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OK. So, the complaint is that the OP has unlimited data but gets throttled after 5GB.

Anyone want to come on over to Sprint? Unlimited data, no throttling. Same legal BS about data speeds though.

Oh, right! The Sprint network is crap so it'd be like you are being throttled anyway without the benefit of your first 5GB at full speed!

Rock and a hard place.
 
OK. So, the complaint is that the OP has unlimited data but gets throttled after 5GB.

Anyone want to come on over to Sprint? Unlimited data, no throttling. Same legal BS about data speeds though.

Oh, right! The Sprint network is crap so it'd be like you are being throttled anyway without the benefit of your first 5GB at full speed!

Rock and a hard place.

Lmao:D
I was just going to say that.
On their CDMA 3G it's a constant throttling experience:)
 
ATT never promised a certain level of speed, in fact they make sure they state the opposite in that they cannot guarantee certain speeds.

I'd say be content with our unlimited data plan and if you want faster service switch over to a capped plan.
 
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

For those grandfathered under unlimited plans, Verizon only throttles if you're a top data user and the cell site you're connected to is congested. Once you move cells or the congestion stops, so does the throttling.

Moreoever, that only happens if you're using 3G. Verizon does not throttle any 4G LTE users.
 
ATT never promised a certain level of speed, in fact they make sure they state the opposite in that they cannot guarantee certain speeds.



I'd say be content with our unlimited data plan and if you want faster service switch over to a capped plan.


I get the whole idea that Att never promised us what level of speed we would get, but to suggest us be content with a service that we have been paying the same price for more than 5 years, but we get less for that price now. Is just a bit to ask for. I know Att has those small print details that say they can pretty much do whatever they want with unlimited, but that does not mean we should be content. I am paying now for a much different data plan than I was 5 years ago. Back then I was getting as much 3G speed as I wanted. Now I get 5g of LTE/3G/2G, and then it falls back to almost unusable speeds. Also any new features (like FaceTime) are restricted for us unlimited user over cellular. Well that is until about a year ago when someone took Att to court. All while still paying the same $30 we have all along.

Sure data is more expensive now for new comers, but that is part of being locked into a plan. Just like I have a minutes, and texting plan that is over 10 years old that is the same price. Has that changed since then? Heck no. Att (and the rest of the carriers) saw that data was much more popular than they had imagined, and they could cash in on it. Being content is what has gotten us to were we are now.
 
I think all this came into effect because people take advantage of it and try to pay a low rate monthly for their cell service and then just tether and run their home service through it and torrent and stream all day.

If we didnt have people that took advantage, I am sure we would not be in the state we are today.
Even actual ISP's do this now as far as throttling and actually putting caps on usage.

This is not uncommon at all. Deal with it or move to another carrier for their unlimited that will also throttle you, but allow you to possibly pay cheaper.
 
ATT never promised a certain level of speed, in fact they make sure they state the opposite in that they cannot guarantee certain speeds.

I'd say be content with our unlimited data plan and if you want faster service switch over to a capped plan.

They may not have promised in the TOS, but they certainly did in the marketing of the unlimited plans in the early days. Throttling was not mentioned in any of the advertising. It was use as much as you want and don't worry.

I think the way the plans were marketed would be the basis of any type of lawsuit.
 
Legality of AT&T Throttling users with unlimited data?

They may not have promised in the TOS, but they certainly did in the marketing of the unlimited plans in the early days. Throttling was not mentioned in any of the advertising. It was use as much as you want and don't worry.



I think the way the plans were marketed would be the basis of any type of lawsuit.


If anyone wants to try and file a lawsuit go for it, but know you need a lot of backing, and all the carriers have the FCC in their back pockets. It would be one heck of a struggle, but I would be all for it.

All that to say not sure that their ads would be enough to file a lawsuit.
 
Anyone want to pay my $10 premium data charge?

Introduced by Sprint in mid-2009 because Clearwire wanted $5 per 4G capable phone on it's WiMax network. Sprint added $5 to gouge the Sprint customer. At first it was only for the HTC EVO 4G, but in late 2009 Sprint made it for EVERY smartphone.

Sprint said it was a 4G data fee initially, but retracted that and says it's for the fact that smartphones use more data. They deny they ever said it was for 4G anytime you remind them that you've been there long enough to know the whole truth.

Now, go figure how you get charged a $10 data fee for consuming "more" data on the unusable Sprint network!

During this entire time there were loads of opportunities to get out because the contract language changed. I was fortunately grandfathered with my HTC Touch Pro and Touch Pro 2. Until I got the iPhone 5 that is.

So…who wants to pay my $10 premium data fee for unusable data?
 
They may not have promised in the TOS, but they certainly did in the marketing of the unlimited plans in the early days. Throttling was not mentioned in any of the advertising. It was use as much as you want and don't worry.

I think the way the plans were marketed would be the basis of any type of lawsuit.

But also remember that when they were still "marketing" unlimited plans it was well before LTE...and probably even before HSPA+. They could say, "you're right, you signed up for unlimited EDGE or HSPA with top speeds below 1MB, so we'll give it to you." :(
 
It's a mild threat from them. I wouldn't worry too much about it. I routinely hit 6-7GBs/month without ever noticing a throttling.
 
So are att iPad unlimited plans throttled after 5 gb? Is the Verizon iPad unlimited plan "better"?
 
But also remember that when they were still "marketing" unlimited plans it was well before LTE...and probably even before HSPA+. They could say, "you're right, you signed up for unlimited EDGE or HSPA with top speeds below 1MB, so we'll give it to you." :(


What they throttle you to is below 3G which is what they were marketing to us. You now get unlimited EDGE that's it.
 
Att (and the rest of the carriers) saw that data was much more popular than they had imagined

And that's why they want to kill off unlimited. It's like they've given some customers blank checks and now they want them back.

I held onto my unlimited for 5 years. I only recently I traded it for a family share 10gb that is double what we consume. And it's ~$50 cheaper a month, includes tethering and there's no 2yr contract. Wish I could've done that sooner. Unlimited was overkill for me.

If you hold out a bit longer, they may make you a better buyout deal, but I'd say the writing is on the wall for unlimited.
 
And that's why they want to kill off unlimited. It's like they've given some customers blank checks and now they want them back.



I held onto my unlimited for 5 years. I only recently I traded it for a family share 10gb that is double what we consume. And it's ~$50 cheaper a month, includes tethering and there's no 2yr contract. Wish I could've done that sooner. Unlimited was overkill for me.



If you hold out a bit longer, they may make you a better buyout deal, but I'd say the writing is on the wall for unlimited.


Yep. They want offer anything as good as what unlimited data was originally advertised as.

I sure wish I could go to the 10gb data shared plan. I use more than 5gb in a month some times, and that would leave less than 5gb for 3 other people. Just not worth it. The only thing they are offering is those data shared plans. I want nothing to do with sharing data with family.
 
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.

AT&T makes no promisses of speed only the amount of data. They basically are saying your data is unlimited but we can slow the speed of that unlimited data after you use 5GB.

Throttling you preserves bandwidth for others, especially in crowded markets where bandwidth is harder to come by. In some markets AT&T will not throttle a user at even over 10GB.

Regardless, AT&T is well covered on this.
 
They may not have promised in the TOS, but they certainly did in the marketing of the unlimited plans in the early days. Throttling was not mentioned in any of the advertising. It was use as much as you want and don't worry.

I think the way the plans were marketed would be the basis of any type of lawsuit.

That's the think, marketing is not a binding contract, in fact certain exaggerations are permitted, its called puffery. Just because a company promises the fastest network and then throttles you after consuming 5GB of data means they violated any contract with you.

What they say in a commercial and what you sign on a contract are two different things.
 
It's a mild threat from them. I wouldn't worry too much about it. I routinely hit 6-7GBs/month without ever noticing a throttling.

Not really. If you're in a high congested area or most likely a big city. You will get throttled. I'm surprised your even given a 5gb allowance now. Back when I was still with AT&T they were throttling after 3 gigs on unlimited plans.
 
That's the think, marketing is not a binding contract, in fact certain exaggerations are permitted, its called puffery. Just because a company promises the fastest network and then throttles you after consuming 5GB of data means they violated any contract with you.

What they say in a commercial and what you sign on a contract are two different things.

Several companies have been sued for misleading advertising.
 
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