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Top five percent of AT&T smartphone usage and Bandwidth throttling
- Thread starter boredandlonely
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I don't think I'm gonna waste my time on this thread anymore with all these cry babies. I'd advise you the same. If they want to fight AT&T let them. You and I very well know they won't get anywhere.
What's annoying is that the incompetent original poster failed to do a search on this matter and now we have about 3 really long AT&T threads on here (an iPhone forum). By participating, we are only encouraging the discussion, which is something I don't want to do. I really don't want AT&T to revise this because I enjoy a stable network and knowing they could use as much as they want and cripple the network doesn't sit well with me.
I am confident that they won't get anywhere with their alleged lawsuits because it was always stated in the terms and conditions they can simply do what they want. The contract is in AT&T's favor, not the customers. But once again, there is no point in trying to convince them otherwise.
All of the contracts ("user agreements") below contain clauses that give both parties the ability to cancel (and spell out the specific terms under which they can do so). So you're saying they're all neither legal nor binding because they contain such a clause?
AT&T Wireless
Verizon Liness
Sprint
T-Mobile
DirectTV
Cox Cable
I spent a fair amount of time researching case law in terms of a service provider canceling a contract. The only thing I found was when an ETF was charged -- didn't see anything about if they cancel and don't try to charge an ETF. Do you have any examples?
I think AT&T is being very sheisty about their throttling policy, and this reflects directly on their business practices. I don't agree with how they're implementing it, but reading their contract, it looks to me like they're entitled to implement this change. You're countering, stating that based on "contract law", AT&T isn't allowed to do that. You also are posting definite statements like "If AT&T decides to cancel your contract, they would then be in breach-of-contract". You may very well be a "contract law" expert, but for folks reading this thread with a legal interest (but no specific "contract law" knowledge), you haven't posted any real information that backs up your point that AT&T is in the wrong (which is personally what I'm curious about).
In my mind, there are two broad categories of arguments going on in this thread.
You did make the active choice to remain with AT&T, despite the fact that you'd been previously informed that a change in policy was coming. That's good to know, I suppose, but not necessarily relevant depending on which camp you belong to.
There are those who argue that AT&T didn't have the legal right to do what they did, and therefore a legal recourse should be pursued to compel AT&T to rescind their change.
Then, there are those who argue that AT&T was morally wrong to impose the change, and therefore public pressure and negative publicity should be used. In this case, AT&T would presumably notice that their reputation in the court of public opinion is being irreparably damaged, and they would conclude that it would make good business sense to voluntarily rescind the change in an attempt to improve their public image.
My arguments regarding the letter of the contract have all been targeted at the former, not at the latter. My sympathies actually lie firmly in favour of those who would argue the latter point.
How have you used 4G even when throttled? I got throttled 8 days into my cycle so I have been trying to use as much data as I can.
All of the contracts ("user agreements") below contain clauses that give both parties the ability to cancel (and spell out the specific terms under which they can do so). So you're saying they're all neither legal nor binding because they contain such a clause?
AT&T Wireless
Verizon Liness
Sprint
T-Mobile
DirectTV
Cox Cable
I spent a fair amount of time researching case law in terms of a service provider canceling a contract. The only thing I found was when an ETF was charged -- didn't see anything about if they cancel and don't try to charge an ETF. Do you have any examples?
I think AT&T is being very sheisty about their throttling policy, and this reflects directly on their business practices. I don't agree with how they're implementing it, but reading their contract, it looks to me like they're entitled to implement this change. You're countering, stating that based on "contract law", AT&T isn't allowed to do that. You also are posting definite statements like "If AT&T decides to cancel your contract, they would then be in breach-of-contract". You may very well be a "contract law" expert, but for folks reading this thread with a legal interest (but no specific "contract law" knowledge), you haven't posted any real information that backs up your point that AT&T is in the wrong (which is personally what I'm curious about).
I make no declarations, I am merely stating my opinions and observations as protected under the 1st Amendment. These are discussions in an attempt to raise awareness about the current topic at hand. And since everyone seems to have a different opinion, no one person can project the direction that any one thread will proceed.
My point in initiating this thread is to encourage everybody with an Unlimited Plan to file a complaint with the FCC if they feel that they are being treated unfairly by AT&T. A representative from the FCC stated that they are VERY AWARE of the issue and offered the information contained in the very first post.
Problem is nobody knows what that 5% is and it seems to be a rolling number which att can adjust at will. That 5% will get smaller and smaller until everyone is squeezed out of unlimited plans. Notice also that those on tiered plans are not considered "abusers" since ATT charges them $10 per GB when they go over and apparently that has no ill effects on their network
But if unlimited user goes over and ATT can't make $10 of that user then label the user as bandwidth abuser and throttle him/her. PerfectWirelessly posted (Mozilla/5.0 (iPhone; CPU iPhone OS 5_0_1 like Mac OS X) AppleWebKit/534.46 (KHTML, like Gecko) Version/5.1 Mobile/9A405 Safari/7534.48.3)
Me too but having only .10 download sucks. I also have up too .50 upload which is weird. When would I use upload data?
Me too but having only .10 download sucks. I also have up too .50 upload which is weird. When would I use upload data?
I had the unlimited plan, but last night switched to the 3GB plan. Thats a lot of data for the same price as my unlimited, and I can live with 3GB, thats actually a lot of useage IMO. I am sure others will go this way too, it's a decent deal IMO.
FWIW, I have no problem with the point behind the initiation of this thread. I just thought that since you were the OP, and you were mentioning contract law and the legality of contracts with cancelation clauses, it'd be nice if you put more facts with those posts.
Why are you editing so many of your previous posts in this thread today?
Jan 21, 2012, 12:43 PM
Last edited by Vaughn Logan; Today at 11:37 AM.
Jan 28, 2012, 03:04 PM
Last edited by Vaughn Logan; Today at 11:52 AM
Yesterday, 02:31 PM
Last edited by Vaughn Logan; Today at 11:42 AM.
Yesterday, 09:42 PM
Last edited by Vaughn Logan; Today at 11:36 AM.
Today, 04:50 AM
Last edited by Vaughn Logan; Today at 11:43 AM.
Find the largest app that you can, download it on 3G. I think there's still a restriction on app size for 3G downloads, so you'll have to be jailbroken. But I'm continuously downloading, deleting, and re-downloading Infinity Blade II (1.2GB). This only works if you can keep your phone plugged in most of the day, which I can at work. If I'm going out, then I pause it. It'll drain 20%+ an hour if not plugged in.
That's the mature way to handle things! Excellent idea!
Also, thats a lot of time to devote to something so dumb....
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How dare he edit his post. You sir are dispicable
He's got a point though, it's the trail of someone who obviously needs to tweek his stance after the fact so some of what he says doesn't seem so silly
I've already submit my complaint to the FCC and talked to the AT&T rep that contacted me afterwards. It doesn't really take that much time: at 10-15kbps, it takes all day to get even halfway through the download. I just stop and restart it before going to bed so it'll download all night again. I'm just helping keep the "top 5% data users" cap in my area higher
I've already submit my complaint to the FCC and talked to the AT&T rep that contacted me afterwards. It doesn't really take that much time: at 10-15kbps, it takes all day to get even halfway through the download. I just stop and restart it before going to bed so it'll download all night again. I'm just helping keep the "top 5% data users" cap in my area higher
Well you're probably not helping anyone, and it seems like a waste of time IMO. But good luck with that, wish I could devote myself to a cause so worthless as phone data.
Good luck with that though, let us know how it turns out!
They might not get the throttling removed, but I pay for 3G and I'm not reviving 3G speeds. I'm getting edge speeds so I'm going to need them to refund me some money or something. I pay for a service that I'm currently not receiving, if it was a low 3G speed that would be fine but it's not it's edge speed or maybe even slower.
FWIW, he didn't edit "his post". He edited multiple of his old posts, with dates going back to January 21st.How dare he edit his post. You sir are dispicable
I asked him what I thought was a legitimate question about his statements regarding "cancelation clauses" (that he posted last night) and "contract law" (that he posted on the 28th). His reply was that he was exercising his first amendment right to post his opinions. Fine.
But then he goes and edits several of his older posts, completely removing the parts that I had questions about, without saying anything. And I'm despicable for asking about that?
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