Sprint is suing AT&T over its use of 5G E

AT&T's calling its latest 4G LTE network "5G E" isn't just drawing the ire of tech media and fans. It's now drawing fire from Sprint in the form of a lawsuit.

In a lawsuit filed in New York's Southern District, Sprint says it is taking the action as a result of "AT&T's false advertising and deceptive acts" around 5G E. Since late last year, the company has been touting its upgraded 4G network as 5G E in TV ads, ramping up the ads in 2019. 

AT&T, Sprint alleges, "has sought to gain an unfair advantage in the race to 5G by embarking on a nationwide advertising campaign to deceive consumers into believing that its existing 4G LTE Advanced network is now a 5G network."

"This technology is indisputably not 5G," Sprint's suit continues. "Adding an 'E' or the word 'Evolution' to 5G does not mitigate the deception. AT&T is advertising its network as '5G' and consumers wrongly believe that AT&T is offering 5G technology."

In addition to its television campaign, AT&T's website also now has a section for "5G E" phones. This includes phones released last year like the Galaxy S9, iPhone XR and iPhone XS as well as older phones like the Galaxy S8, iPhone 8 and iPhone X. 

AT&T is changing some of its 4G labels to 5G E. (Photo: Screenshot)

In updates to its Android phones, AT&T has already changed some devices to display a 5G E logo. A recent beta of iOS 12.2 shows the company is working with Apple to show the indicator on iPhones as well. 

In a statement provided to USA TODAY, Sprint says that "AT&T is deliberately deceiving consumers into believing that their existing 4G LTE network operates on a coveted and highly anticipated 5G network." 

"The reality is that this network isn't 'new' and '5G E' is a false and misleading term. AT&T is just like Sprint and all the other major wireless carriers currently operating a nationwide 4G LTE network. AT&T's deceptive ads have harmed consumers by persuading them to purchase or continue purchasing AT&T's services based on the lie that they are offering 5G."

 

AT&T did not immediately respond to a request for comment. 

More: AT&T is labeling phones '5G Evolution.' Don't be fooled, they aren't 5G

More: AT&T turns on its mobile 5G network on Dec. 21, starting with 12 cities and mobile hotspot

More: AT&T launches 5G network: What you need to know as Verizon, T-Mobile, Sprint race to catch up

Not the first carrier to get angry

AT&T's other rivals, T-Mobile and Verizon, have each taken exception to AT&T's marketing last month.

T-Mobile called out AT&T on Twitter, sharing a video where it pasted a "9G" sticker on an iPhone writing "didn't realize it was this easy, brb updating." Verizon meanwhile took out a full-page ad in several major newspapers, including USA TODAY,  to promise that it "won't take an old phone and just change the software to turn the 4 in the status bar into a 5."

Sprint says that, by claiming it has this so-called 5G E network when it doesn't,  AT&T "seeks to induce consumers to purchase or renew AT&T's services when they might otherwise have purchased Sprint's services."

In addition to asking for AT&T to be blocked from using "5G E" or its related terms now and going forward, Sprint is seeking damages from AT&T over the "immediate and irreparable harm" the ads, it says, have caused the company to suffer by making it appear as if AT&T's products and devices are superior to Sprint's. 

There is no specific dollar figure requested, with Sprint's lawyers requesting for an amount to be "determined at trial."

Follow Eli Blumenthal on Twitter @eliblumenthal