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mcrain

macrumors 68000
Feb 8, 2002
1,773
12
Illinois
Unfortunately, the contract doesn't say this. It says that AT$T can throttle anyone it "believes is using the Service in any manner prohibited above or whose usage adversely impacts its wireless network..."

Believes is using the service in any manner prohibited OR whose usage adversely impacts its wireless network. The belief only applies to whether the manner of usage is prohibited.
 

marksman

macrumors 603
Jun 4, 2007
5,764
5
Wirelessly posted (Mozilla/5.0 (iPhone; CPU iPhone OS 5_0 like Mac OS X) AppleWebKit/534.46 (KHTML, like Gecko) Version/5.1 Mobile/9A334 Safari/7534.48.3)

genen said:
This does not deal with the situation at hand since they can't claim that 3G "negatively impacts wireless network or service levels" while turning around and selling 5G/month service to others.

Exactly! If ATT can SHOW that the unlimited users using over 3GB/mo are putting negative impact on the network - then they have to STOP SELLING 3G PHONES until they improve capacity! If adding 25,000 new 3G phones a month is not negatively impacting the wireless network, then SURELY some grandfathered user using 6 gigs instead of 3 isn't either!

Bottom line is clear to EVERYONE - Unlimited users are impacting ATT ability to bill for overages.

Nothing complex here! They lost the T-Mobile bid and now want to make up the loss from existing customers!

Once all the carriers are on LTE, I hope to god competition returns... for now - we need more small claims court lawsuits against ATT!

The new people pay for the bandwidth they use.
 

neversink

macrumors regular
Jan 16, 2008
162
16
The terms of service can be challenged....

Honestly, the TOS are basically the same TOS you see with Verizon, etc. All TOS can be challenged by a competent lawyer.....

ATT knows this and so does every other company... But they don't care. They would rather pay their lawyers a boatload of moolah than help or be ethical with their customers...

A big middle finger to ATT for being scurrilous and deceitful!!!!!!
 

silverf1re

macrumors regular
Mar 3, 2011
211
8
How is it legal to have in a contract "if you belive we are breaking you copntract you do not get to file a class action lawsuit"
 

dypeterc

macrumors regular
Mar 5, 2012
239
286
This does not deal with the situation at hand since they can't claim that 3G "negatively impacts wireless network or service levels" while turning around and selling 5G/month service to others.
+10000000

ATT TOS said:
...anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network.
this wording is extremely vague
 

marksman

macrumors 603
Jun 4, 2007
5,764
5
Wirelessly posted (Mozilla/5.0 (iPhone; CPU iPhone OS 5_0 like Mac OS X) AppleWebKit/534.46 (KHTML, like Gecko) Version/5.1 Mobile/9A334 Safari/7534.48.3)

mysterydork said:
I don't take critique of mobile ISPs from people who think that tethering is a "useful" paid option. Tethering is double-dipping for more profit on the data I've already paid for.

Never owned a business have you.. Certainly have no experience selling resources based on average utilization. Your ignorance is concrete.
 

kas23

macrumors 603
Oct 28, 2007
5,629
288
Wirelessly posted (Mozilla/5.0 (iPhone; CPU iPhone OS 5_0 like Mac OS X) AppleWebKit/534.46 (KHTML, like Gecko) Version/5.1 Mobile/9A334 Safari/7534.48.3)

Will you babies finally stop crying and pay for the data you use?

I'm fairly certain they are paying for the data they use. When they signed their contract, the AT&T rep lead them to believe that if they paid $29.99 per month, they could use "unlimited" data. And, in this day of age, courts are becoming less and less tolerant of corporations misleading the consumer, contract or not.
 

DerekRod

macrumors 6502a
Jan 18, 2012
820
0
NY
How is it legal to have in a contract "if you belive we are breaking you copntract you do not get to file a class action lawsuit"

This is done purposefully because they've been burned on Class suits before.If a lawyer can find that clause unconscionable in court they can get a class action suit filed
 

rjohnstone

macrumors 68040
Dec 28, 2007
3,896
4,493
PHX, AZ.
Public broadband not private.

We either need nationalized "last mile" infrastructure or to regulate the separation of last mile infrastructure from retail companies. Anything less is just asking for continued buggering from these companies that own this precious and limited commodity.

It will eventually trickle down to users, this is a good start.
Guess who pays for it... the taxpayers.

I have no desire for a government owned/controlled communications system.
They will still use private companies to build and maintain it and we (taxpayers) will have to foot the bill for all the cost over runs and kickbacks.

No thanks.

(edit2) The bigger issue is why the F doesn't AT&T upgrade their network capacity and/or speed to meet the needs of the people who pay them?
I believe the $17+ billion they spent last year on upgrading their network shows they're doing just that.
Set realistic expectations in life and you will not be so disappointed. This s*** doesn't happen over night folks.
They were hoping the T-Mobile deal would go through as it would have been a faster path to increasing capacity.
 
Last edited:

kas23

macrumors 603
Oct 28, 2007
5,629
288
Believes is using the service in any manner prohibited OR whose usage adversely impacts its wireless network. The belief only applies to whether the manner of usage is prohibited.

I read:

AT&T can throttle "anyone it believes is using the Service in any manner prohibited above or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network."

AT&T can throttle anyone it believes is using the service in any manner prohibited.

Or...

AT&T can throttle anyone it believes whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network."
 

griz

macrumors 6502a
Dec 18, 2003
583
222
New London, NH
" ...or whose usage adversely impacts its wireless network "

So what they are saying is that you can't use the service they offer in an "unlimited" fashion because the very nature of that "unlimited" service "adversely impacts its wireless network".

Way to go AT&T. Advertise and then sell something that you can't deliver.
 

Krevnik

macrumors 601
Sep 8, 2003
4,100
1,310
The United States is in dire need of upgraded broadband.

While this is true, this isn't the main bottleneck on cell networks. The backbones are usually in good shape, but it isn't like you can turn on a tower and saturate whatever backbone it is hooked up to. The spectrum and towers have finite limits on how much data can pass through it. More towers can help, but there are limits to that, and zoning fun with cities has made new tower placement somewhat slow in urban areas.

LTE is a huge help here since it opens up the bottleneck quite a bit. Note that Verizon is really pushing LTE and even saying all new devices they carry need to be LTE. I'd wager that the real reason is that LTE is giving them a way to relieve the load on their 3G network which is at or near capacity in urban areas.
 

regularg0nz0

macrumors newbie
Aug 20, 2007
21
0
Listen... I personally don't come close to the top 5% in my region.

And I don't care if someone else does.

My biggest complaint is that they continue to call these plans "Unlimited". This is an outright lie to the consumer, and nothing in the fine print of any contract can change the fact that they've already given the consumer the impression that limitations will not be placed.

Suck it up. Change the name. Apologize for misleading. Acting as though the average consumer should have a law degree to make a simple purchase and should expect the word "Unlimited" means anything but unlimited is ludicrous.
 

Macboy Pro

macrumors 6502a
Feb 16, 2011
730
52
" ...or whose usage adversely impacts its wireless network "

So what they are saying is that you can't use the service they offer in an "unlimited" fashion because the very nature of that "unlimited" service "adversely impacts its wireless network".

Way to go AT&T. Advertise and then sell something that you can't deliver.

or.... way to go customers, agree to Terms of Service that you now choose to not agree to. Take your pick.

Read your Verizon Fios contracts, your Sprint contracts, etc. They all have the same types of clauses.
 

LagunaSol

macrumors 601
Apr 3, 2003
4,798
0
funny-Chinese-Restaurant-sign-all-you-can-eat.jpg
 

NoExpectations

macrumors 6502a
Sep 23, 2008
672
3
I am mad.
I have been with AT&T since 2007 - and I am now seriously considering moving all 4 of my family's iPhones over to Sprint.

Uhm, you do realize that with Sprint, everyone is throttled. Test after test shows that Sprint iPhone users have only 1/6 the speed of AT&T iPhone users.

Check the Sprint forum boards too....hundreds of thousands of users complaining about slow access.

I guess Sprint was smart....make everyone slow.
 

HiRez

macrumors 603
Jan 6, 2004
6,253
2,579
Western US
At the very least they should be banned from selling contracts billed as "unlimited" that patently are not, regardless of any fine print in the 100-page contract that they know damn well no customer is ever going to have time to go over. I don't care for myself because I never even get close to my 2 GB per moth limit, but that's just flat out false advertising. If they were just up front about these things and stop with the "unlimited" nonsense, people wouldn't care.
 

azentropy

macrumors 601
Jul 19, 2002
4,047
5,429
Surprise
Wirelessly posted (Mozilla/5.0 (iPhone; CPU iPhone OS 5_0 like Mac OS X) AppleWebKit/534.46 (KHTML, like Gecko) Version/5.1 Mobile/9A334 Safari/7534.48.3)

Will you babies finally stop crying and pay for the data you use?

Good idea. I only use ~500mb a month so why do I have to pay for 2gb? If I am under I should get a refund. :p Why should it only work in favor of the vendor?
 

Doombringer

macrumors regular
Feb 13, 2012
162
0
A line has to be drawn somewhere. Every TOS essentially says "you have no rights as the consumer/buyer/subscriber, we can do anything we want to you at any time for any reason..."

It's BS. Every EULA, TOS, etc... they all include clauses like this. You essentially never have a guarantee that what is advertised and what you purchase isn't going to drastically change at the provider's whim. And unfortunately, the only way to send a message is to take your dollars elsewhere... to another company that will do the exact same thing to you.
 

NoExpectations

macrumors 6502a
Sep 23, 2008
672
3
Get rid of all Unlimited Plans. They are unfair. Those that use less always pay for those that use more. Someone has to pay.

Would you agree to an unlimited gas (oil), electricity, or food plan? Of course not....unless you are a top tier user. It would not be fair for a Toyota Corolla owner who drives 20 miles each week to pay the same price for unlimited gas as a Cadillac Escalade owner who drives 100 miles each day.

Unlimited plans also cause more waste. Just go to any dinner buffet restaurant and see for yourself. The same would be true for gas, electricity, food, etc.
 

dBeats

macrumors 6502a
Jun 21, 2011
637
214
Gotta read the T&Cs...not like you have a choice anyway. Almost every contract has something like "we reserve the right to do anything outside of this contract if it fits us." But the reality is that no contract is written in stone, especially if it can be considered unreasonable and egregious. I use my iPhone all day long and have never gotten even remotely close to 1GB/month. So I'm not sure what the heck y'all doing. I don't stream video much. Got too many other things going on to do that on the go.
 

xlii

macrumors 68000
Sep 19, 2006
1,867
121
Millis, Massachusetts
If it's $10 for ever 1 GB of data, why is the 300 MB plan $20 or $10 per 150 MB.
It should be $20 for 2 GB of data. The 300 MB plan is way over priced.
 
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