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So he's awarded some money, but nothing is done to stop him from getting throttled for the remaining months of his contract. Nice.
 
More suits to come! Go get em! AT&T dirty tactics we wrong and they were so scared that Verizon's unlimited Plan would steal their customers. They lied to their customers knowing that eventually they would force a higher tier price plan on them in the end!
 
$850 was probably spent on the lawyer to go to court in the first place :S

Glad that person won though. Unlimited means unlimited. Glad Australia doesn't have AT&T.

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I'm actually surprised that AT&T didn't get away with it on the "protection of the network" type clause in every contract. Bet they're kicking themselves for ever advertising unlimited.

for $850 they wouldn't be kicking themselves but if suites like this follow out of inspiration they will be :p
 
LOL, our click-through contract "governs our relationship with the customer," since it says that we can modify the contract any way we want to, after we sold the package....

Seriously?! If the customer had the same rights, then I would say it's fair enough. But if not, it's unfair on its face, since the majors basically have a monopoly over mobile services, and they all have these absurd provisions.

Plus these companies have been taking billions in subsidies from the taxpayers for almost two decades, in exchange for promising that the US will have 100meg residential service and super fast mobile as of 7 years ago.
 
Does this suit investigate if there was any real "adverse" performance of AT&Ts data network by an independent technical audit? Many claim this is not the case and just price gouging.
 
Like I said before, if AT&T got their way and every unlimited customer switched to either the 3GB or 5GB+tether plans, AT&T's own solution for throttling I might add, it would not solve the very problem they state is the reason why they throttle to protect their network. Simply, if 2GB+ (unlimited plans) is the problem, then how can 3GB+ (teared plans) be a solution?

IT'S A TRAP!

If it would solve, then AT&T could easily satisfy the vast majority of unlimited customers to give up their plan by offering them 5GB+tether plan at the same monthly cost of $30 in order to try to honor the contract.

Any way I look at it, throttling or forcing customers to switch plans is the very act of AT&T breaking their end of the contract between these customers. For this, those customers should be able to walk away from AT&T without penalty and go elsewhere, plus keeping the iPhone regardless of "subsidies due". Remember, its AT&T action that voids the contract, nothing on the customer part violates the contract.

I'm not a lawyer, but I think it's pretty clear cut.
 
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Suck it AT&T.
 
In response to the update:

Basically, here's what AT&T is saying. We have made tons of new iPhone customers and signed so many people on board for another 2 years, that we don't give a **** about what our customers or the rest of America thinks. We already have losses related to iPhone subsidies, and the only way to make up the loss is by ****ing over most of our contractually obligated customers so that no one new signs up.

TL;DR: AT&T wants to **** its customers over just because it can.
 
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Anyone who says unlimited will go away isn't really thinking about what they are saying.

There are enough carriers to create the competition necessary to reduce prices. There could be a point in the near future where unlimited goes away, but as the carriers develop their towers and improve bandwidth prices will go down and Unlimited orleans will be available. Eventually, there will be unlimited family plans as well.

The same was the case with voice calls, then text messages.
 
"But at the end of the day, our contract governs our relationship with our customers."

No....at the end of the day...YOU LOST.
 
Verizon is just as bad. I've used 3gb this month and I am definitely being throttled. My wife's 4S is under 1gb for the month. We both played a you-tube video today and hers worked all the way through the video where mine constantly stopped to buffer. Pisses me off. Unlimited is unlimited, or it should be.
 
Verizon is just as bad. I've used 3gb this month and I am definitely being throttled. My wife's 4S is under 1gb for the month. We both played a you-tube video today and hers worked all the way through the video where mine constantly stopped to buffer. Pisses me off. Unlimited is unlimited, or it should be.

Your the first person I've heard about Verizon throttling. I know they do, but never heard anyone complain about it before.
 
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You won't hear as many complaints about Verizon throttling because they only do it when a tower is nearing capacity. It doesn't affect as many people, and it doesn't affect them all the time.
AT&T throttled you for the rest of your billing cycle. And, if you've never thought of it, the way AT&T does it will lower what point you reach the top 5% each month. This means that people will be getting throttled at lower and lower usage each month.
 
No worries. I'm sure At&t will call a meeting to come up with new ways to nickel and dime us.
 
While our user agreements may keep us from joining a class action lawsuit, can AT&T afford to have to send someone to defend their company in small claims courts all over the country?

There are no lawyer fees in small claims courts. You pay a small fee to file and serve. Even if the awards are small, AT&T really can't afford to have a crapload of these filed.
 
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Class action suit would get everyone about $.85. Not $850.
 
Where do we sign up for the class action lawsuit! I got throttled for 835mbs !!!!

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Class action suit would get everyone about $.85. Not $850.

Don't care about the money it's the point that they should not be doing this to us. Lets scare their rep!
 
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