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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.

Take some time to read the thread.

I can confirm the throttling is in effect (how and when, i don't know, that's what we're trying to figure out). 5th day and my speed is stuck at <0.15mbps.

If you haven't received the text, or you don't anticipate on getting one. Then you are in luck.


This thread needs to stay focus, in order to figure out how they are selecting the throttling. Anyone effected by it, post your exact dates, time, location, etc or any useful information.

If it doesn't apply to you, great, you're not effected by it YET or you don't have unlimited data. So any information gathered in this thread doesn't apply to you, just move along.
 
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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.

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.


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You forgot to mention that the only contract you signed was also for 2 years...
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.
 
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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..
 
Even though I diss agree, atleast you have a well thought out rebutal.;)

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.
 
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..

You got it. I think most people will buckle. As long as I am getting at least 2.5GB a month I feel like I am at least getting my money's worth, when compared to the other plans out there ($10/GB). If they start throttling me, I am not sure what I will do. Maybe cross my fingers that Sprint gets their speeds fixed a bit!
 
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.

As much as I hate getting the text like everyone else saying I would be throttled after 2.1 GB, the above is exactly how AT&T gets away with it. The 2-year contracts we sign are in tiny text and multiple pages for a reasons exactly like this. They count on us not reading the small text that says AT&T doesn't guarantee data speeds. And it's our fault for not taking the time to read the tiny text because it "takes too long and inconvenient." I know I sure as hell didn't read my contract when I got my first iPhone 4 years ago.

Am I pissed that I got threatened with slow data speeds? Hell yeah I am but there's not a darn thing me or anyone else can do about it. AT&T isn't violating the contracts we signed, plain and simple, no matter how much we argue about it.
 
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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.
 
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 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.
 
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.
 
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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 understand completely. My point is that, all too often, people shout "THEY CAN'T DO THIS!!!". Great, then do something about it. They CAN do this if we let them. They CAN do this if they leave it open in their contracts. Obviously, this isn't a black and white situation. If it were black and white, we wouldn't be dealing with throttling, PERIOD.
 
I'm not sure how this works, but I'm currently at 2.5 GB of usage, and I am still getting my regular speeds of 3-4MBps that I always get. Perhaps they are throttling me... but if I never get anywhere near their purported top speed of 14Mbps, then it's hard to notice any slowing down :p
 
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..

Could you guys supply specific times, dates, messages, location...would help build an idea as to what is going on.

I think I have 18-20 days on my cycle and I'm stuck at 0.15mbps, not even close that actually, that's just the peak

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.

I have 3 unlimited lines, the other 2 lines are not even used.

When you mean when "bandwidth limitation dictates" is it location based? do you happen to know why it's not consistent?
 
I seriously doubt that throttling has to do with location. I work in a rural town in central VA (where 99% of my 3G is used, wifi at home) that just got 3G last year. The town is so small that if you blink while driving through it, you'll miss it all. I'm pretty certain theres only 1 AT&T tower that covers the whole town, maybe 2. I got the throttling threat for barely going over 2GB.

I'm betting the reason we are getting these notices (as mentioned before) is that us unlimited users are now a small minority of the users ie. the top 5% data hogs. Think of it like this: if there are a million iPhone users and 500,000 have the unlimited plans, that means 95% of those don't go over 2GB. And I bet a lot of unlimited users still don't go over 2GB. With the 2GB plan, it's limited how much data is being used thus making our usage of 3-5+GB appear more extreme and in the "top 5%.". AT&T was smart (by smart I mean deceitful) in putting in their contract that they can limit the top 5% of users knowing that window of data will get smaller as the unlimited users get smaller.
 
Wirelessly posted (Mozilla/5.0 (iPhone; CPU iPhone OS 5_0_1 like Mac OS X) AppleWebKit/534.46 (KHTML, like Gecko) Version/5.1 Mobile/9A405 Safari/7534.48.3)

I still want to see some statistical proof that what AT&T states is actually correct. I'm almost for certian know AT&T is just making this 5% going over 2gb up there @ss
 
If you look in AT&T's forums you'll see some people are getting the warning at 1.6GB. If AT&T says the top 5% will be throttled then the supposed 2GB limit will shrink every month. In a few months it could come down to 1GB then what? If they just came out and gave a solid figure like 3GB or something then we could track it and know where we are. The problem is in the way there being shady and nontransparent with the 5% figure.
 
That is what I have been saying.

Also who is the one checking this info? ATT ? Oh ATT is checking it! Just like Congress they make the rules, then they check the rules and inforce the rules, and we all wonder why we are on the loosing end? Big mystery
 
Out of curiosity- are any of the people getting throttled on FAN accounts?

I normally use right about 2 gig per month. I used about 3.2g last month (ended about 5 days ago) and did not get the msg or throttled. I'm in central ohio- so the network around here is decent (but not anywhere near the 7/14meg download max). I also get a corp FAN discount.

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.
 
Okay,

12/1 10:49am: AT&T free message about approaching top 5%
Approx used 1.8GB

12/7 3:53pm: AT&T free message about being the top 5%
Approx used 2.5GB

Location: Temple City, CA

Last month I got a message that I was at the top 5% on the very last day of my cycle at night time. So I checked my usage and it was almost 6GB. So this month is less than half of what used last month.

Been talking with AT&T and they can't do jack about it. They say it's based on market uses but they don't explain to me how big is that.


Yes, I am on a corperate FAN account.
 
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.

As a major company with shareholders looking for profit, they have no reason or motivation to offer a 'good gesture' to anyone... regardless of how long they've been a customer.

They were intentionally vague with the 5% and they'll begin throttling at a lower and lower point as people curb their usage or move to a tiered plan.

As they start throttling at the 1.5GB mark, many people will decide to save $5 and switch over to the 2GB tier knowing they'll get full speed the whole time... of course, without the slowdown or being used to watching their usage, they'll probably go over and AT&T will make that much more money off them. That, or people will end up paying more to be capped at 4GB. Either way, AT&T makes more money for doing less.

The only one who's actually benefiting here is Sprint as people sign up there to save money and continue to have unlimited usage... but they're slower than AT&T (although fast enough for most people in many areas) and you can't use data and phone at the same time.
 
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