The whole "top 5% being throttled" program was sold as a solution to a problem of a select few using an excessive amount of data. That's what it was explained as when they first announced it, and that's what it was promoted as up until the current situations began occurring.
Two gigabytes is not an "excessive amount of data" when the mid-level of the current tiered-data plans is three gigabytes.
I never said that 3GB is excessive. Heck, I would barely consider 10GB to be.
While the program was sold as a solution to punish just the abusers, that doesn't change the fact that it was stated from the beginning that they were targeting 5% (when, in reality, only a small fraction of a percentage would have been suffice). By saying that they're going to throttle the top 5% in one breath, and that only 2% of data users use more than 2GB in another, I thought it was fairly clear what the ultimate goal was.
Translation: get out of a broken contract by paying an ETF that ensures AT&T doesn't pay for its breach.
I have never told anyone to pay the ETF. Instead, I would hope people would fight, complain, constantly harass them, or do anything they possibly could to get out of it. Unfortunately, the time to get out of it easily (as per the contract, it was possible between July and Oct of last year) has long passed, so it may no longer be possible for everyone, but it's certainly worth a try.
If that's not an option, I don't see why people would still prefer to pay for something they can't use for the majority of their billing period when, for the same price, others have moved up to the 5GB tethering plan. Stubbornness and pride only work so far... and then you're simply handing AT&T money for something you can't use.
This all assumes, of course, that people here signed a contract that allowed AT&T to change the terms. The last contract I signed was in 2007. I've merely extended that contract every time I've upgraded a phone, and all that I signed in each of those circumstances was with a stylus on an electronic pad. I don't recall ever seeing any new language that would indicate AT&T reserves the right to limit my unlimited data. In fact, I know I was never presented with any such modifications to my contract because I would definitely have taken notice.
And even so, you are running with the argument that this is a case about contracts. The most egregious tort committed would be one of fraud, independent of a contract. It's unreasonable to assume consumers will read all the fine print of a several-page contract, but it IS reasonable that a consumer will rely on promotional language such as "Unlimited 3G Data!" That is where AT&T will burn for this.
In addition to the press releases, they included the amendment in everyone's August 2011 bill.
Knowing how much junk they generally include along with the bills, it's no wonder that so many people didn't see or read it, but they did do everything they needed to to cover themselves.
Again, as I've been saying since July, I am not on AT&T's side for this. What they have done is an obvious money grab and a way to screw a decent number of their loyal customers. Unfortunately, what's done is done and while it may be morally wrong, they seem to have covered all their bases legally here.
This all said, the thing that I most want to know here is, what is your gripe? Either you are an AT&T shill, a troll, or just someone who thinks they know something that they don't. What horse do you have in this race? If you don't have AT&T, or do have AT&T and are content with your service, great. This thread isn't for you.
Why should that matter? As a reader on this forum, it's tiring to have a dozen plus threads all complaining about the same thing.
So this thread is only for people to join together, hold hands, and complain with each other without actually doing anything real or making a difference?
This forum is all about discussion. I am simply joining in the discussion. It's just a shame that one can't express their own opinion or offer advice without being called a troll, representative of AT&T, or being tracked and followed outside of this site.