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Sprint Nextel (Business Channel Employees) – Unpaid Commissions Lawsuit Update

Harlow et al. v. Sprint Nextel Corp. et al., Case No.: 02:08–CV–02222–KHV/TJJ (District of Kansas)

CLASS ACTION COMMISSIONS SETTLEMENT

This website provides information regarding the 2018 settlement of a class action entitled, Harlow et al. v. Sprint Nextel Corp. et al., Case No.: 02:08–CV–02222–KHV (District of Kansas). The case was filed in May 2008. The lawsuit alleges that because of problems with Sprint’s commissions system, Sprint did not pay all of the commissions due to former or current business channel employees.

The Settlement Class includes: All business direct channel employees at Sprint who worked as transactional sales representatives and/or hunters, and those who managed them (including hybrid managers), during the Class Period of January 1, 2006 through December 31, 2009, who were paid in full or in part based on commission, and did not request exclusion from this case.

Sprint denies the claims, that the Settlement Class was net underpaid commissions under the terms of the commission plans, and that the Settlement Class are entitled to relief. However, the parties believe that the proposed settlement is a fair and reasonable resolution in light of the risk and expense of continued litigation. The settlement provides that Sprint will pay $3,650,000.00 to settle this case.

This proposed settlement received preliminary approval from the Court on June 4, 2018 and will resolve all claims of the Settlement Class Members who do not request exclusion from the settlement.

SUMMARY OF RIGHTS

(Please see the Notice of Settlement for more detailed information about the settlement and your legal rights)

You May:

Settlement Checks:

Effect of Choosing the Option:

Due Date:

Do nothing

  • You will receive a settlement check in the amount provided in the Notice of Settlement you received.  You may also find this amount in the Settlement Allocations.
  • Within approximately 45 days of the Court’s order granting final approval of the settlement, settlement checks will be mailed. 
  • After the 90-day period for cashing settlement checks expires, uncashed funds will be redistributed to Settlement Class members who timely cashed their settlement checks and a second round of checks will be mailed.
  • You will release any and all claims for unpaid commissions due under state (including but not limited to the Kansas Wage Payment Act), federal, or common law (including but not limited to breach of contract) that you have, or may have brought, against Sprint and the Released Parties as defined in the Settlement Agreement from January 1, 2006 through December 31, 2009.

Not Applicable

Exclude yourself by making a written exclusion request.
  • You will not receive any settlement check in this case.
  • You can elect to opt-out of the lawsuit and retain your right to sue Sprint.
  • To exclude yourself, you must submit a signed exclusion request.  If you exclude yourself, you will not receive a settlement check.

The exclusion request must be sent to the Claims Administrator no later than October 20, 2018. See Notice of Settlement

Submit an objection.
  • You will receive a settlement check in the amount provided in the Notice of Settlement you received.  You may also find this amount in the Settlement Allocations.
  • Within approximately 45 days of the Court’s order granting final approval of the settlement, settlement checks will be mailed. 
  • After the 90-day period for cashing checks expires, any uncashed funds will be redistributed to Settlement Class members who had timely cashed their settlement checks.
  • If you do not exclude yourself, you can remain in the lawsuit and still write to the Court explaining why you object or disagree with the settlement. 
  • You will release any and all claims for unpaid commissions due under state (including but not limited to the Kansas Wage Payment Act), federal, or common law (including but not limited to breach of contract) that you have, or may have brought, against Sprint and the Released Parties as defined in the Settlement Agreement from January 1, 2006 through December 31, 2009.

The objection must be sent to the Claims Administrator no later than October 20, 2018. See Notice of Settlement

If you exclude yourself from the settlement, you cannot object to the settlement.

Appear at the hearing.

See above

  • If you do not exclude yourself, you can also speak to the Court about the fairness of settlement.

The hearing is scheduled for December 10, 2018 at 10:30 a.m.  This date may change without further notice.

SETTLEMENT TIMELINE

DESCRIPTION

DATE

Notice of Settlement Mailing

8/21/2018

Deadline for Objections and Requests for Exclusion

10/20/2018

Final Approval Hearing

12/10/2018

10:30 a.m. in Courtroom 643, United States District Court, 500 State Ave., Kansas City, KS (Judge Vratil)

Mailing of First Round of Settlement Checks

Approximately 45 days after the Court grants final approval of the settlement

Mailing of Second Round of Settlement Checks (If Uncashed Check Funds Remain)

Approximately 5 months after the first round of Settlement Checks are mailed

DOCUMENTS RELATED TO SETTLEMENT

Those Class Members included in the Settlement are listed in the Settlement Allocations spreadsheet below. Links to other settlement related documents are also provided:

Settlement Allocations

Notice of Settlement

Email Notice

Settlement Agreement

Settlement Postcard

Preliminary Approval of Settlement Order

Updated Address Information:

Class Members can update their contact information by clicking the "Update Contact Information" button above.

Class members can find similar information about the case at www.sprintbusinesssettlement.com