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Sprint Nextel (Retail Employees) – Unpaid Commissions Lawsuit

Sibley et al. v. Sprint Nextel Corp. et al., Case No.: 02:08–CV–02063-KHV

(District of Kansas)

Class Action Commissions Settlement

This webpage provides information regarding the 2018 settlement of a class action entitled, Sibley et al. v. Sprint Nextel Corp. et al., Case No.: 02:08–CV–02063–KHV (District of Kansas). The case was filed in February 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 retail employees.

The Settlement Class includes: All persons nationwide who did not opt out of the Class Litigation and worked in Sprint’s retail stores during the Class Period of August 12, 2005 through September 30, 2009, including Retail Store District Managers, Retail Store Managers, Assistant Retail Store Managers, Lead Retail Consultants, Retail Consultants, Retail Sales Representatives, and other retail employees (all of whom held at least one of the job titles set forth in Exhibit A to the Expert Stipulation entered at Docket No. 357-1 in the Class Litigation) and whose compensation was based in full or in part on commissions.

The settlement also provides for the following Settlement Subclasses of the Settlement Class: those Settlement Class Members who, according to the Class Expert calculations, were (1) correctly paid or overpaid (4,482 Class Members); (2) only worked in Period 65 (August 2005) (274 Class Members); or (3) had insufficient data to calculate an underpayment (2,787 Class Members).

Sprint denies the claims, that the Settlement Class was net underpaid commissions under the terms of the commission contracts and that the Settlement Class is 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 $30,500,000.00 to settle this case (the “Total Settlement Amount”). This proposed settlement has received preliminary approval from the Court and will resolve all claims of the Settlement Class Members who do not request exclusion from the settlement.

This proposed settlement received preliminary approval from the Court on June 28, 2018 and will resolve all Released Claims of the Settlement Class Members who do not request exclusion from the case.

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 August 12, 2005 through September 30, 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 November 6, 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 August 12, 2005 through September 30, 2009.

The objection must be sent to the Claims Administrator no later than November 6, 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 20, 2018 at 10:30 a.m.  This date may change without further notice.

SETTLEMENT TIMELINE

DESCRIPTION DATE

Notice of Settlement Mailing

9/7/2018

Deadline for Objections and Requests for Exclusion

11/6/2018

Final Approval Hearing

12/20/2018

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

For details about the settlement: Notice of Settlement

To see the settlement allocations (use Ctrl F to search for your name): Settlement Allocations

To see the list of individuals who are not eligible: List of Ineligible Non-Class Members

Other case related documents:

Settlement Agreement

Settlement Postcard

Email Notice

Order Granting Permission to Send Notice of Settlement 8/31/2018

Supplemental Order on Preliminary Approval of Settlement 6/28/18

Order on Adequacy of Settlement Notice and Certification of Subclasses 6/27/18

Order on Preliminary Approval of Settlement 5/9/18

Updated Address Information

Settlement 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.sprintretailsettlement.com