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chakraj

macrumors 65816
Original poster
Feb 6, 2008
1,285
10
So Cal
Since ATT is changing its policies toward throttling data, this is your chance to cancel your contract with no ETF.

Just call and tell them they are making wholesale changes to your contract and you would like to be released from said contract with NO ETF.

You have thirty days from being notified of a change to cancel. :apple:
 

chakraj

macrumors 65816
Original poster
Feb 6, 2008
1,285
10
So Cal
http://www.wireless.att.com/learn/articles-resources/wireless-terms.jsp

1.3

IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, BEYOND THE LIMITS SET FORTH IN YOUR CUSTOMER SERVICE SUMMARY, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE'LL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN ADVANCE (EITHER THROUGH A NOTICE WITH YOUR BILL, A TEXT MESSAGE TO YOUR DEVICE, OR OTHERWISE), AND YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE OR RETURNING OR PAYING FOR ANY PROMOTIONAL ITEMS, PROVIDED YOUR NOTICE OF TERMINATION IS DELIVERED TO US WITHIN THIRTY (30) DAYS AFTER THE FIRST BILL REFLECTING THE CHANGE.
 

GoCubsGo

macrumors Nehalem
Feb 19, 2005
35,741
153
^ I'm always amused when people who have cell phones have no idea what their contracts say. I rely heavily on the same people who don't read contracts to keep me employed. It's a wonderful thing. :D
 

Apple Expert

macrumors 65816
Jan 31, 2010
1,337
0
As much as I would like to believe this is true, I don't think data plans are part of contracts. They are treated like features, so I've been told?
 

balamw

Moderator emeritus
Aug 16, 2005
19,366
979
New England
While this might potentially work, I don't see the required price or geographical area change in the new policy. Am I missing something? (Especially since this would actually be an increase in service for some who were throttled as top 5% last month)?!?

B
 

MBPnoob

macrumors regular
Sep 19, 2010
110
31
Just tried to cancel by calling 611. They recited the exact contract quote above.
Sorry guys.
 

magicbrain

macrumors regular
Feb 8, 2008
123
0
maybe

follow my link below, few articles there on how to cancel without paying etf, but no, not easy, nor guaranteed to work

ps: congrats to all of you who fought attFail & got them to change their policy! :) (sorry, trolls, you were wrong)
 

pooleman

Suspended
Jan 11, 2012
1,769
425
Eastern CT
follow my link below, few articles there on how to cancel without paying etf, but no, not easy, nor guaranteed to work

ps: congrats to all of you who fought attFail & got them to change their policy! :) (sorry, trolls, you were wrong)

Send this to "iPhone1105"
 

scaredpoet

macrumors 604
Apr 6, 2007
6,627
342
1.3

IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, BEYOND THE LIMITS SET FORTH IN YOUR CUSTOMER SERVICE SUMMARY, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE'LL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN ADVANCE (EITHER THROUGH A NOTICE WITH YOUR BILL, A TEXT MESSAGE TO YOUR DEVICE, OR OTHERWISE), AND YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE OR RETURNING OR PAYING FOR ANY PROMOTIONAL ITEMS, PROVIDED YOUR NOTICE OF TERMINATION IS DELIVERED TO US WITHIN THIRTY (30) DAYS AFTER THE FIRST BILL REFLECTING THE CHANGE.


The paragraph you quote in the contract says nothing about throttling policies. This change does not increase the price of existing plans, nor does it geographically decrease your coverage. This paragraph is not grounds for getting out of your ETF.

There MIGHT be an "adverse negative material impact" clause somewhere else, but arguably, your chance to get out of your ETF expired about a month after the throttling policy was first put in place. If you stuck around, then this is technically an "improvement," and not an ETF-freeing event.

Of course the small claims court option might still be open....
 

chakraj

macrumors 65816
Original poster
Feb 6, 2008
1,285
10
So Cal
You are required to either have mediation or go to small claims court, that is spelled out plainly in the contract. While I do read this the same as you, I believe we are in a grey area here, I believe they are materially decreasing your geographic area of your service by limiting your throughput on their whole network.

You can not claim that a un throttled user and a throttled user have the same service covering the same geographic area.

Now I am not saying anywhere that this is an easy argument to win or that it is the only argument, I am just saying this is what I believe to be a valid argument to use. Thats why they have judges, for when people dis agree to the terms of a contract and need a third party to help make the decision.
 

AlphaVictor87

macrumors 6502a
Sep 7, 2011
797
27
Saint Louis, MO
The paragraph you quote in the contract says nothing about throttling policies. This change does not increase the price of existing plans, nor does it geographically decrease your coverage. This paragraph is not grounds for getting out of your ETF.

There MIGHT be an "adverse negative material impact" clause somewhere else, but arguably, your chance to get out of your ETF expired about a month after the throttling policy was first put in place. If you stuck around, then this is technically an "improvement," and not an ETF-freeing event.

Of course the small claims court option might still be open....

I agree that it's not grounds to get out ETF free based on this throttling issue.

However it is a nice piece of information to know in case AT&T happens to bump your price in a bill for some reason.

For example i'm not sure how they will handle my contract once i renew next time because i still have the 2GB plan, and now they only carry the 3GB and 5GB plans.
 

scaredpoet

macrumors 604
Apr 6, 2007
6,627
342
I believe they are materially decreasing your geographic area of your service by limiting your throughput on their whole network.
You can not claim that a un throttled user and a throttled user have the same service covering the same geographic area.

Actually, you can. Bandwidth isn't geography. You can still use data throughout the entire AT&T network. What's changed is that it's abysmally slow after a certain level of usage.

AT&T has never guaranteed a minimum data speed, in their contract or otherwise. there's lots of marketing puffery about how fast things are, but you'll not that actual numbers are never quoted anywhere.
 

cyks

macrumors 68020
Jul 24, 2002
2,090
8
Westchester County, NY
Since ATT is changing its policies toward throttling data, this is your chance to cancel your contract with no ETF.

Just call and tell them they are making wholesale changes to your contract and you would like to be released from said contract with NO ETF.

You have thirty days from being notified of a change to cancel.

You are required to either have mediation or go to small claims court, that is spelled out plainly in the contract. While I do read this the same as you, I believe we are in a grey area here, I believe they are materially decreasing your geographic area of your service by limiting your throughput on their whole network.

You can not claim that a un throttled user and a throttled user have the same service covering the same geographic area.

Now I am not saying anywhere that this is an easy argument to win or that it is the only argument, I am just saying this is what I believe to be a valid argument to use. Thats why they have judges, for when people dis agree to the terms of a contract and need a third party to help make the decision.

The title of the thread and your starting post suggests that it is an easy argument to win.

While it *might* be an option in small claims court, it should also be noted that the one person who did take them to court didn't get out of his ETF. He was simply awarded the estimated overages he'd receive over the duration of his contract.
 

iphone1105

macrumors 68020
Oct 8, 2009
2,106
316
No he is not just plucking it out of the air. This is a very plausible way to get out of your contract. The same holds true if you move and they don't have service in that area.

Worth a read:
http://www.ecommercetimes.com/story/66714.html

Yeah, all well and good, but no where is it stated in writing or anything that this is the case,for OP's topic thats all I am saying Jess.
 
Last edited:

lordofthereef

macrumors G5
Nov 29, 2011
13,161
3,720
Boston, MA
The title of the thread and your starting post suggests that it is an easy argument to win.

While it *might* be an option in small claims court, it should also be noted that the one person who did take them to court didn't get out of his ETF. He was simply awarded the estimated overages he'd receive over the duration of his contract.

While true, he can pay the ETF with his earning and still be way ahead...
 

BiggAW

macrumors 68030
Jun 19, 2010
2,563
176
Connecticut
I agree that it's not grounds to get out ETF free based on this throttling issue.

However it is a nice piece of information to know in case AT&T happens to bump your price in a bill for some reason.

For example i'm not sure how they will handle my contract once i renew next time because i still have the 2GB plan, and now they only carry the 3GB and 5GB plans.

You'll be grandfathered, as will I. Loving the 2GB plan that's eligible for FAN, and I can tether off of and not get kicked off of. :)
 

andyx3x

macrumors 65816
Mar 1, 2011
1,349
137
Where are all you folks gonna go instead?

Verizon and get 2GB for $30 when you can get 3GB for the same price at AT&T.

Sprint and their unlimited data where the data speeds are beyond horrible.

I believe you'll probably stay right where you already are. Just suck it up and take it. You don't have any other options.
 
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