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SPRINT NEXTEL CORP. v. WIRELESS BUYBACKS HOLDINGS

No. 18-1729.

938 F.3d 113 (2019)

SPRINT NEXTEL CORPORATION; Sprint Communications Company L.P., Plaintiffs-Appellees, v. WIRELESS BUYBACKS HOLDINGS, LLC; Wireless Buybacks, LLC, Defendants-Appellants, and Simple Cell Inc.; Vaughn Solutions, LLC; Halo Branded Solutions, Inc.; Marsha Lavaige; Melissa Lavaige; Kevin A. Lowe; Christopher E. Metzger; Kevin Edward Salkeld; Brendan T. Skelly; Shannon A. Skelly; Nicholas F. Skelly; Brett Vaughn, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: September 5, 2019.

Attorney(s) appearing for the Case

ARGUED: Charles Randolph Price , TANDEM LEGAL GROUP, LLC, Washington, D.C., for Appellants. Jay E. Heidrick , POLSINELLI PC, Kansas City, Missouri, for Appellees. ON BRIEF: Russell S. Jones, Jr. , John M. Challis , POLSINELLI PC, Kansas City, Missouri, for Appellees.

Vacated and remanded by published opinion. Judge Richardson wrote the opinion, in which Judge Diaz and Judge Floyd joined.

Sprint is a cell-phone service provider.1 Besides providing cellular service, it also sells phones to its customers. This includes offering "upgraded" phones at steep discounts, typically in exchange for customers renewing their contracts. The discounts...

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