Looks like Sprint's $10 per month "premium data" fee (I like to call it the "4G tax") is coming back to bite them - a class action lawsuit was recently filed against the carrier.

Customers of the HTC EVO 4G as well as the Samsung Epic 4G may be "interested to know" that they can call the law offices of Scott A. Bursor at 646-504-7781 to confirm that they have indeed been charged the $10/month fee. His plaintiffs' argument is that Sprint's customers are already promised unlimited data within the $69.99 "Simply Everything" package.

Thing is, while the plaintiffs certainly do have the right to sue, I have my doubts about this here lawsuit making it anywhere. See, these customers (myself included) were given a fair warning about the additional charge before making the purchase, and while that doesn't make the fee justifiable, it does make it legal, since no sneaky business was conducted behind our backs. Now, had Sprint presented its subscribers with unjust fees (as they have done before), we would be looking at a different situation entirely. However, the fact that they gave us all a fair warning ahead of time makes it legal (if morally questionable) in my mind.

Full announcement: