AT&T Starts Throttling Unlimited Data Users after 2GB of Monthly Usage

[aristobrat]

The real question is when should I leave? When they don't throttle I'm a happy campier. I get service all over. But I'm not going to let me them punk me on data and pay them.

When I got my iPhone 4S on launch day, I switched from AT&T to Verizon. It was a huge downgrade in 3G speeds for me. Network latency is less, so mostly text-based web sites (like MacRumors) actually pop up a little more quickly than AT&T, but anything that "downloads" data (like downloading apps/music, refreshing Facebook/Flipbook/any major news app) takes significantly longer. Even sending photos via iMessage is noticeably slower for me.

The only reason I stayed with Verizon instead of porting back was that I had an overseas trip planned and really wanted my iPhone unlocked so that I could use a local SIM. AT&T won't do that for iPhones. Verizon will, so I stayed.

If the next iPhone isn't LTE, or Verizon's LTE in my area isn't significantly faster than their 3G data, I'm eating the ETF and porting back.

 

[DEMinSoCAL]

Well, slap me and call me an abuser, because I just received an email and txt from ATT saying I am in the top 5% and they want me to switch plans.

I won't reiterate what others have said...we all feel the same--gipped.

I don't abuse their network. I do what I've always done with my iPhone--email, very little surfing, streaming radio while I'm driving, and an occassional app or two.

Looking at my data usage over the past 12 months, according to ATT, I've gone from 176MB in FEB 2011 to 2807 in NOV 2011! Each month was a pretty hefty increase over the last. Yet, my usage habits are the same.

AT&T needs to provide substantiated documentation that shows their entire user base's data usage broken down by percentages. Are we to believe AT&T that 2GB is 12x the average user and their top 5%?

If so, why do they offer a 3GB plan? For their top 2%? And a 5GB plan? Is there only 0.1% of their users buying 5GB?

It's fraud, it's phoney, and it's an obvious attempt to get us off our Unlimited plans in time for the iPhone 5 with 4G.

Just imagine having 4G...we'll reach our 2GB in 3 days instead of a month, and spend 27 days in throttle-land!!!

This is plain stupid.

 

[TomA]

I'm also in So. Cal so there is NO WAY 2gb is the limit. ATT are just a bunch of a$$h0les. I'm at the point where I'm willing to pay my EFT (285) and move on to Verizon. They may get my EFT but they will never get anymore money from me in the future. That will hurt them losing the revenue vs. the EFT. But the iPhone does hold a good resale value and I'm sure I can get good money for my Black 64gb with AppleCare+. The real question is when should I leave? When they don't throttle I'm a happy campier. I get service all over. But I'm not going to let me them punk me on data and pay them.

Tell them you don't have to pay because they changed the contract.

 

[cyks]

I understand they can change the terms. . . but also think that when they do we should be able to change ours as well.

If you change the terms it seems I should be able to get out of my contract.

Unfortunately, the time to get out of the contract without paying the ETF was between last July when they first announced the change of terms and October when the changes went into effect.

As for being able to change the terms yourself, you could try, but there's no chance of AT&T accepting them. Conversely, your continuing to pay each month after their changes were announced was viewed as an acceptance of their terms.


The ghost data charges showing up are a whole other matter completely, and one that is effecting far more people than just the top 5%, so hopefully we'll get some kind of answer on those soon.

 

[TomA]

Unfortunately, the time to get out of the contract without paying the ETF was between last July when they first announced the change of terms and October when the changes went into effect.

I have a feeling that if you didn't sign anything, that if you fought this you would win.

http://www.cultofmac.com/76570/wanna-switch-carriers-avoid-paying-your-early-termination-fee-how-to/

 

[DEMinSoCAL]

Unfortunately, the time to get out of the contract without paying the ETF was between last July when they first announced the change of terms and October when the changes went into effect.

As for being able to change the terms yourself, you could try, but there's no chance of AT&T accepting them. Conversely, your continuing to pay each month after their changes were announced was viewed as an acceptance of their terms.


The ghost data charges showing up are a whole other matter completely, and one that is effecting far more people than just the top 5%, so hopefully we'll get some kind of answer on those soon.

Did the changes go into effect in October? On my Oct and Nov 2011 bills, my data usage was 2132MB and 2807MB, respectively. I did not receive any warning back then of being in the top 5%. Am I to assume, then that 2807MB is OK?

Also we, as consumers, should be given the statistical data for each month in our bill so we know what the cap is for being in the top 5% and can therefore monitor our usage if need be. Obviously, with UNLIMITED data usage, this sounds a bit ridiculous, but at least then it isn't a surprise as to when I'm going to get that text and email!

Of course, this does not excuse the fact that I should be receiving Unlimited 3G data. I think as reasonable people, we know to expect "unlimited" to not mean truly unlimited, but when 3GB and 5GB plans are offered, "unlimited" should start somewhere past that! Heck, even Verizon had the 8GB when paying for 4GB deal a while back.

Next time they have another doubling data deal, I'm switching.

I was really looking forward to a 4G iPhone, but when 4G only puts me in the penalty box much fast than 3G, what's the point? Why have 4G at all if I can't watch movies or download large amounts of data faster than 3G? Isn't that the point, without being penalized?

I hope this isn't over yet. I hope someone gets the ball rolling. Someone needs to give this national attention and cause AT&T to reconsider this foolish tactic.

 

[aristobrat]

I have a feeling that if you didn't sign anything, that if you fought this you would win.

http://www.cultofmac.com/76570/wanna-switch-carriers-avoid-paying-your-early-termination-fee-how-to/

FWIW, the only two "cancel for free" conditions I see in the contract are if they raise your monthly bill or stop providing service where you live.

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.

http://www.wireless.att.com/cell-ph...msName=Wireless+Customer+Agreement&print=true

 

[mimo777]

Just got throttled

I have been using on average 7gb a month since I got my iPhone 4 in August. I just started getting throttled at 5.7gb. My upstream is 1.5mbps and my downstream is 0.07mbps. I believe we have a case against AT&T for equitable estoppel(http://legal-dictionary.thefreedictionary.com/Equitable+Estoppel) Since they have been providing a level of service since they claimed to start throttling, and have lowered that level down. I believe a judge would look at this and say, "Hmm, AT&T, you provide a plan for 3gb at the price of the Unlimited plan, and a plan at 5gb at a higher price. It appears that you are not throttling to protect your network, only throttling to force a change of plans, which should trigger an out from the ETF at the time the throttling occurred, but you claim that it was always in the plan that you could do so? Sounds like you just want to force a plan change without risking losing a contract" My experience with Judges is that they don't like being lied to and they don't like being ********ted. Seeing as how I have prepaid legal services as a benefit with my company, I don't see this as causing too much of a loss, since I might be able to get my corporate attourney friend or uncle to help me prepare the small claims suit and at least pay them standard and customary from the prepaid legal service. I figure damages as previously listed above would be ETF and the cost of the new phone on another plan, or I can try and push for Specific Performance(http://legal-dictionary.thefreedictionary.com/Specific+performance) and force them to give me at least 7gb/month or pay for another provider to do so. Maybe we should have a 'Sue AT&T in small claims court' day and all file on the same day in protest.

 

[drummingcraig]

Anyone care to chime in on this???

So I was just checking my usage using the "My AT&T" app on my iPhone. We have a Familytalk plan. I have an iPhone with the $30 Unlimited plan and my wife has a regular old non-smart phone. She has no data plan and uses no data at all.

Under "Group" data usage it says "Used 240 of unlimited", and beneath that it says that "usage is measured in MB". But when I switch to Individual Usage and look at my line it shows that I have only used "14.51MB of Unlimited". When I look at my wife's line there is no entry for data usage.

So my confusion here is two-fold. First off, why aren't these two numbers the same?

Anyone??

 

[woodlandbunny]

I mean this with as little offense as possible to the author of that petition, but if you're really serious about the petition you should come up with something that is well written. I am completely on your side in this, but I cannot bring myself to putting my name on that. It is concise and to-the-point, but it needs a little more on the intelligent argument side and less on the "I'm a pissed off teenager" side (now clue how old the author is of course).

Just my $.02 and intended to be constructive criticism, not flaming.

I am unsure about the author. If you notice, the BofA petition that was used to stop them from charging more fees worked! Are you going to allow someone's bad grammar to really stop you from helping to make change happen? Please, help to make this petition work or the fighting between the people will hinder any efforts of banding together to stop AT&T. Again, please help. It was the petition that I saw that was already started on the web site. Also, another idea is that the website allows you to contact the author of the petition.... it sounds like you have a strong ability to write so perhaps you can help the writer to make it better? We can all help!

 

[EBB]

IPhone Throttling

My wife received her 5% heavy user email from AT&T yesterday at 2.1GB of usage. She received it with a better attitude than when I received mine. She called customer service and thanked them for the reminder to change carrier services when the IPhone 5 comes out. Guess what!!! They email back with a case number and stated they would be assigning a "SPECIALIST" to adress her issues. Hell, when I complained, basically all they did was hang up on me!

 

[IPPlanMan]

File an FTC Complaint as well

I've written letters to both CEOs and their legal departments. And as of this morning filed the FCC complaint. Getting prepared for the storm to come.

Glad you filed a complaint with the FCC....

You should file an Federal Trade Commission (FTC) Complaint as well... It's easy.

For the FTC:
http://www.ftccomplaintassistant.gov/

For "unlimited" data plan customers, AT&T has provided no proof of the accuracy of its internal bandwidth meters, and thus there is no consumer-transparent basis under which this "top 5%" throttling practice is determined and implemented. The FTC needs to investigate this as it is a deceptive business practice in which a plan is marketed as "unlimited" but is throttled to the point of useless (as the video shows) with no clearly defined criteria based on users who can travel frequently from region to region.

The idea of a "market" being based on your "address" is an unfair business practice. When someone travels from NYC to LA, etc. there's no way to label them a top 5% user based on a specific region as AT&T appears to be doing. How can AT&T even claim this? Does the so-called congestion travel with a customer?

Aside from there being no proof of congestion in the first place, there's no way to know if AT&T is really doing the "top 5%"... make AT&T prove it.

AT&T is deceptively marketing an "unlimited" data plan which is throttled to effectively useless speeds based on video evidence. You can point the FTC to this YouTube video:


http://www.youtube.com/watch?v=XW5aEQzTcW0


This complaint also applies to the tiered data offerings: that's another reason to ensure that these usage meters are accurate. Who's checking this? No one I'll bet... Why would they?

All the more reason for the FTC to make AT&T come clean on this.

 

[DEMinSoCAL]

Just curious...anyone call customer service, and switch to a tiered plan AND got a bill credit for x-number of months?

I'm considering calling them, and mentioning how eager they are to get me off my "unlimited" plan, and that I'd be happy to switch to the 5GB/$50 plan if they also gave me a $20 bill credit each month for the remainder of my contract.

I believe the 5GB Datapro plan ($50) includes the tethering/hot-spot feature, correct?

Then, at the end of my contract, I can decide what to do.

Sound like it might work?

 

[dr.devious]

Just curious...anyone call customer service, and switch to a tiered plan AND got a bill credit for x-number of months?

I'm considering calling them, and mentioning how eager they are to get me off my "unlimited" plan, and that I'd be happy to switch to the 5GB/$50 plan if they also gave me a $20 bill credit each month for the remainder of my contract.

I believe the 5GB Datapro plan ($50) includes the tethering/hot-spot feature, correct?

Then, at the end of my contract, I can decide what to do.

Sound like it might work?

I talked to Enterprise Customer Care yesterday and they offered me a $200 credit if I was willing to switch the 5GB Pro Plan. The irony if I switch plans is that not only will they give me a credit but as a result I will happily cancel my 2GB iPad 3G plan for $25. It would seem that AT&T is willing to lose $200 plus the month revenue of the iPad subscription just for the "chance" of collecting overages from me...hope it's worth it Ma' Bell.

 

[drummingcraig]

Just curious...anyone call customer service, and switch to a tiered plan AND got a bill credit for x-number of months?

I'm considering calling them, and mentioning how eager they are to get me off my "unlimited" plan, and that I'd be happy to switch to the 5GB/$50 plan if they also gave me a $20 bill credit each month for the remainder of my contract.

I believe the 5GB Datapro plan ($50) includes the tethering/hot-spot feature, correct?

Then, at the end of my contract, I can decide what to do.

Sound like it might work?

My guess is that they would tell you to pound sand. There's no benefit for them to "upgrade" you to the top tier program for free (which it essentially would be after the credit). The whole motive behind this debacle is to increase revenue while reducing network congestion.

You could try asking for it as a way for them to keep your business, but unless you plan on fighting them they still have an ETF they will try to collect if you walk away, so no real loss for them there either.

Unlimited customers who are still under contract are caught between a rock and a hard place until someone opens a can of class action on AT&T (quite likely) -or- AT&T wises up and handle this in a more fair and reasonable manner (unlikely).

 

[Apple Expert]

Just curious...anyone call customer service, and switch to a tiered plan AND got a bill credit for x-number of months?

I'm considering calling them, and mentioning how eager they are to get me off my "unlimited" plan, and that I'd be happy to switch to the 5GB/$50 plan if they also gave me a $20 bill credit each month for the remainder of my contract.

I believe the 5GB Datapro plan ($50) includes the tethering/hot-spot feature, correct?

Then, at the end of my contract, I can decide what to do.

Sound like it might work?

I tired that and they told me no. If I want that plan I have to pay the updated price of $50. At this point they don't care how much we complain if we continue to pay them.

 

[DEMinSoCAL]

My guess is that they would tell you to pound sand. There's no benefit for them to "upgrade" you to the top tier program for free (which it essentially would be after the credit). The whole motive behind this debacle is to increase revenue while reducing network congestion.

You could try asking for it as a way for them to keep your business, but unless you plan on fighting them they still have an ETF they will try to collect if you walk away, so no real loss for them there either.

Unlimited customers who are still under contract are caught between a rock and a hard place until someone opens a can of class action on AT&T (quite likely) -or- AT&T wises up and handle this in a more fair and reasonable manner (unlikely).

Well, I did just call, and spoke with a very nice woman. I played all the logic angles with her (why 2GB throttling when tiered users get 3GB, etc.) and of course, she had an explanation for everything. They've obviously been trained very well on what to say. She also made sure to note, repeatedly, that AT&T wasn't trying to get rid of my unlimited plan, and that my data would still be unlimited, just slower. She sidestepped the fact that it's unusable at the slower speeds.

In the end, she said no bill credit. It is what it is.

I'll just hold out until the feds come down on them and AT&T is forced to offer at least 3GB before throttling or (lest I dream), truly unlimited data like I was promised.

 

[FirstJohn318]

Approaching the 5% at 1.6

I just got the warning at 1.6 GB that I was approaching the 5% mark. This is effing rediculous. We need to start some sort of petition here. I dont know how this can be legal...I MEAN WTF 1.6 GB...not even 2GB but 1.6. I am about to leave AT&T and go to sprint. Last month I got the same warning but at 3.1 GB. THAT seemed much more reasonable. Now I get the warning at half of that.

 

[Rocketman]

I just got the warning at 1.6 GB that I was approaching the 5% mark. This is effing rediculous. We need to start some sort of petition here. I dont know how this can be legal...I MEAN WTF 1.6 GB...not even 2GB but 1.6. I am about to leave AT&T and go to sprint. Last month I got the same warning but at 3.1 GB. THAT seemed much more reasonable. Now I get the warning at half of that.

I suggest aiming your upset squarely at Congress committees and the FCC (executive branch) who oversee spectrum deployment and exploit. They also stop dead, combinations carriers themselves identify will solve the problem, on an anti-trust theory, even though they are small potatoes internationally and communication alternatives are many, and worse, capacity is so far below demand the government would rather see you crippled at 1.5 gb and soon 0.8gb, than see a couple carriers trade patchwork tower ownerships and make both networks higher capacity in the process, and "risk pricing power increase".

House Energy and Commerce Committee
Technical Advisory Council, a committee of FCC advisors
In 1934 Congress passed the Communications Act,
United States Senate Committee on Commerce Science and Transportation
Senate Homeland Security and Governmental Affairs Committee

Start there.

Try an online faxing service that allows capture of interested person info for sending to their congress critters and the head of the committees. If you get over 20,000 responses you might be a blip.

This methodology actually works. Of course if you or other readers do nothing, nothing will or can change.

Rocketman

 

[SMDrew]

I just got the warning at 1.6 GB that I was approaching the 5% mark. This is effing rediculous. We need to start some sort of petition here. I dont know how this can be legal...I MEAN WTF 1.6 GB...not even 2GB but 1.6. I am about to leave AT&T and go to sprint. Last month I got the same warning but at 3.1 GB. THAT seemed much more reasonable. Now I get the warning at half of that.

Can anyone create a map to show the limits of throttling? Think in terms of allowing multiple users to enter their zip code, and how many GB triggered the throttling warning. That'd hit AT&T in the wallet a lot harder than people leaving en masse, by keeping new users from signing up in high-traffic areas also.

 

[mnb]

You're not capped at 2GB, you're throttled at 2GB. Know the difference please.

Uh... it's still not unlimited. Throttling is a synonym for limiting in this usage. Know the difference, please.

 

[Apple Expert]

Uh... it's still not unlimited. Throttling is a synonym for limiting in this usage. Know the difference, please.

It is still unlimited, just not the unlimited speed. I don't agree with what ATT is doing. That's why I moved to Verizon. Still on the unlimited data package. Speeds are slower, but not dramatically. Plus LTE is in my area which is a plus if and when iPhone does have LTE.

 

[DEMinSoCAL]

Uh... it's still not unlimited. Throttling is a synonym for limiting in this usage. Know the difference, please.

Maybe Littyboy would like to spend a month at throttled speeds and then see how "limiting" it is. I contracted for unlimited 3G service. AT&T wants to play word games. Fine. Maybe we all should start paying our monthly bills in loose pennies, delivered to our local AT&T stores! 10,000 pennies from each customer should have some impact.

 

[yozh]

Wow just got the %5 mrssage and Im only at 1.6gb first time Im getting this Im in NYC area. This is insane eventually it'll go below 1gb if they keep this up. How are they getting away with this on such low standars wow jusy wow!

 

[PJW1963]

Data calculator

Go to the AT&T website and search "data calculator" and as smart as I know a lot of you "techies" are, then you can see why 95% of the people are at 2 gigs or under. You would have to have thousands of emails to be at 2 gigs or 17 1/2 hours of streaming video, or 70 hours of streaming music. If the data calculator is correct, this is how much data you would have to use. Let me guess, "the calculator is manipulated" by AT&T also. Come on people.

And for the one that says he only looks at a few pictures and texts a month. PLEASE !!!!!