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

Discussion in 'iPhone' started by ideal.dreams, Mar 30, 2014.

  1. ideal.dreams macrumors 68020

    ideal.dreams

    Joined:
    Jul 19, 2010
    Location:
    OH
    #1
    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?
     
  2. ucfgrad93 macrumors P6

    ucfgrad93

    Joined:
    Aug 17, 2007
    Location:
    Colorado
    #2
    They promised you unlimited data, not the speed you get it at.
     
  3. ideal.dreams thread starter macrumors 68020

    ideal.dreams

    Joined:
    Jul 19, 2010
    Location:
    OH
    #3
    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.
     
  4. yg17 macrumors G5

    yg17

    Joined:
    Aug 1, 2004
    Location:
    St. Louis, MO
    #4
    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.
     
  5. ideal.dreams thread starter macrumors 68020

    ideal.dreams

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    Jul 19, 2010
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    OH
    #5
    The EULA prohibits a class action suit.
     
  6. Jessica Lares macrumors G3

    Jessica Lares

    Joined:
    Oct 31, 2009
    Location:
    Near Dallas, Texas, USA
    #6
    It was in the contract to begin with:

    Clauses in AT&T Contracts Have Always Provided for Limits on 'Unlimited' Data Plans
    http://www.macrumors.com/2012/03/05...-provided-for-limits-on-unlimited-data-plans/

     
  7. mojolicious macrumors 68000

    mojolicious

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    Sarf London
    #7
    Woah. That's a legally enforceable clause?
     
  8. alent1234 macrumors 603

    Joined:
    Jun 19, 2009
    #8
    no contract can prohibit a class action lawsuit
    you can't write a contract that violates a law
     
  9. PM-Performance macrumors 6502

    Joined:
    Feb 12, 2012
    #9
    This!
    I am pretty sure all of the unlimited data carriers do this now. Look at the fine print at the bottom of their commercials.
    This is not unheard of
     
  10. Mlrollin91 macrumors G5

    Mlrollin91

    Joined:
    Nov 20, 2008
    Location:
    Ventura County
    #10
    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.
     
  11. Plutonius macrumors 604

    Plutonius

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    Location:
    New Hampshire, USA
    #11
    If you think you have a case, get a lawyer. Otherwise, it's all speculation and opinion.
     
  12. deeddawg macrumors 604

    Joined:
    Jun 14, 2010
    Location:
    US
    #12
    Sounds like you haven't read your Wireless Customer Agreement carefully. Might want to try that first.

     
  13. Wide opeN macrumors 6502a

    Wide opeN

    Joined:
    Aug 27, 2010
    #13
    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.
     
  14. barkomatic macrumors 68040

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    Aug 8, 2008
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    Manhattan
    #14
    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.
     
  15. Deguello macrumors 6502a

    Deguello

    Joined:
    Jun 29, 2008
    Location:
    Texas
    #15
    What set speed do you believe you're paying for?

    Did your bill go up when your "set speed" went from 3G to LTE?
     
  16. Tyler23 macrumors 603

    Tyler23

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    Dec 2, 2010
    Location:
    Atlanta, GA
    #16
    Everyone is throttled, not just grandfathered customers (as far as I'm aware).
     
  17. Wide opeN macrumors 6502a

    Wide opeN

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    Aug 27, 2010
    #17
    Ummm, you would be incorrect sir. The Mobile Share plans are NOT throttled.

    That's why this is such CRAP!!!
     
  18. Tyler23 macrumors 603

    Tyler23

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    Dec 2, 2010
    Location:
    Atlanta, GA
    #18
    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.
     
  19. zorinlynx macrumors 601

    zorinlynx

    Joined:
    May 31, 2007
    Location:
    Florida, USA
    #19
    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.
     
  20. barkomatic macrumors 68040

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    Aug 8, 2008
    Location:
    Manhattan
    #20
    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.
     
  21. kilcher macrumors 65816

    kilcher

    Joined:
    Jul 3, 2011
    #21
    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. :)
     
  22. bmac4 macrumors 601

    bmac4

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    Feb 14, 2013
    Location:
    Atlanta Ga
    #22
    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.
     
  23. easy-peasy macrumors regular

    Joined:
    Jan 31, 2014
    #23
    Sad, but true :(
     
  24. bmac4 macrumors 601

    bmac4

    Joined:
    Feb 14, 2013
    Location:
    Atlanta Ga
    #24

    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.
     
  25. Wide opeN macrumors 6502a

    Wide opeN

    Joined:
    Aug 27, 2010
    #25
    I'll tell you this I still use a LOT more than 5GB on my Unlimited data plan monthly.
     

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