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AT&T sued by Sprint, must defend decision to tell users that 4G is ?5G E?

District Court
AT&T Communications
G network."Sprint
the Ars Orbital Transmission
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Jon Brodkin
John Donovan
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the Southern District

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New York

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The New York Times
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That's what 5G Evolution is, and we are delighted to deliver it to our customers."AT&T said it "will fight this lawsuit while continuing to deploy 5G Evolution in addition to standards-based mobile 5G," and that "customers want and deserve to know when they are getting better speeds."AT&T also took a shot at Sprint's claims that it can't deploy a robust 5G network unless US regulators approve its proposed merger with T-Mobile."Sprint will have to reconcile its arguments to the FCC that it cannot deploy a widespread 5G network without T-Mobile while simultaneously claiming in this suit to be launching 'legitimate 5G technology imminently,'" AT&T said.Sprint's complaint notes that all four major US wireless carriers offer the same LTE-Advanced features as AT&T's "5G E" network and that "currently, there are no 5G-enabled mobile phones or tablets available for sale or lease to consumers.""AT&T's '5G E' network is not, in fact, a 5G wireless network, nor does AT&T sell a single 5G-enabled mobile phone or tablet," Sprint wrote.AT&T's "5G E" is available in more than 400 markets nationwide. AT&T offers standards-based 5G in parts of 12 cities, but its first 5G device for sale is a mobile hotspot rather than a phone.Sprint's complaint said that AT&T's "deceptive" 5G E campaign includes "1) a nationwide television and Internet advertising campaign falsely and misleadingly stating that AT&T offers its wireless service on a 5G network; (2) a software update that will change the screens of mobile phones and tablets operating on the AT&T 4G LTE Advanced network to indicate falsely that these devices are connected to a 5G network; and (3) other digital content falsely marketing AT&T phones as 5G phones capable of connecting to a 5G network."Sprint said it commissioned a survey of wireless users and found that 54 percent of consumers "mistakenly believed, based on AT&T's 5G E claims, that AT&T's '5G E' network is the same as or better than a 5G network." The survey found that 43 percent of consumers "wrongly believed that if they were to purchase an AT&T phone today it would be capable of running on a 5G network," Sprint said."AT&T's advertising is false and misleading," Sprint wrote.

As said here by Jon Brodkin