Clauses in AT&T Contracts Have Always Provided for Limits on 'Unlimited' Data Plans

[The5%]

I am not disputting that At&t doesn't allow it's users unlimited data. What I am disputting is their fraudulent behavior in that they advertised unlimited data, on the fastest network. (I resigned my contract with them in Jan. this year, apparently they started the throttling in Oct. 2011...they never mentioned that when I resigned, they instead were bragging about how I don't want to lose unlimited data on their amazingly fast network...They could have easily seen that I consistently use 3+ gigs of data and said something about it...they chose not to.) It's purposely misleading a customer into spending money (Justifiable Reliance).

I would be fine with them throttling people in midtown Manhattan if thats were they were having data issues, but here in Grand Rapids, MI and many many many other places don't have those issues, yet we are still being punished for it. In areas where Data management isn't an issue; throttling shouldn't be either, but it is...And that still doesn't cover the fact that they are misleading people. Which again is the matter at hand and the reason people are pissed off.

I cannot believe that you can sit there and say that 15 minutes of HD video per day is excessive. Keep in mind that doesn't even include web surfing or app downloading. I didn't buy a $300 iPhone, and pay $100+ per month to watch youtube or Netflix videos that look like they were recorded from the inside of a pocket because At&t made promises, and continue to make promises that they can't keep...They are the ones who offered unlimited data, they are the ones who claim to have the fastest network, they are the ones who decided to grandfather people in...Not us. Thats what makes it fraudulent.

 

[BiggAW]

I am not disputting that At&t doesn't allow it's users unlimited data. What I am disputting is their fraudulent behavior in that they advertised unlimited data, on the fastest network. (I resigned my contract with them in Jan. this year, apparently they started the throttling in Oct. 2011...they never mentioned that when I resigned, they instead were bragging about how I don't want to lose unlimited data on their amazingly fast network...They could have easily seen that I consistently use 3+ gigs of data and said something about it...they chose not to.) It's purposely misleading a customer into spending money (Justifiable Reliance).

I would be fine with them throttling people in midtown Manhattan if thats were they were having data issues, but here in Grand Rapids, MI and many many many other places don't have those issues, yet we are still being punished for it. In areas where Data management isn't an issue; throttling shouldn't be either, but it is...And that still doesn't cover the fact that they are misleading people. Which again is the matter at hand and the reason people are pissed off.

I cannot believe that you can sit there and say that 15 minutes of HD video per day is excessive. Keep in mind that doesn't even include web surfing or app downloading. I didn't buy a $300 iPhone, and pay $100+ per month to watch youtube or Netflix videos that look like they were recorded from the inside of a pocket because At&t made promises, and continue to make promises that they can't keep...They are the ones who offered unlimited data, they are the ones who claim to have the fastest network, they are the ones who decided to grandfather people in...Not us. Thats what makes it fraudulent.

Your whining is not justified. It clearly stated they could modify your service in the contract you signed. Whether they were doing it or not at the time, and where is irrelevant.

You can disagree with the way they have handled different plans, I don't think they have done a good job with that, but they are well within their right based on the contract.

Licensed cellular systems are not made to stream HD video at all. They just can't handle that kind of bandwidth. They always can in the beginning, with limited adoption, but once enough people get on it, they just don't have the capacity.

If you bought an iPhone to stream video at all, you are naive. It just makes no sense on so many levels, including watching video on a tiny screen. Just to show someone a funny viral video doesn't require more than 360p that is heavily compressed.

There is nothing fraudulent about managing their network as they are allowed to under the contract that you signed. I do think they should have eliminated unlimited plans, but they chose not to, and are still honoring them according to the contract. If they didn't, it would be a material breach of contract, and the customer would be free to leave.

 

[BiggAW]

I read on another post that:

There is a basis for 3 complaints that can be filed with the FCC:

(A) http://www.fcc.gov/complaints Category of Wireless Telephone > Unlawful advertising

(B) http://www.fcc.gov/complaints Category of Billing issues (e.g. roaming charges, rounding, service plan rates, early termination charges, refunds, adjustments, etc.)

(C) http://www.fcc.gov/complaints Category of deceptive or unlawful advertising or marketing by a communications company.


I hope this helps. Not sure if the FCC will really do anything, but stating it loudly and clearly can't hurt the consumers.

I would suggest filing 1 separate complaint on each (three total)

The FCC will laugh and see that AT&T was in 100% compliance with the contract.

 

[phillytim]

Not everyone agrees that AT&T is misbehaving by throttling. SplatF's Dan Frommer opines that users are not acknowledging reality when they complain about AT&T terminating unlimited data plans.
AT&T's current data plans offer 300MB/month for $20, 3GB/month for $30, or 5GB/month for $50 (including tethering), with each additional 1GB costing users $10 on the higher allocation plans.

Article Link: Clauses in AT&T Contracts Have Always Provided for Limits on 'Unlimited' Data Plans

Now over 3 years later, it's amazing that prices really haven't changed from this first post dating back to March 2012.