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Avoid ETF because of data throttling?

S

sunshine2012

macrumors newbie
Original poster
Feb 12, 2012
4
0
I am using a little bit below 2GB of data recently and I have unlimited AT&T data plan. My data network speed has been horrible lately, I would prefer to switch to Sprint and get actual unlimited data because Sprint has good coverage in my area. I tried calling AT&T to ask if they could wave the ETF due to changes in contract terms and first 2 tiers of support said no. I am waiting for a call back right now.

They claim that the terms of contract have not changed because I still get unlimited data. however, I am paying for 3G data and getting slower than EDGE.

Has anyone managed to avoid ETF using change of contract terms?
 
sunshine2012 said:
I am using a little bit below 2GB of data recently and I have unlimited AT&T data plan. My data network speed has been horrible lately, I would prefer to switch to Sprint and get actual unlimited data because Sprint has good coverage in my area. I tried calling AT&T to ask if they could wave the ETF due to changes in contract terms and first 2 tiers of support said no. I am waiting for a call back right now.

They claim that the terms of contract have not changed because I still get unlimited data. however, I am paying for 3G data and getting slower than EDGE.

Has anyone managed to avoid ETF using change of contract terms?
Click to expand...

The contract terms specifying the top 5% for throttling were changed back in July '11, you were notified in your August bill about the change, and have been in effect since October. Between the two was your chance to cancel without paying an ETF. Good luck trying to get out of it now.

I've heard people say they've received discounts and such by changing to one of AT&T's tiered plans, but none about actually getting out of the ETF.

Or... you could use the search function, read any of the dozens of 'throttling' threads going on, and find out the same thing.
 
cyks said:
The contract terms specifying the top 5% for throttling were changed back in July '11, you were notified in your August bill about the change, and have been in effect since October. Between the two was your chance to cancel without paying an ETF. Good luck trying to get out of it now.

I've heard people say they've received discounts and such by changing to one of AT&T's tiered plans, but none about actually getting out of the ETF.

Or... you could use the search function, read any of the dozens of 'throttling' threads going on, and find out the same thing.
Click to expand...

Agreed, I don't think you can get out of it OP.
 
Telling them I am moving to England has worked for me on Verizon. I just claimed I am moving there for school and work, and they told me that I'd have no ETF and I canceled and ported to ATT...
 
rgarjr said:
Ask them for proof that 2GB is the top 5. They can claim 100MB is the top FWIW.
Click to expand...

All it would take is for them to slap some charts and graphs together that represent results favorable to their cause. In other words, what proof could they send you that you wouldn't be skeptical and ask if the results were skewed? None.

People need to quit being cheapskates and pay up. Sell your phone for way more than what your ETF likely is, and use that money for your ETF. The number of these threads is simply ridiculous. You had your chance to leave for free. You did not. Why should ATT let you get out of your ETF over this?

(I anticipate lots of down votes on this one by a bunch of butthurt juveniles who don't seem to be able to grasp the concept of a contract.)
 
fins831 said:
Telling them I am moving to England has worked for me on Verizon. I just claimed I am moving there for school and work, and they told me that I'd have no ETF and I canceled and ported to ATT...
Click to expand...

How did you do that? You had to provide a proof? You moving out of the service area is not AT&T responsibility I assume?
 
You will probably have to pay up since they warned up last year when iPhone 4S was released. I'm in the same boat as you and I will have to pay up. Do I like it? NO! But I know about the warning they did last year. They just didn't really hammer down on the data throttling till the beginning of the year. Sorry, but looks like you may have to pay up.
 
cyks said:
The contract terms specifying the top 5% for throttling were changed back in July '11, you were notified in your August bill about the change, and have been in effect since October. Between the two was your chance to cancel without paying an ETF. Good luck trying to get out of it now.

I've heard people say they've received discounts and such by changing to one of AT&T's tiered plans, but none about actually getting out of the ETF.

Or... you could use the search function, read any of the dozens of 'throttling' threads going on, and find out the same thing.
Click to expand...

Remember AT&T never really changed the contract on data throttling. Your contract with AT&T NEVER and I repeat NEVER had a promise speed in it. Chances are if you look at your contract it never changed since the data throttling one way or another was never in it. All AT&T was announced how they were going to lock things down.
 
sunshine2012 said:
How did you do that? You had to provide a proof? You moving out of the service area is not AT&T responsibility I assume?
Click to expand...

I just called, got someone nice, told them my 'unfortunate' situation, and made it convincing, and they agreed to cancel it. It took 3 tries, and I was polite each time until I got someone who would ask a manager for approval. Its a legitimate reason, if you talk about school, or getting married and moving....there are plenty of ways to do it, you just have to be convincing, and be patient because it may took you 5 phone calls until you get someone nice....if you are an ass, they will notate your account and no one will help you...

and if you are moving to an area with bad service or no service, they can relieve you from contracts, you just have to say it was an abrupt lifestyle change...they can deny you, or if you sweet talk them, you can lie your way out...
 
I find it fascinating when people have visions of outsmarting large scale enterprises like AT&T. Perhaps some consumers are unaware that corporations like this have highly competent legal departments to empower them.

Few people complain about the price of an iPhone, yet many act like paupers when it comes to paying for the cost of service.
 
Its people like you who think because corporations are almighty that we aren't entitled to this or that...that we need to just take it up the ....

If you work the system, you can come out on top, all you have to do is be nice and lie well
 
Rodimus Prime said:
Remember AT&T never really changed the contract on data throttling. Your contract with AT&T NEVER and I repeat NEVER had a promise speed in it. Chances are if you look at your contract it never changed since the data throttling one way or another was never in it. All AT&T was announced how they were going to lock things down.
Click to expand...

They never did, but that would apply for the case when we all live in the area where service is miserable and we all get the same service. But when we live in the area where service is good and I am not allowed to use my unlimited data plan and am treated differently than other customers, that is not right. I don't think 2GB is too much data. I am not trying to manipulate the system. I have been with AT&T for many years, went through many different phones and this is my first complaint.
 
sunshine2012 said:
They never did, but that would apply for the case when we all live in the area where service is miserable and we all get the same service. But when we live in the area where service is good and I am not allowed to use my unlimited data plan and am treated differently than other customers, that is not right. I don't think 2GB is too much data. I am not trying to manipulate the system. I have been with AT&T for many years, went through many different phones and this is my first complaint.
Click to expand...

I hear what you're saying and it does suck that after all these years they start throttling now but its still not terms for them terminate your contract without an ETF.
You can always try though but legaly you dont have a leg.
 
sunshine2012 said:
They never did, but that would apply for the case when we all live in the area where service is miserable and we all get the same service. But when we live in the area where service is good and I am not allowed to use my unlimited data plan and am treated differently than other customers, that is not right. I don't think 2GB is too much data. I am not trying to manipulate the system. I have been with AT&T for many years, went through many different phones and this is my first complaint.
Click to expand...

does not matter. It is not in your terms of service and as such not a change in the contract. Yes AT&T change how they are dealing with the higher data usage from people but they did not change the contracts in doing so. Yes you could try but you do not have any legal leg to stand on. It is pay ETF or let you out.

As for carriers letting you out of your contract ETF free when you move out of their service area it is not because they are being nice or even required to do that. No they are doing it because they would be paying more in roaming charges than you are worth to keep and less than the ETF.
 
ixodes said:
I find it fascinating when people have visions of outsmarting large scale enterprises like AT&T. Perhaps some consumers are unaware that corporations like this have highly competent legal departments to empower them.

Few people complain about the price of an iPhone, yet many act like paupers when it comes to paying for the cost of service.
Click to expand...

I am with you and it never ceases to amaze me when people here, think they know more than AT&T's legal department!

In the end EVERYONE, including Sprint will be making their users pay for bandwidth they use. There is no doubt that AT&T is trying to get rid of the "unlimited" thing and in the end the user will leave it behind for more speed!
 
ixodes said:
I find it fascinating when people have visions of outsmarting large scale enterprises like AT&T. Perhaps some consumers are unaware that corporations like this have highly competent legal departments to empower them.

Few people complain about the price of an iPhone, yet many act like paupers when it comes to paying for the cost of service.
Click to expand...

I'm sorry, but there are loads of threads on these forums and others showing how people have "outsmarted" the carriers - not just AT&T.
 
posible

see my signature link on how to cancel - not easy, but doable - i've seen few pipl here successfully getting out of paying ETF
 
I would think it could potentially be possible, but it would depend on when you started your contract. If you started a new contract after they announced the throttling (i.e. if you got a 4S on contract) then you wouldn't have much of a case. If you started your contract before that you may have a chance at no ETF.
 
Daveoc64 said:
I'm sorry, but there are loads of threads on these forums and others showing how people have "outsmarted" the carriers - not just AT&T.
Click to expand...
Nice try, but you're very wrong.

If you knew the "true story" you'd find that many love to brag and yet fail to disclose all aspects of the situation.

Anyone who thinks they are smarter than the carriers are sadly mistaken. This is hard core business. Something that many fail to understand. The carriers never lose. Never.
 
sunshine2012 said:
They never did, but that would apply for the case when we all live in the area where service is miserable and we all get the same service. But when we live in the area where service is good and I am not allowed to use my unlimited data plan and am treated differently than other customers, that is not right. I don't think 2GB is too much data. I am not trying to manipulate the system. I have been with AT&T for many years, went through many different phones and this is my first complaint.
Click to expand...

You were notified via mail of upcoming changes last summer. You were given a window to leave at that time. You ignored this.

In simpler terms, your were notified that they way you once were allowed to use your unlimited plan was changing. Since it was changing, ATT would allow you to get out of your plan without paying an ETF. Simply staying on the plan and not saying anything would be considered an acceptance of these new terms, and once this window closed you would still be on your same contract schedule you were prior to these changes.

----------
ixodes said:
Nice try, but you're very wrong.

If you knew the "true story" you'd find that many love to brag and yet fail to disclose all aspects of the situation.

Anyone who thinks they are smarter than the carriers are sadly mistaken. This is hard core business. Something that many fail to understand. The carriers never lose. Never.
Click to expand...

IDK. Depends on what you consider smarter... I know plenty that I helped get back onto unlimited with ATT until they just recently closed the hole. Up until then, I would consider that outsmarting. Same goes for Verizon's unlimited plan.
 
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