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  • Judge Rules Against AT&T in Data Throttling Case



    A California judge’s ruling in small claims case could help consumers affected by AT&T’s data throttling policies.

    The Associated Press reported today Judge Russel Nadel ruled in favor of Matt Spaccarelli in Ventura Superior Court in a small claims case against AT&T. Spaccarelli argued that AT&T unfairly slowed data speeds on his iPhone 4’s unlimited data plan. Judge Nadel awarded Spaccarelli $850 in his decision against AT&T.

    Last October AT&T officially started throttling the data of the top 5% of data users and eventually made it clear that only those with unlimited data plans would be affected. AT&T used this move as a way to influence grand-fathered unlimited data users into changing to a tiered plan. AT&T has nearly 17 million customers still operating on unlimited data plans that can be throttled which is just under half of the company’s smartphone users according to the AP.

    AT&T Area Sales Manager Peter Hartlove argued in court that “his employer has the right to modify or cancel customers’ contracts if their data usage adversely affects the network.” AT&T could appeal the decision but, only released the following brief comment:

    “This is a small claims matter. We are evaluating next steps, including appeal. But at the end of the day, our contract governs our relationship with our customers.”

    Hopefully this is a small step in the right direction for consumers in the fight against throttling data use and bringing back unlimited data plans.

    Source: The AP [via 9to5Mac]
    This article was originally published in forum thread: Judge Rules Against AT&T in Data Throttling Case started by Phillip Swanson View original post
    Comments 83 Comments
    1. DickDomin's Avatar
      DickDomin -
      Quote Originally Posted by bsltiger View Post
      I like this guy.
      They did NOT grandfather us in. They made a contract with us that "as long as you have your account, you will have Unlimited data."

      They had no idea what they were signing on for. Nor did we. We knew this was a cool new phone, there were zero apps (for about 15 minutes. until someone figured out how to Jailbreak the phone and provide apps and Steve saw just like with iTunes there was money to be made {NOT BTW selling apps, but selling phones} and the App Store was born) and suddenly AT&T said Holy Shite and soon there after was born the tiered plans.

      Now unlimited means actually unlimited.
      If you throttle, you limit.

      Imagine I lease a car and they say you have unlimited mileage. and Nothing else. And you are driving 12 hours a day at 60 miles and hour 7 days a week (no kids, no family no christmas or holidays except those you take by car) 12 x 60 x 365=so you drive 262,800 miles.

      Suddenly your leasing company says unlimited mileage, but the car only operates 5 hours a day and can only go 15 miles per hour after you have driven 120 miles on any given day. So now you cover the 120 miles in 2 hours and for 3 hours you cover 45 miles. You are still allowed to drive 365 days a year. but you are only going to go 165 miles miles. which works out to 60,225.

      Now all you legal geniuses out there please explain to me how 60K=262K?

      When you throttle data you are limiting the total amount of data which is Possible to Move through that phone.
      And that BY Definition is NOT unlimited data.

      AT&T customer service reps are very nice. The actual customer service sucks. I have watched my phone (I live in a steel building so GPS cannot see me at home and I use a commercial repeater (required where I live because AT&T's signals are so weak (I am within 1.5 miles of 2 towers and 2 miles from 2 towers and 3 miles from the 5th tower (which goes down on average 2 days per week!)) I have watched AT&T throw my phone with a -92 (field test mode, forget bars children they are worthless for knowing what you cell signal is and the phone and the data are sent by different frequency, but do google Field test mode there is a way to see this data) and a 3G signal to a tower that then gives me -117 (lower number better and anything over -108 is going to drop. at -110 I cannot start a call) and E (as in Edge). I am forced to go to Airplane mode for at least 60 seconds to be dropped from the network and go out of Airplane to acquire a new signal.

      I have gone up on-line and mapped every tower AT&T has in our area. I even managed to find the live engineers here in the area and when I cannot take it anymore, I call them. And they usually let me know. (I do not rat them out to AT&T customer reps or upper level tech). As I stated I have made over 600 calls to AT&T customer service and tech support.

      One thing you all should be aware of and they should honestly tell us except I think they do not want to give dumb theives the idea, but people do go to their towers and steal copper, so towers do go down.

      Also when the "Upgrade a tower" that usually means stuff does not work well. I am an Oldtime Mac user and once was foolish enough (being at the time a power user) to go from System 6.7 to 7.0 and for a few months Well maybe a few weeks but those weeks felt like DOG YEARS!!! until Apple released 7.2.5 and things settled down. I NEVER buy a 1.0 anything I never upgrade until there is at least a x.2 or x.3.

      The shift from 3G to 4G is going to be major because Americans are not well educated (see politicians who NEED people to be stupider than Dubya, so y'all be dumb enough to elect him!). The Europeans have had 10 Mb wireless for a couple of years. But they are not trying to have Walmart experiences.

      Money does talk and the big money pays the greedy politicians to Talk a good game while making sure you get really expensive drugs which can kill you profitably.

      Has anyone looked to see IF there is a class-action suit?
    1. Lecram25's Avatar
      Lecram25 -
      Quote Originally Posted by DickDomin View Post
      Now unlimited means actually unlimited.
      If you throttle, you limit.
      When you throttle data you are limiting the total amount of data which is Possible to Move through that phone.
      And that BY Definition is NOT unlimited data.
      Unlimited what?

      You still don't get it. They are not throttling data. They are throttling speed. You still have access to all the data that you want. You are not getting charged an overage fee nor are they stopping your data entirely (100%). Remember, data isn't relative. It's an absolute. Either you get data or you don't; there's no in between.

      Your contract is for unlimited data, not unlimited speed, nor unlimited data at a guaranteed/set speed.

      The sooner you understand this, the better off you'll be.

      "If you don't like it, then leave AT&T!"

      Spoken like a true government official who will explain why They will be charging you more while giving you less, but giving themselves Pay Raises well beyond the rate of inflation.
      Business != Government.

      AT&T is a business. A business which provides a service. Just like car insurance, if you do not like what you are receiving for the money with which you pay, then leave; shop elsewhere. It's really not that hard.

      As for the government official: simply vote him or her out.

      The iPhone, and/or AT&T's service, is not a right issued to you by the constitution nor the government. So please, quit acting like it is.

      If you are in a contract and do not want to pay an ETF, then you're SOL. You (in general) should have paid better attention to the contract that you signed. You know, the part where it states AT&T can make pretty much any policy changes that they want.

      And if you're (again, in general) not in a contract and are grandfathered in but continue to pay for dismal service, then like I pointed out to the other individual: shame on you. No one is forcing you, every month, to continue to shovel out your cash to this corporation.

      Never assume something infers something else. Especially when you have to sign the dotted line. Is this how we ended up with the housing crash? Did people not understand "variable rate?" Or did they all just assume they'd have better professions in time for the rate changes?

      There is a great deal of fear in here. Fear of leaving AT&T. Fear of going to another carrier where the iPhone does not exist or is severely crippled. Fear of something different. Fear of something new.

      This is insane. Is this what the iPhone has done to people?

      I urge everyone to please practice some common sense. Or at the very least, enroll in a civics course.

      Imagine I lease a car and they say you have unlimited mileage. and Nothing else. And you are driving 12 hours a day at 60 miles and hour 7 days a week (no kids, no family no christmas or holidays except those you take by car) 12 x 60 x 365=so you drive 262,800 miles.

      Suddenly your leasing company says unlimited mileage, but the car only operates 5 hours a day and can only go 15 miles per hour after you have driven 120 miles on any given day. So now you cover the 120 miles in 2 hours and for 3 hours you cover 45 miles. You are still allowed to drive 365 days a year. but you are only going to go 165 miles miles. which works out to 60,225.

      Now all you legal geniuses out there please explain to me how 60K=262K?
      That's a terrible analogy.

      AT&T hasn't interfered with the time. They interfered with the speed.

      So for your analogy, in both scenarios, mileage continues to be constant (infinity). In scenario #2, they are simply limiting your speed (60 MPH to 15 MPH). That doesn't mean that the amount of miles you consume is limited, nor does it mean that you can only drive certain hours of the day or for a certain length of time during the day. It simply means that it will take longer (time, a variable) to reach a certain distance.

      The contract is still honored.

      Quote Originally Posted by DickDomin View Post
      They did NOT grandfather us in. They made a contract with us that "as long as you have your account, you will have Unlimited data."
      That's exactly what "grandfathered" means... Especially in context with a service that has been phased out.

      All of your other [carrier-related] concerns are legitimate and should be handled by customer service.

      As for your other issues, well, those are your issues and are completely unrelated to the article.
    1. GrecoISU's Avatar
      GrecoISU -
      Quote Originally Posted by unixman84 View Post
      If you offered me a buffet and said you can have all you want then said well i changed my mind then i would be upset too.
      This is a very good analogy, but let me expand on it.

      Restaurant offers an all-you-can-eat buffet for $30.
      I pay $30 for the buffet.
      I go through the buffet and fill up my plate, take it to the table, and eat it. I'm happy!
      I go back for a second plate but they tell me I have to wait 10 minutes to get a plate, then 10 minutes after putting each thing on my plate before going to the next item. Example: Wait 10 minutes for plate, put corn on plate, wait 10 minutes, put macaroni and cheese on plate, wait 10 minutes, ect...

      While all of this is going on someone who just paid gets their plate and walks past me in line getting their food as I wait.
    1. Moosestache's Avatar
      Moosestache -
      Quote Originally Posted by GrecoISU View Post
      This is a very good analogy, but let me expand on it.

      Restaurant offers an all-you-can-eat buffet for $30.
      I pay $30 for the buffet.
      I go through the buffet and fill up my plate, take it to the table, and eat it. I'm happy!
      I go back for a second plate but they tell me I have to wait 10 minutes to get a plate, then 10 minutes after putting each thing on my plate before going to the next item. Example: Wait 10 minutes for plate, put corn on plate, wait 10 minutes, put macaroni and cheese on plate, wait 10 minutes, ect...

      While all of this is going on someone who just paid gets their plate and walks past me in line getting their food as I wait.
      A better analogy is you can go to the all you can eat buffet, but after your first plate full of food is finished, they take that plate away and give you a little tiny plate. They tell you that you can have all you want to eat but you can only take what fits on that little tiny plate. The buffet is still all you can eat, but it takes a long long time to get food in any quantity.

      I am not really sure how much hope I would have in winning one of these cases based upon a random judge's ruling, but my guess would be, eventually it will come down to whether or not AT&T is being reasonable. If they aren't I bet they lose, if they show they are only going after big users they may win. Based on what people are posting here, I bet AT&T ends up losing but we shall see.
    1. Starbuckpga1's Avatar
      Starbuckpga1 -
      Quote Originally Posted by M3mph1s View Post
      I would LOVE to look into this further. If I could win even half that amount, it would cover the early drop fee, and a new iPhone from Sprint!
      Go for it!
    1. towboattrash34's Avatar
      towboattrash34 -
      Quote Originally Posted by Lecram25 View Post
      Unlimited what?

      You still don't get it. They are not throttling data. They are throttling speed. You still have access to all the data that you want. You are not getting charged an overage fee nor are they stopping your data entirely (100%). Remember, data isn't relative. It's an absolute. Either you get data or you don't; there's no in between.

      Your contract is for unlimited data, not unlimited speed, nor unlimited data at a guaranteed/set speed.

      The sooner you understand this, the better off you'll be.



      Business != Government.

      AT&T is a business. A business which provides a service. Just like car insurance, if you do not like what you are receiving for the money with which you pay, then leave; shop elsewhere. It's really not that hard.

      As for the government official: simply vote him or her out.

      The iPhone, and/or AT&T's service, is not a right issued to you by the constitution nor the government. So please, quit acting like it is.

      If you are in a contract and do not want to pay an ETF, then you're SOL. You (in general) should have paid better attention to the contract that you signed. You know, the part where it states AT&T can make pretty much any policy changes that they want.

      And if you're (again, in general) not in a contract and are grandfathered in but continue to pay for dismal service, then like I pointed out to the other individual: shame on you. No one is forcing you, every month, to continue to shovel out your cash to this corporation.

      Never assume something infers something else. Especially when you have to sign the dotted line. Is this how we ended up with the housing crash? Did people not understand "variable rate?" Or did they all just assume they'd have better professions in time for the rate changes?

      There is a great deal of fear in here. Fear of leaving AT&T. Fear of going to another carrier where the iPhone does not exist or is severely crippled. Fear of something different. Fear of something new.

      This is insane. Is this what the iPhone has done to people?

      I urge everyone to please practice some common sense. Or at the very least, enroll in a civics course.



      That's a terrible analogy.

      AT&T hasn't interfered with the time. They interfered with the speed.

      So for your analogy, in both scenarios, mileage continues to be constant (infinity). In scenario #2, they are simply limiting your speed (60 MPH to 15 MPH). That doesn't mean that the amount of miles you consume is limited, nor does it mean that you can only drive certain hours of the day or for a certain length of time during the day. It simply means that it will take longer (time, a variable) to reach a certain distance.

      The contract is still honored.



      That's exactly what "grandfathered" means... Especially in context with a service that has been phased out.

      All of your other [carrier-related] concerns are legitimate and should be handled by customer service.

      As for your other issues, well, those are your issues and are completely unrelated to the article.
      You don't get it !!!!! When you get throttled you can not hardly use your ph to even get online.... I pay my bills and other stuff all online... So yes there is a direct relation to it... So Mr AT&T REP go back in your hole
    1. DickDomin's Avatar
      DickDomin -
      Grandfathered in means there were no terms in a contract, but the normally accepted terms of the time were X so people who signed a contract in which X was NOT defined are given X in a ruling BY a JUDGE i.e. Grandfathered in.

      People who signed CONTRACTS which said "unlimited data" Means UNLIMITED. I know this is a difficult concept for you to understand. It means Without Limits.

      If the normal speed is 1 megabit per second and I am downloading 1 mb/s x 60 x 60 x 24=86,400 megabits a day x 30 days=2,592,000 MB or 2,592 GB and I decide to take the time to do this I am using unlimited data. What AT&T is betting is what every gym who offers you an unlimited membership that you will NOT actually use the data nor come to the gym. or the car company that says we give a 100K warranty, you will NOT keep up the service or keep your car past X miles and they also know a few folks will get a new car or get a major repair done, but all in all they will win by OFFERING you this deal. They are playing the odds.

      No one is actually using this much data but this is what unlimited data means.

      If you CUT my stream to 100KB x 60 x 60 x 24 x 30= 259,200 MB or 259 GB which we are NOT using either. However, fact is a fact when you limit speed you limit data. I cannot download unlimited data at limited speed. Just like you cannot push as much water through a 1" line as you can through a 10" line.

      That AT&T entered into a contract where a few people are really getting a great deal is tough. I have been in similar circumstances. Here is the difference.

      I kept my word. I honored my contract.

      AT&T feels because they made a bad contract they should get to change the terms.

      SO, if I bought a house and the mortgage is too high to I get to Throttle my payments?
      Oh they will get their money, just rather than paying $1,000 a month I am going to throttle the Speed of the money to $100 a month. And I will instead of paying this off in 30 years will just take 300.

      Can I throttle my Payments to AT&T? I am not throttling the total amount of money just the SPEED at which I pay for it.

      Do I get to keep my house?
      Can I keep my phone?

      No.

      Contracts are contracts and AT&T entered into a contract which they do not like. Now they are trying to change the terms of that contract after the fact.

      A judge has ruled that speed and amount of data have a relationship to one another.

      Do you think I can get the same amount of data on a 14k dial up connection and a T1?

      Do I appreciate this is difficult for AT&T? Yes and No.

      AT&T made more than 20 billion in PROFIT. Millions of new customers bought millions of iPhones and data plans and accessories. AT&T made money. AT&T continues to make money. They re testing the waters of how far can we 'cheat' on a contract.

      They have taken some write downs which most of you will not be able to take.

      But they would like 30 billion or 50 billion.
      They would like to be able to charge you for cell service and not give you any at all if they could. And frequently DO.

      Do you see AT&T tracking how often you have a dropped call or poor signal or a tower go down? and take that off your bill? No.

      Why do you think the judge ruled the way he did in the case. He did so because he was following case and contract law. And there are millions of cases and contracts to pull from.

      I know the concept of unlimited is difficult for you to conceive of so let me put it into terms you might relate to in 'real life'.

      You can have unlimited air. But I am going to put a rope around your neck to cut down the 'speed' with which you get that air.

      When you have sufficient 'oxygen debt', you will die.

      But your honor. He had unlimited air. I was only restricting the speed at which he could breath it. I did not kill him. He killed himself by using too much air inside his body.

      I suspect AT&T will survive those of us who use unlimited data at higher rates than the average guy and they have new customers who buy data at higher rates. This type of business has gone on forever in the world. This is business. At some point someone at AT&T said, "Let's offer them unlimited data." They did not have to offer this, but once they SIGNED a CONTRACT to give UNLIMITED data, they committed under the law to deliver exactly that. Limiting the speed would limit the data.

      Just like that old guy you see driving a very old car. Car companies are NOT making money on him. They are playing the odds that most people will NOT drive the same car for 50 years.

      Anyone who thinks that limiting speed does not limit data, does not understand simple physics.
    1. Lecram25's Avatar
      Lecram25 -
      Quote Originally Posted by towboattrash34 View Post
      You don't get it !!!!! When you get throttled you can not hardly use your ph to even get online.... I pay my bills and other stuff all online... So yes there is a direct relation to it... So Mr AT&T REP go back in your hole
      Maybe you should try reading my posts before making that assumption. "AT&T REP," lol.

      Come back in a few years and reread your post. Your data is unlimited and that's it.


      Quote Originally Posted by DickDomin View Post
      Grandfathered in means there were no terms in a contract, but the normally accepted terms of the time were X so people who signed a contract in which X was NOT defined are given X in a ruling BY a JUDGE i.e. Grandfathered in.

      People who signed CONTRACTS which said "unlimited data" Means UNLIMITED. I know this is a difficult concept for you to understand. It means Without Limits.

      If the normal speed is 1 megabit per second and I am downloading 1 mb/s x 60 x 60 x 24=86,400 megabits a day x 30 days=2,592,000 MB or 2,592 GB and I decide to take the time to do this I am using unlimited data. What AT&T is betting is what every gym who offers you an unlimited membership that you will NOT actually use the data nor come to the gym. or the car company that says we give a 100K warranty, you will NOT keep up the service or keep your car past X miles and they also know a few folks will get a new car or get a major repair done, but all in all they will win by OFFERING you this deal. They are playing the odds.

      No one is actually using this much data but this is what unlimited data means.

      If you CUT my stream to 100KB x 60 x 60 x 24 x 30= 259,200 MB or 259 GB which we are NOT using either. However, fact is a fact when you limit speed you limit data. I cannot download unlimited data at limited speed. Just like you cannot push as much water through a 1" line as you can through a 10" line.

      That AT&T entered into a contract where a few people are really getting a great deal is tough. I have been in similar circumstances. Here is the difference.

      I kept my word. I honored my contract.

      AT&T feels because they made a bad contract they should get to change the terms.

      SO, if I bought a house and the mortgage is too high to I get to Throttle my payments?
      Oh they will get their money, just rather than paying $1,000 a month I am going to throttle the Speed of the money to $100 a month. And I will instead of paying this off in 30 years will just take 300.

      Can I throttle my Payments to AT&T? I am not throttling the total amount of money just the SPEED at which I pay for it.

      Do I get to keep my house?
      Can I keep my phone?

      No.

      Contracts are contracts and AT&T entered into a contract which they do not like. Now they are trying to change the terms of that contract after the fact.

      A judge has ruled that speed and amount of data have a relationship to one another.

      Do you think I can get the same amount of data on a 14k dial up connection and a T1?

      Do I appreciate this is difficult for AT&T? Yes and No.

      AT&T made more than 20 billion in PROFIT. Millions of new customers bought millions of iPhones and data plans and accessories. AT&T made money. AT&T continues to make money. They re testing the waters of how far can we 'cheat' on a contract.

      They have taken some write downs which most of you will not be able to take.

      But they would like 30 billion or 50 billion.
      They would like to be able to charge you for cell service and not give you any at all if they could. And frequently DO.

      Do you see AT&T tracking how often you have a dropped call or poor signal or a tower go down? and take that off your bill? No.

      Why do you think the judge ruled the way he did in the case. He did so because he was following case and contract law. And there are millions of cases and contracts to pull from.

      I know the concept of unlimited is difficult for you to conceive of so let me put it into terms you might relate to in 'real life'.

      You can have unlimited air. But I am going to put a rope around your neck to cut down the 'speed' with which you get that air.

      When you have sufficient 'oxygen debt', you will die.

      But your honor. He had unlimited air. I was only restricting the speed at which he could breath it. I did not kill him. He killed himself by using too much air inside his body.

      I suspect AT&T will survive those of us who use unlimited data at higher rates than the average guy and they have new customers who buy data at higher rates. This type of business has gone on forever in the world. This is business. At some point someone at AT&T said, "Let's offer them unlimited data." They did not have to offer this, but once they SIGNED a CONTRACT to give UNLIMITED data, they committed under the law to deliver exactly that. Limiting the speed would limit the data.

      Just like that old guy you see driving a very old car. Car companies are NOT making money on him. They are playing the odds that most people will NOT drive the same car for 50 years.

      Anyone who thinks that limiting speed does not limit data, does not understand simple physics.
      Wow you are all over the place.

      Yes, speed and data [and time] obviously have a relationship. The contract that you signed, however, only stipulates data. Maybe you should have negotiated speed? There is a very good reason why speed wasn't negotiated: it cannot be guaranteed. A carrier cannot guarantee X amount of speed all the time. It's impossible to guarantee and they'd be in and out of court if they did. They can guarantee limitless data, which continues to be honored.

      How much money AT&T makes is absolutely irrelevant. You're whining about things that are inconsequential. I guess your argument is they should be taking these billions in profits and "fix" their network? Increase the capacity so that you and others can enjoy your unlimited data at "fast" speeds? Obviously this isn't being done and everyone has known about this for years now.

      AT&T is not in the business of pleasing you. They are in it for their shareholders. They've made this very clear. Yet you continue to belabor this point with superfluous analogies and your perception of what "unlimited data" means as if to effect change.

      As for that judge: AT&T will win their appeal.

      Do you think I can get the same amount of data on a 14k dial up connection and a T1?
      Is that a trick question? The clear answer is yes. To clarify, it will just take more time to get X amount of data. Please stop and, again, practice some common sense.

      Anyone who thinks that limiting speed does not limit data, does not understand simple physics.
      LOL I really don't think you understand physics, or even mathematics.

      Let's take the equation for speed (or velocity): speed = distance / time. Essentially, "distance" would be your "data." Solving for "data" yields the following equation: data = speed * time. Your unlimited data has become a factor of speed and time. Instead of an infinite amount of data, we'll set an allocation of "150" (bytes, kilobytes, megabytes, whatever you choose) for this experiment. Let's also set the speed to a constant variable of "75" (in the real world, this would change because speed cannot be guaranteed). Therefore, it would take you "2" (seconds, minutes, hours, whatever you choose) when solving for time to reach this data limit of "150."

      Now let's adjust the speed and throttle (limit) it down to "5." Again, now solving for time yields "30" (seconds, minutes, hours, whatever unit you choose). "Data" hasn't changed one single bit. I cannot make this any more elementary than this.

      Please review mathematics and physics.

      Quote Originally Posted by Lecram25 View Post
      Again, if you don't like it, then leave. That sends more of a message to AT&T. Even more than litigation. Once lawyers get involved, expect to see some serious contract/policy changes across the board. Then what will you take them to court for?
      I must have been talking out of my aŝŝ on this one: AT&T announces throttling changes, now kicks in at 3GB or 5GB for LTE -- Engadget

      Data Usage Information & FAQs from AT&T

      Whether you like it nor not, you are entitled to your opinions but you are not entitled to the facts.
    1. DickDomin's Avatar
      DickDomin -
      Quote Originally Posted by Lecram25 View Post
      Maybe you should try reading my posts before making that assumption. "AT&T REP," lol.

      Come back in a few years and reread your post. Your data is unlimited and that's it.


      Yes, speed and data [and time] obviously have a relationship. The contract that you signed, however, only stipulates data. Maybe you should have negotiated speed?



      Let's take the equation for speed (or velocity): speed = distance / time. Essentially, "distance" would be your "data." Solving for "data" yields the following equation: data = speed * time. Your unlimited data has become a factor of speed and time. Instead of an infinite amount of data, we'll set an allocation of "150" (bytes, kilobytes, megabytes, whatever you choose) for this experiment. Let's also set the speed to a constant variable of "75" (in the real world, this would change because speed cannot be guaranteed). Therefore, it would take you "2" (seconds, minutes, hours, whatever you choose) when solving for time to reach this data limit of "150."

      Now let's adjust the speed and throttle (limit) it down to "5." Again, now solving for time yields "30" (seconds, minutes, hours, whatever unit you choose). "Data" hasn't changed one single bit. I cannot make this any more elementary than this.

      Please review mathematics and physics.

      .
      So when you cannot live because the "speed at which you can take in the Unlimited air" is a legitimate defense!
    1. hadzo's Avatar
      hadzo -
      @Lecram25 - your equations are correct in terms of physics but I think what you will find most of us pissed about is the fact that 3GB these day and age is nothing and yet ATT makes it sound like as if their system is crippled by it. My problem is... well yes I thought unlimited meant unlimited but whatever... the real problem is that they are not throttling when the system get a bit over loaded instead when you reach certain data cap. That's where the unlimited comes into affect. To me I can not see it any other way. Its flat out BS!
    1. nickmidd's Avatar
      nickmidd -
      This is ****** up for one thing AT&T does not want oner there unlimited plain for anyone ruffle I as there customer use 6gb of data a day. The resin for doing this is I am lessening to music all the time will working. They do not have wifi there. So this should not allowed what the **** I can't wen load any apples when on there network because of this . This is just ********.
    1. hadzo's Avatar
      hadzo -
      Quote Originally Posted by nickmidd View Post
      This is ****** up for one thing AT&T does not want oner there unlimited plain for anyone ruffle I as there customer use 6gb of data a day. The resin for doing this is I am lessening to music all the time will working. They do not have wifi there. So this should not allowed what the **** I can't wen load any apples when on there network because of this . This is just ********.
      Did you just say 6GB per day

      Now I know I definitely am not 5% user.

      I do an average 4-5GB per month and for the past few month average around 3.5GB per month.

      I gotta say bro 6GB per day is crazy...!
    1. nickmidd's Avatar
      nickmidd -
      Ya that's what my parents told me I use because they checked it out. Plus I've had unlimited data plain sense I got my iPhone 3GS in June 2010. What I'm teed off is that they let me use the network like this up in till January. If the people have unlimited data plain they should oner it. I pay my bill in full every month it is do why penalize me when I've Ben a good custamer.
    1. hadzo's Avatar
      hadzo -
      Still bro 6GB per day is just crazy...
    1. nickmidd's Avatar
      nickmidd -
      I do not know how I'm using 6gb but could it be that I listen to Internet radio every day on my iPhone that's hardly all I do with it?
    1. Lecram25's Avatar
      Lecram25 -
      Quote Originally Posted by DickDomin View Post
      So when you cannot live because the "speed at which you can take in the Unlimited air" is a legitimate defense!
      Really? Like really?

      That's not a legitimate defense because you don't need data to live and AT&T isn't the only data provider. You also don't pay for air.

      Just give it up. You're being ridiculous!

      Quote Originally Posted by hadzo View Post
      @Lecram25 - your equations are correct in terms of physics but I think what you will find most of us pissed about is the fact that 3GB these day and age is nothing and yet ATT makes it sound like as if their system is crippled by it. My problem is... well yes I thought unlimited meant unlimited but whatever... the real problem is that they are not throttling when the system get a bit over loaded instead when you reach certain data cap. That's where the unlimited comes into affect. To me I can not see it any other way. Its flat out BS!
      AT&T has all the right in the world to do what they're doing. Do I agree with them? No.

      I've never been an AT&T customer and I never will be based on their practices in the past. And I've had wireless service for well over a decade.

      I've reviewed their plans and what they offer and I was never impressed. This kind of stunt doesn't surprise me one bit.

      Would I be pissed? Yes. But I wouldn't continue the evil cycle.

      I've outlined your (all affected) options WRT to AT&T.

      Continuing to pay them for service and whining on online forums doesn't do much. Nor does attempting to take them to court (we saw where that went).

      And no, a class action lawsuit will not work. You (all contract signees) agreed to be bound by the arbitration requirement upon signing your contract. In layman's terms: You signed the dotted line, declining your right to participate in a class action lawsuit.
    1. hadzo's Avatar
      hadzo -
      I do not know how I'm using 6gb but could it be that I listen to Internet radio every day on my iPhone that's hardly all I do with it?
      6GB per day... you could do it by downloading movies or streaming... but you'd have to download/stream around 20 or so per day. An average movie is around 300MB so 10=3GB.

      AT&T has all the right in the world to do what they're doing. Do I agree with them? No.

      I've never been an AT&T customer and I never will be based on their practices in the past. And I've had wireless service for well over a decade.

      I've reviewed their plans and what they offer and I was never impressed. This kind of stunt doesn't surprise me one bit.

      Would I be pissed? Yes. But I wouldn't continue the evil cycle.

      I've outlined your (all affected) options WRT to AT&T.

      Continuing to pay them for service and whining on online forums doesn't do much. Nor does attempting to take them to court (we saw where that went).

      And no, a class action lawsuit will not work. You (all contract signees) agreed to be bound by the arbitration requirement upon signing your contract. In layman's terms: You signed the dotted line, declining your right to participate in a class action lawsuit.
      Agreed.

      We just need a place to vent out I guess lol

      I would gladly leave them but they want to stick me with ETF so waiting for that to go lower or hoping for some change.
    1. dadoria2's Avatar
      dadoria2 -
      I tried using apps at less than edge speed and noticed that if you have 3g unrestrictor or my 3G. It gives you pretty decent download speeds. I've even watched Netflix using edge because of this. Just jailbreak and grab those apps and once you're throttled turn them on or just keep them on all the time. I also believe that one major reason art would lose in court is that with the capped plans data doesn't slow down when they reach the limit. They jurist get charged and overage. People have unlimited plans to avoid such overage. So the idea is that if u can still use data at the same speed on a capped plan without crippling the network, why am I being limited on an unlimited plan just because u can't charge me an overage. It's kinda biased if u ask me. We got the unlined plan for that very reason. We were also required to have unlimited data even when there was no 3G coverage and edge was unusable. So now that we can use 3G to its fullest they want to retaliate against us. Total bs.
    1. iamse7en's Avatar
      iamse7en -
      Quote Originally Posted by dadoria2 View Post
      I tried using apps at less than edge speed and noticed that if you have 3g unrestrictor or my 3G. It gives you pretty decent download speeds. I've even watched Netflix using edge because of this. Just jailbreak and grab those apps and once you're throttled turn them on or just keep them on all the time. I also believe that one major reason art would lose in court is that with the capped plans data doesn't slow down when they reach the limit. They jurist get charged and overage. People have unlimited plans to avoid such overage. So the idea is that if u can still use data at the same speed on a capped plan without crippling the network, why am I being limited on an unlimited plan just because u can't charge me an overage. It's kinda biased if u ask me. We got the unlined plan for that very reason. We were also required to have unlimited data even when there was no 3G coverage and edge was unusable. So now that we can use 3G to its fullest they want to retaliate against us. Total bs.
      Can anyone else confirm that 3G Unrestrictor can bypass AT&T's throttling? This doesn't seem possible.
    1. dadoria2's Avatar
      dadoria2 -
      Quote Originally Posted by iamse7en View Post
      Can anyone else confirm that 3G Unrestrictor can bypass AT&T's throttling? This doesn't seem possible.
      I never said it bypasses AT&T's throttling. I said it unrestricts the flow of data that cellular companies impose on each standard. That's why you can make FaceTime calls on 3G and also why YouTube videos show in hd quality when unrestricted with those apps. It essentially makes your phone believe its on wifi and thus receives data as if your phone was a wifi card as opposed to a mobile phone. Idk if I'm explaining it well. Just try it.