There's misleading and then there's exaggeration. I'd have to categorize ATT's marketing as one that never promised a set network speed.
If you wish to sue them, then go for it, though I doubt it will really pass muster
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Carrier Legality of AT&T Throttling users with unlimited data?
- Thread starter ideal.dreams
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There's misleading and then there's exaggeration. I'd have to categorize ATT's marketing as one that never promised a set network speed.
If you wish to sue them, then go for it, though I doubt it will really pass muster
I don't think AT&T cares about moving people off unlimited plans as much as Verizon does. Verizon can't throttle their unlimited users but AT&T obviously does in most cases.
I think the throttle is pretty effective in keeping grandfathered users under control--they don't need to offer us an incentive. That would be nice though!
Throttling has all but caused most people to migrate off the unlimited plans. Why offer an incentive when they can just slow down the transmission and/or make it harder for you to upgrade until you're forced to drop the unlimited plan
In fact someone has already successfully sued AT&T for throttling their unlimited data plan so at least one court believes it has merit.
http://news.yahoo.com/judge-awards-iphone-user-850-throttling-case-195042925.html
As for me, where did you get the impression I was going to sue? It's not worth the effort IMO unless there is a class action lawsuit--which is apparently not possible.
That was years ago. Why is anyone even talking about this now? Nothing has changed. They have been throttling since October 2011. Guess the OP's was uneducated on it since he just became throttled.
AT&T's terms and conditions don't permit class action suits.
SCOTUS said dumb lawsuits over trivial amounts of money where only the lawyers make out can be forced into arbitration. not class action lawsuits
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in those days 1mbps was fast wireless speed. in theory AT&T can throttle all the unlimited users to 1 or 2 mbps and still live up to the spirit of the contract.
Maybe, but AT&T actually throttles you down to .5 mbps. 1 or 2 would be much better.
Well there you go. All I can say is go for it then, if you or someone feels justified in attempting it, why not.
But they are capped with overage fees. It's a compromise either way and each needs to decide which is the bigger priority.
Something can be done but, as you indicated in a later post, most tend to value service over not being throttled.
Doesnt Tmobile do the same thing? I could swear I saw the fine print at the bottom of their commercials also.
Who has the best data plan for heavy users
Although I prefer T-Mobile, it does pretty much the same thing. When you hit the your GB limit, you get throttled to a pretty limited trickle-- I forget what I measured it as, but, it is pretty bad. I don't normally hit my limit what with WiFi availability, but, I've done it a few times recently.
Although I hate AT&T, the real question is, "Who has the best data plan for heavy users?" I don't know the answer myself.
Although I prefer T-Mobile, it does pretty much the same thing. When you hit the your GB limit, you get throttled to a pretty limited trickle-- I forget what I measured it as, but, it is pretty bad. I don't normally hit my limit what with WiFi availability, but, I've done it a few times recently.
Although I hate AT&T, the real question is, "Who has the best data plan for heavy users?" I don't know the answer myself.
If your willing to pay full price for phones every time. Verizon is the way to go. If you are grandfathered in you can use unlimited truly without limits, but you have to pay full price for your phones. The problem is if you don't already have Verizon you are out of luck.
If you are looking to find another option to what you already have. There is really no option. All the carriers are pretty much the same these days when it comes to data caps and prices. Whatever you have now is the best you are going to get.
I have T-Mobile and am at 67GB this month. No throttling on unlimited plans. I usually use about 6GB, just wanted to see how much I could use this month through tethering to my iPad.
Correct.
I think they have both truly unlimited data plans and other cheaper unlimited ones that throttle you after a certain amount of data.
but you are still getting access to their data network.
i have no problem with them throttling
So either switch to a carrier that offers unlimited data or switch to Mobile Share and pay a fortune for your data. Simple decision. AT&T is not obligated to provide you any certain level of speed on their network, just some form of data.
This is exactly why companies throttle now!
I read that tmobile does throttle after 5gb also, but not on the truly unlimited plan?
So they have an unlimited and a really unlimited, so the unlimited really isn't really unlimited? Lol
Anyway, ok so one carrier has a "truly unlimited " plan where people can take advantage of until they change that like all the other carriers did from abuse.
Enjoy it while you can
I own all of my phones outright. They are all unlocked GSM phones. I use T-Mobile because that is the cheapest if you already own your own phones.
Well I did not know any carrier offered "truly unlimited" data anymore. I guess T-mobile (if they have good reception in your area) is the way to go.
I do find it funny though that T-Mobile has to call is Truly Unlimited. People keep posting on here about how AT&T never promised us a certain speed, but when you hear unlimited. One assumes that means unlimited use of there network with whatever speed is fastest within your reception area. Not just unlimited data with 5gb of LTE/HSPA+/3G. Then drop you down to below EDGE speeds. There never use to have to be a clarification for unlimited data. Unlimited data was unlimited data. As long as you had 3G reception you got 3G speeds for as long as you wanted. Not any more, but guess what AT&T will still charge us the same thing they did when they offered us true unlimited data.
Which is a large reason I REFUSE to give up unlimited. And I still go for mine, to the tune of 5-8GB's a month.
Barry White said it best: "I'm never gone give you up" "Quitin just ain't my stick".
This may or may not be helpful, but you can turn off data for any line at any time with my AT&T. Could be quite useful if you are like a day or two out and would rather go without data for a bit than pay extra.
Unlimited?
OK, Let's take a look at the Legal Terms in my recent contract (11/2013).
Please keep in mind that i have had an unlimited plan since my first iphone (2008) and suffered through years of inadequate "unlimited" data speed and reception. My service was so bad, in fact, that I was told to get an iPhone5 and the LTE speed would meet my expectations. (Yes, actually it does, just not unlimited.)
Toward the end of section 6.1 AT&T spells out; "The absolute capacity of the wireless data network is limited" and at the same time they are selling me an "unlimited" plan. Significant, but not the main point.
6.0 WHAT DATA AND MESSAGING SERVICES DOES AT&T OFFER?
6.1 What Are The General Terms That Apply To All Data And Messaging
Plans?
AT&T provides wireless data and messaging Services, including but not limited to, features that may be used with Data Services and wireless content and applications ("Data Services"). The absolute capacity of the wireless data network is limited; consequently, Data Services may only be used for permitted activities. Pricing and data allowances for Data Services are device dependent and based on the capabilities and capacity of each Device.
MAIN POINT
Nowhere in the agreement is there a definition of the word "unlimited" that trims it to their particular slant of "unlimited but lower speed" and the purchaser at that point has every reason the expect the common use of the term. Unlimited used in other AT&T products uses the dictionary definition or spells out their specific interpretation.
Recently there have been small claims court cases that find in favor of the limited/unlimited plaintiff. AT&T is not allowed to bring their legion of attorneys into the small claims court room. The facts are presented by both sides and a decision is made by judge or arbitrator, up to $5000.
let's examine some fine print of a different sort.
un·lim·it·ed
[uhn-lim-i-tid]
adjective
1. not limited; unrestricted; unconfined: unlimited trade.
2. boundless; infinite; vast: the unlimited skies.
3. without any qualification or exception; unconditional.
Origin:
140050; late Middle English; see un-1 , limited
Synonyms
1. unconstrained, unrestrained, unfettered.
Throttle / Verb
(transitive) To cut back on the speed of (an engine, person, organization, network connection, etc.).
(transitive) To strangle or choke someone.
(intransitive) To have the throat obstructed so as to be in danger of suffocation; to choke; to suffocate.
(intransitive) To breathe hard, as when nearly suffocated.
(transitive) To utter with breaks and interruption, in the manner of a person half suffocated.
OK, Let's take a look at the Legal Terms in my recent contract (11/2013).
Please keep in mind that i have had an unlimited plan since my first iphone (2008) and suffered through years of inadequate "unlimited" data speed and reception. My service was so bad, in fact, that I was told to get an iPhone5 and the LTE speed would meet my expectations. (Yes, actually it does, just not unlimited.)
Toward the end of section 6.1 AT&T spells out; "The absolute capacity of the wireless data network is limited" and at the same time they are selling me an "unlimited" plan. Significant, but not the main point.
6.0 WHAT DATA AND MESSAGING SERVICES DOES AT&T OFFER?
6.1 What Are The General Terms That Apply To All Data And Messaging
Plans?
AT&T provides wireless data and messaging Services, including but not limited to, features that may be used with Data Services and wireless content and applications ("Data Services"). The absolute capacity of the wireless data network is limited; consequently, Data Services may only be used for permitted activities. Pricing and data allowances for Data Services are device dependent and based on the capabilities and capacity of each Device.
MAIN POINT
Nowhere in the agreement is there a definition of the word "unlimited" that trims it to their particular slant of "unlimited but lower speed" and the purchaser at that point has every reason the expect the common use of the term. Unlimited used in other AT&T products uses the dictionary definition or spells out their specific interpretation.
Recently there have been small claims court cases that find in favor of the limited/unlimited plaintiff. AT&T is not allowed to bring their legion of attorneys into the small claims court room. The facts are presented by both sides and a decision is made by judge or arbitrator, up to $5000.
let's examine some fine print of a different sort.
un·lim·it·ed
[uhn-lim-i-tid]
adjective
1. not limited; unrestricted; unconfined: unlimited trade.
2. boundless; infinite; vast: the unlimited skies.
3. without any qualification or exception; unconditional.
Origin:
140050; late Middle English; see un-1 , limited
Synonyms
1. unconstrained, unrestrained, unfettered.
Throttle / Verb
(transitive) To cut back on the speed of (an engine, person, organization, network connection, etc.).
(transitive) To strangle or choke someone.
(intransitive) To have the throat obstructed so as to be in danger of suffocation; to choke; to suffocate.
(intransitive) To breathe hard, as when nearly suffocated.
(transitive) To utter with breaks and interruption, in the manner of a person half suffocated.