising standards explain that both express and implied claims must be supported by evidence, and that omissions or material misrepresentations can be actionable. (ftc.gov)

Anyone evaluating whether they have a usable record should preserve contemporaneous, timestamped evidence now: multiple speed tests at different times/locations, screenshots of advertised claims and coverage maps, copies of bills and ETF charges, and logs (dates/times) of support calls and emails. The FCC’s mobile speed‑test tooling and guidance are the same kind of objectively timestamped data that regulators use when evaluating coverage/speed disputes, so keep raw test files and metadata rather than cropped screenshots when possible. (help.bdc.fcc.gov)

Realistic expectations: consumer class actions can take years and often prioritize injunctive relief, refund programs, or modest payouts after attorneys’ fees; individual recoveries are frequently small compared with total settlements. For quicker, individual remedies consider filing a consumer complaint with the FCC or your state attorney general, or pursuing small‑claims court for recoverable ETF amounts — the FCC’s consumer complaint center explains filing options and what information helps staff investigate. (consumercomplaints.fcc.gov)

Be a part of the DaniWeb community

We're a friendly, industry-focused community of developers, IT pros, digital marketers, and technology enthusiasts meeting, networking, learning, and sharing knowledge.