A class action lawsuit filed in Washington state alleges Clearwire misrepresented to customers that its Internet service was fast, reliable and comparable to cable Internet and DSL. The plaintiffs, who come from Washington, Hawaii, Minnesota and North Carolina, retained a Washington DC law firm, to bring the lawsuit against Clearwire for false advertising, unfair business practices and for reimbursement of early termination fees. The “class of plaintiffs” is defined in the complaint as:
All subscribers to Defendant’s Internet or Internet and telephone service pursuant to contracts which include an early termination fee provision or who have paid an early termination fee to or have been charged an early termination fee by Defendant at any time from April 21, 2005 to the present.
The plaintiffs are not subscribers to Clearwire’s WiMAX service in Portland or Baltimore (they’re from places that have Clearwire’s pre-WiMAX service). But it seems to cover anyone who has subscribed to Clearwire’s WiMAX service in Portland and Baltimore. If you look at the terms of service effective 27 January 2009 on Clearwire website (for WiMAX service), it fits the description in the definition of class of plaintiffs.
What is interesting about this lawsuit is that to me, Clearwire has two classes of plaintiffs: those who subscribed to its pre-WiMAX service and those in Portland and Baltimore who have purchase the WiMAX service, but they are all “rolled into one”, presumably to make the class larger. I don’t know if the WiMAX subscribers have the same complaints about their service as the pre-WiMAX subscribers.
Download the complaint: