Sprint's Effort to Stop Consumers From Reselling Phones Falls Flat, According to Bartle & Marcus, LLC
KANSAS CITY, Kan., Nov 01, 2013 (GLOBE NEWSWIRE via COMTEX) --
Yesterday, United States District Judge J. Thomas Marten ruled that Sprint's standard-form contracts do not prohibit consumers from reselling wireless phones that they purchase from Sprint so long as those phones are not currently activated on Sprint's wireless network.
This ruling came in the case of Sprint Nextel Corporation v. The Middle Man, Inc. et al., Case No. 2:12-cv-02159-JTM-KGS (D. Kan), one of over 100 cases that Sprint has filed against resellers of wireless phones in the United States. Sprint has argued in these cases that the terms and conditions that accompany each of its phones prohibit the phones from being resold. As a result, according to Sprint, consumers breach their contractual obligations whenever they resell their phones to other consumers or to companies like The Middle Man, that in turn resell the phones to other consumers and businesses. Judge Marten squarely rejected that argument in a ruling that could have consequences in courts across the country.
"Sprint's lawyers have made a cottage industry out of suing these resellers," says The Middle Man's attorney, David Marcus of Bartle & Marcus LLC. "Many other resellers were forced to settle with Sprint to avoid the risks and costs associated with litigation. The Middle Man had the courage to stand up to this corporate bully, and now it has a ruling that will protect its right to continue doing business. Hopefully, Sprint will do the honorable thing and dismiss this lawsuit and all the other lawsuits like it," says Mr. Marcus.
The Middle Man, Inc. is located in Kansas City, Kansas. It buys and sells pre-owned wireless phones and provides wireless consulting services.
CONTACT: David Marcus
Bartle & Marcus, LLC
1100 Main Street, Suite 2730
Kansas City, Missouri 64105
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