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Carrier Legality of AT&T Throttling users with unlimited data?

ideal.dreams

ideal.dreams

macrumors 68020
Original poster
Jul 19, 2010
2,386
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We are grandfathered into a plan with unlimited data with AT&T and tonight, one of the iPhones on our plan received a text message saying that we were near 5GB of data this month and that our data speed would be limited after 5GB.

Is this something that can be fought? If they're going to lower our speed then they should lower our bill on top of that because then we're paying for something we're not receiving the full extent of.

Thoughts?
 
ideal.dreams said:
We are grandfathered into a plan with unlimited data with AT&T and tonight, one of the iPhones on our plan received a text message saying that we were near 5GB of data this month and that our data speed would be limited after 5GB.

Is this something that can be fought? If they're going to lower our speed then they should lower our bill on top of that because then we're paying for something we're not receiving the full extent of.

Thoughts?
Click to expand...

They promised you unlimited data, not the speed you get it at.
 
ucfgrad93 said:
They promised you unlimited data, not the speed you get it at.
Click to expand...

I thought that too, but I'm paying for a set speed up to 5GB at this point. For them to lower the speed but still expect the same amount of money isn't right.
 
The fact that they've been doing this for a few years and lawyers haven't jumped on a class action lawsuit means it's legal.
 
It was in the contract to begin with:

Clauses in AT&T Contracts Have Always Provided for Limits on 'Unlimited' Data Plans
https://www.macrumors.com/2012/03/0...-provided-for-limits-on-unlimited-data-plans/

AT&T reserves the right to (i) deny, disconnect, modify and/or terminate Service, without notice, to 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.
Click to expand...
 
5GB of data is actually $50 a month. Yes that includes tethering but still. So in reality you are getting 5GB for $30 a month. Still a crappy situation but you never have to worry above going over. I will never give up my unlimited until they take it away.
 
ideal.dreams said:
We are grandfathered into a plan with unlimited data with AT&T and tonight, one of the iPhones on our plan received a text message saying that we were near 5GB of data this month and that our data speed would be limited after 5GB.

Is this something that can be fought? If they're going to lower our speed then they should lower our bill on top of that because then we're paying for something we're not receiving the full extent of.

Thoughts?
Click to expand...

If you think you have a case, get a lawyer. Otherwise, it's all speculation and opinion.
 
Yeah, to me this bullocks on the part of AT&T.

Yes I understand that this "may" be legal, BUT it doesn't mean it's not sleezy in practice.

To be punished for being a long term customer, is ridiculous!!! In other words new customers on shared data are ok to use data at optimal speeds regardless of how much they use, but unlimited users are punished at a certain point.

I WISH something could be done about this, it's simply not right.
 
ucfgrad93 said:
They promised you unlimited data, not the speed you get it at.
Click to expand...

That's the common argument and indeed its a good point. However, I think back to when AT&T/Apple marketed the unlimited data plans like crazy--and always emphasized and encouraged unlimited use with no restrictions.

Judgments in the past have indeed focused on what was advertised--and not always what is buried in service terms.

If a class action lawsuit were allowed, which its not, I think AT&T would lose. As it stands, its crazy for an individual to take the time and money to sue the company for something like this.
 
ideal.dreams said:
I thought that too, but I'm paying for a set speed up to 5GB at this point. For them to lower the speed but still expect the same amount of money isn't right.
Click to expand...
What set speed do you believe you're paying for?

Did your bill go up when your "set speed" went from 3G to LTE?
 
Wide opeN said:
Yeah, to me this bullocks on the part of AT&T.

Yes I understand that this "may" be legal, BUT it doesn't mean it's not sleezy in practice.

To be punished for being a long term customer, is ridiculous!!! In other words new customers on shared data are ok to use data at optimal speeds regardless of how much they use, but unlimited users are punished at a certain point.

I WISH something could be done about this, it's simply not right.
Click to expand...

Everyone is throttled, not just grandfathered customers (as far as I'm aware).
 
Wide opeN said:
Ummm, you would be incorrect sir. The Mobile Share plans are NOT throttled.

That's why this is such CRAP!!!
Click to expand...

Sorry, mobile shared plans are not throttled, you're correct.

The difference is that those have a data CAP, meaning, your allotment is X GB's of data (usually 5). If you go over, you get charged extra.

The OP is on an unlimited plan, where throttling occurs over 5GB. The situations are very different.
 
I actually WISH the mobile share plans were just throttled, rather than having to worry about incurring extra charges when you go over.

They do let you know via text message when you're using a lot of data, but still. I'd rather suffer with low speeds for the rest of the month, and be able to voluntarily pay for an extension than to have it be automatic.
 
zorinlynx said:
I actually WISH the mobile share plans were just throttled, rather than having to worry about incurring extra charges when you go over.

They do let you know via text message when you're using a lot of data, but still. I'd rather suffer with low speeds for the rest of the month, and be able to voluntarily pay for an extension than to have it be automatic.
Click to expand...

I think that a combination of throttling with the option to purchase more data would work. You would pay for a certain amount of full speed data followed by throttling if you reach your limit. After that, you could pay for additional full speed data within the same billing period if you needed it.

That would eliminate the worry of getting *unexpected* overages while still allowing a person to buy more data.

However, this would give customers more control over their monthly charges than the carriers probably want. They make tons of money over unexpected overage charges. It's a same that you can get hit with an extra $15 charge by going over a tiny amount--and not realize it really.
 
Wide opeN said:
Yeah, to me this bullocks on the part of AT&T.

Yes I understand that this "may" be legal, BUT it doesn't mean it's not sleezy in practice.

To be punished for being a long term customer, is ridiculous!!! In other words new customers on shared data are ok to use data at optimal speeds regardless of how much they use, but unlimited users are punished at a certain point.

I WISH something could be done about this, it's simply not right.
Click to expand...

Huh? Regardless of how much they use? There's a cap and if they go over they'll pay out the wazoo for it. If you think that's better than unlimited + throttled then I'm sure AT&T will gladly switch you over. :)
 
I think it's garbage that AT&T does this. I have been on the unlimited since 2006 with a Samsung Blackjack. I know data structure changed when the first iPhone came out, but back in 2008 when I got the iPhone 3G I was changed to the iPhone data service with unlimited. Back then I was using 10gb or more a month with no issues.

My biggest issue with the whole thing is from 2006 until the iPhone 4 or the iPhone 4s (can't remember when) AT&T allowed unlimited users to use as much data as they want. Then when AT&T saw they could make a lot more money off customers. They decided to drop unlimited, and add capped plans. For all the unlimited users now we will be throttled in hope we would drop the unlimited data, and get one of the more expensive capped plans.

I know there is nothing that can be done, but does not mean it's right for AT&T to do this. This just seems par for the course with carriers these days. We might as well get use to it because all the ever do is bend over and take it. Carries have been walking all over customers for years, and I don't think it's going to stop anytime soon.
 
easy-peasy said:
Sad, but true :(
Click to expand...


Yep. Most companies like say Apple try to meet the customers needs while also making money. The carries are in a different league along with cable companies. They do what they want, and could careless whether people like it or not. They know they will still get there money.

The cable companies have been hurting a bit because of Satellite companies (Direct, and Dish), but not enough for the system to change. The same in starting to happen in the carrier wars too. Companies like T-mobile are offering great prices, but at a cost of service. Verizon and AT&T are being hit just a little, so we are see things like the new 10g data shared plan. Or the Next type programs allowing upgrading every years, and paying for the phone in installments. It has caused some change, but not enough for us as customers really benefit. It just really sucks that we sit back and have watched this (for that matter allowed) this to happen. If we want to blame anyone I guess we need to point the finger right back at ourselves.
 
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