This thread is false. I received my throttling warning at 4.9GB for the current billing cycle. My usage is at 5.8GB now and still no throttling. So your whole 'will' idea is just fear mongering.
This thread is false. I received my throttling warning at 4.9GB for the current billing cycle. My usage is at 5.8GB now and still no throttling. So your whole 'will' idea is just fear mongering.
We are talking about a contract here. A contract has to be signed by a representative of BOTH parties to be binding. Now the only contract I signed was one that had unlimited data and did not even bring up throttleing, because back then it wasnt a problem at all.
The contract doesn't end just because the early termination period happens to have expired. It has no fixed expiration date. It stipulates a penalty (ETF) if it is terminated before a fixed date. After the early termination period ends, you can cancel without penalty; however the remainder of the contract continues in full force perpetually, until such time that either you or AT&T take an action that causes you to cease being an AT&T postpaid wireless customer.You forgot to mention that the only contract you signed was also for 2 years...
Even though I diss agree, atleast you have a well thought out rebutal.![]()
I am current at 2.5GB and I got throttled already.
I feel ya... This needs to stop already... I have no access to wifi at work and my job is really boring.. AT&T wants us grandfathered customers to get new tiered plans..
So, you do still have a copy of the originally signed contract?
Then you must see the section of the contract which governs how AT&T can introduce amendments to the contract at a future date.
If AT&T gives you advance notice of their intention to modify the terms of the contract, and if you then proceed to continue making use of AT&T's service after receiving that advance notice, then you have agreed to be bound by the revised terms. If you don't agree to the new terms then you can ask to cancel the agreement before the start of the next billing cycle after the policy change was announced, and in that circumstance the ETF will be waived. You signed the contract, and therefore you agreed to be bound by this mechanism for amending the contract.
In any event, I sincerely doubt that your original contract included any language guaranteeing you any particular data transfer speed, so it's possible that their new practice of throttling is still completely in line with your agreement, without the need to actually modify any of the contract's original wording.
It's not a matter of disagreeing. You can disagree that human being need air to breath. That doesn't make you any less wrong. Fact is, if they were truly breaking hundreds of thousands of contracts, as you claim, this would have gone to court by now. It hasn't because it's obviously not a clear cut case.
Actually I just didn't feel like fighting. Your argument is flawed, B of A illegally foreclosed on thousands maybe tens of thousands of homes, and all anyone had to do was to insist that they show them the original mortgage contract. Even now if your bank is not holding your original signed contract you don't have to pay your bill, you own the home (assuming you have the contract) but no one knows anything about contract law. To make it worst, most of the lawyers even have it wrong, yep that's the truth.
So then sue, if you are so certain, you have nothing to lose. You will likely find good representation for cheap/free as well because you have a case you cannot lose that will give your representation wonderful publicity.
The housing/mortagge situation in the last 5 or so years, in general, was a giant clusterf*ck. It's not limited to B of A contracts, but spans basically all large lenders in the nation. I don't see how that comparison is remotely the same...
I am just saying that just because no one has done it yet, doesn't mean it's impossible. If it does go to court both sides would think they had a case or they wouldn't go. Most people just back down or don't even try because it's a big company. While I understand that. I also know that if you don't stand on your rights you will loose them. If you don't hold them to the contract then you are not entities to the benefits of the contract, in this case unlimited data at normal speed.
Most people don't know that if the bank doesn't have the original signed deed NOT a copy of it, they have no legal claim to the house. I am just talking about knowing your rights.
You do understand that I am not suing them, this is all conjecture at this point.
I am current at 2.5GB and I got throttled already.
My 3g speeds are now slower than edge... Got a text yesterday and today about my data being top 5% data user.. I called AT&T and they told me I will have really slow speeds until my new bill cycle Begins on the 5th of jan.. I never really used wifi since I have unlimited data but now I'm gonna have to use wifi as much as possible so they won't slow my speeds down... This sucks man..
I have three lines with unlimited data from years ago. Thus far none of my lines have triggered a throttling notice. After 12 yrs with AT&T I do have some good contacts within the organization. The general consensus I'm hearing is it's a very dynamic day by day, market by market situation.
They are very aware this is not what the customer wants, so they are only going to throttle when bandwidth limitations dictate. Not to be forgotten is the massive number of iPhones that are activated on their network. Far more than could possibly forecasted.
We're not the only ones aware of their poor reputation & current ratings. I'm not advocating for them, just sharing what I know about the topic.
The right way for ATT to handle this would be to give those of us with unlimited plans a 4 or 5gig cap. This would basically be 1-2 gigs over what we'd otherwise get for $30 under the $20 2gig plan. This would be a good gesture given that if you've got the unlimited plan you've been an ATT customer for at least a few years.