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  • Petition Asking AT&T to Change Unlimited Data Throttling Policy Gaining Steam



    The movement to curb AT&Tís throttling is gaining steam.

    A man won an $850 ruling against AT&T in small claims court last week, and the man who helped represent him even posted a nice guide on how to levy your own small claims suit against AT&T. Now, Jane Foody, a physical therapist and AT&T unlimited data customer has started a petition on Change.org.

    As of this story 57,413 people have signed the petition below:

    Stop throttling the data speeds on plans with unlimited data!
    Greetings,
    I just signed the following petition addressed to: AT&T.

    ----------------
    Stop throttling the data speeds on plans with unlimited data!

    Dear Mr. Stephenson,

    I demand that you immediately stop throttling the data of customers with unlimited data subscriptions. Customers retained unlimited plans because they were promised unlimited data. Slowing their download speeds by up to 99% effectively prevents mobile internet users from using their mobile devices for anything but the most basic of uses.

    Your data throttling, which takes place without due process, clearly violates the spirit of the agreement your customers entered with you. Even worse, in many cases it appears that customers have received warnings for using too much data when using 2 - 3 gigabytes of data per month -- as much as the two tiered data plans AT&T now offers. AT&T has proven itself to be a bad-faith actor with respect to its customers again and again.

    It's galling that in the face of criticism for this policy, AT&T has repeatedly blamed its customers for using too much data! Instead AT&T should look at its persistent failure to invest sufficiently in its own networks while selling data plans for which it couldn't provide adequate service. In fact, your company just threw away $3 billion it could have used for network expansion on a failed attempt to buy T-Mobile.

    If the public is to have faith in your word as a company and as a brand, it is imperative that you stop throttling customers' data on unlimited plans today.

    Sincerely,

    [Your name]
    AT&T after the petition began to circulate responded by confirming that unlimited data users had data use capped at 3GB of use a month, after which their usage speeds would be greatly reduced. This means that unlimited data users are effectively paying $30/month for a 3GB data plan.

    Sign the petition, file your own lawsuit, do what you feel inclined to do. Maybe if enough people make enough noise AT&T will actually act like it appreciates its customers for once.

    Click here to sign the petition.

    *Thanks to Jane Foody for her cooperation and her fiance Jimm Cobb for the tip. More info and interviews to come soon*
    This article was originally published in forum thread: Petition Asking AT&T to Change Unlimited Data Throttling Policy Gaining Steam started by Phillip Swanson View original post
    Comments 44 Comments
    1. hadzo's Avatar
      hadzo -
      I got throttled last month after using only 1.5 within 14 days of my cycle. So there claim is bull!!

      Hopefully they do something about this
      They just announce this month that the new cap is at 3GB
    1. vantheman169's Avatar
      vantheman169 -
      Quote Originally Posted by DaLsim View Post
      Tooo bad, i don't have unlimited plan. Or else i would sign the petittion...
      Who cares, sign it anyways...takes 10 seconds.

      I CANNOT BELIEVE THE PEOPLE ON THIS PAGE STICKING UP FOR AT&T, A BIG CORPORATION RAPING IT'S CUSTOMERS AND STAND BY AND ACT LIKE IT IS OK. WTF IS WRONG WITH THIS COUNTRY??? Sorry for the caps but this angers me.
    1. jwil736's Avatar
      jwil736 -
      I've used 6 GB so far in 2 weeks, I have yet to be throttled this month. Last month and the month before I was throttled at about 4 GB.
      The fact remains that I pay for 3G service on my 3G phone, after being throttled I am at edge speeds. If I wanted edge, I would go to Tmobile on my iPhone. I pay a premium price for "premium" service and should be able to use it to its full capabilities.
      What about when the next iPhone comes out for LTE? Are they going to cap that as well? If so I will not be sticking with AT&T because I can go to sprint without being capped.
    1. onebad7's Avatar
      onebad7 -
      AT&T revoked my unlimited forced me to diff plan with out my permission with accusations that I was tethering which I'm all honesty I wasn't .. Now on a 4 gig plan that is being throttled at less then 2 gigs .... JUNK !!!!! AT&T BLOWS *** !!
    1. ziim's Avatar
      ziim -
      My wife just got a top 5% warning on March 2nd. We have never received a warning before. We looked at her data and she was a 2gigs. How is that top 5%?
    1. jwil736's Avatar
      jwil736 -
      Quote Originally Posted by ziim View Post
      My wife just got a top 5% warning on March 2nd. We have never received a warning before. We looked at her data and she was a 2gigs. How is that top 5%?
      It goes off of average data usage in your area.
    1. tbare83's Avatar
      tbare83 -
      Wellp, here goes any chance of keeping the grandfathered plan for too much longer...

      I'm jus waiting for AT&T to say "screw you guys... We don't offer it anymore. Change to the 3GB plan and pay overages." like Verizon did when they stopped their unlimited plan...
    1. cmwade77's Avatar
      cmwade77 -
      Quote Originally Posted by okiedokieiguess View Post
      I am completely against AT&T throttling data but technically didn't you unlimited data users only sign into a 2 year agreement with them? So if you are no longer under contract aren't they allowed change the terms as they are not legally bound to you and you are not bound to them. If you are unhappy with your data being capped or slowed then head over to Sprint for unlimited data without throttling!
      Because most states require cell phone providers to honor a plan that a customer signs up for, unless the CUSTOMER makes a change to the plan. This means that in those states AT&T is NOT allowed to make a change.

      Also, throttling after 3GB does not equal unlimited (as this is defined as without restrictions), yes, you can still use the data, but it is in a limited fashion (with restrictions) and this does not equal unlimited.
    1. sziklassy's Avatar
      sziklassy -
      I hope people realize that AT BEST they will be able to just get out of their contract without paying an ETF. If ATT is leveraged enough they will get rid of unlimited alltogether, slap everyone on the $30 for 3GB and give them an option within 30-90 days to get out of their contracts scott free.
    1. atorres062's Avatar
      atorres062 -
      Quote Originally Posted by 1shuttle1 View Post
      Just got my first message. It said I was in the top 5%. I think is was just a friendly reminder reminding me that my two year agreement is up in June(Thanks Apple for making the 4S not as appealing as your other updates). So I think AT$T is doing me a great service by letting me know that it's time to move on and not have to deal with the dropped calls everyday. I have only used their crap service because of the unlimited data. If that's gone, why stay?

      And for the guy(Lets call him Mr. Obvious) that works undercover for AT$T who keeps pointing out the TOS agreement. We all know that already. So enough already. It's a forum to speak our minds and vent our frustrations.

      EXACTLY! This is why I'm heading out to Verizon next week, I know I'll lose my unlimited data package BUT at least I'll have 4G and BETTER SERVICE. Besides Verizon has double the data packages right now & good deals on other phones, I'm ready to try something different.
    1. Je5's Avatar
      Je5 -
      Yeah I used to work there up till last week and there are so many people getting slammed and they don't even know it
    1. thetoothfairy's Avatar
      thetoothfairy -
      With no hesitations I signed it and shared it on my fb page.
    1. Crazyj29's Avatar
      Crazyj29 -
      Quote Originally Posted by Orby View Post
      Need I remind all AT&T customers: you agreed to this.

      Section 6.2 of the Wireless Customer Agreement:


      Also it's fun to note AT&T reserves the right to screen and delete anything sent over their network. Section 4.1 of the Wireless Customer Agreement:


      Plus I suspect AT&T's staff of very well-paid lawyers will use the same definition of "unlimited" that Cer0 is: "unlimited" meaning internet access without a hard-capped data usage measured in bytes--no warranties were made as to how fast you would be allowed to access that data at any time.

      Best of luck to y'all.
      Gee that's pretty smart of you. If that's the case then explain how this other guy got his suit through. Apparently it's doable.
    1. CZroe's Avatar
      CZroe -
      I just lost significant amounts of money by being unable to live-blog the Apple iPad 3 event. I received my first data usage warning last month at around 5,100MB and was instructed to restrain my usage to avoid throttling. I should not have had to, but I did and managed to stay at around 3,000MB before the event. Only days before the event, you updated your policy to throttle me at 3GB instead or whatever "top 5%" metric you were using one month prior. Another 2,000MB of expected usage was suddenly not available to me. I strongly believe it is dishonest to compare an unlimited user's data consumption to "all" smartphone users, when it stands to reason that an unlimited user continued paying more all along because they expected to and *should*. You only raised the tiered data plans to match the amount I paid, eliminating the cost difference, two weeks before I got my first notice (last month). I can now get a Walmart-exclusive T-Mobile data plan with 5GB of HSPA+ data for $30 a month. That includes voice, unlimited text, AND as much data as I expected in this billing cycle before you screwed me. I will be selling my phone and abandoning your service as soon as possible if nothing changes.
      My message is "too short" according to MMi (yes, I know it's because I used quote tags). *roll eyes*
    1. BustAGroove's Avatar
      BustAGroove -
      A few weeks ago, I filed a complaint with FCC on 02/28/12.
    1. towboattrash34's Avatar
      towboattrash34 -
      Quote Originally Posted by Cer0 View Post
      Well not technically because you can still use as much data as you want; just at a slower pace.
      No you can't... once throttled you can not hardly open a webpage/yahoo... So it is directly related....
    1. DJStile's Avatar
      DJStile -
      Quote Originally Posted by Orby View Post
      Need I remind all AT&T customers: you agreed to this.

      Section 6.2 of the Wireless Customer Agreement:


      Also it's fun to note AT&T reserves the right to screen and delete anything sent over their network. Section 4.1 of the Wireless Customer Agreement:


      Plus I suspect AT&T's staff of very well-paid lawyers will use the same definition of "unlimited" that Cer0 is: "unlimited" meaning internet access without a hard-capped data usage measured in bytes--no warranties were made as to how fast you would be allowed to access that data at any time.

      Best of luck to y'all.
      Most of this doesn't matter. If a contract is too one sided and ESPECIALLY if the side getting screwed is a layman (i.e non-attorney or business/corporation), it is considered a "contract of adhesion." Basically if the contract gives one party no ability to negotiate because of their unequal bargaining position, it is a contract of adhesion and in most states, the contract is then invalid.

      Anyone could walk into almost any small claims type trial with their contract in hand and letter from AT&T and win a small claims suit against AT&T if they're data was throttled.
    1. Cer0's Avatar
      Cer0 -
      Quote Originally Posted by 1shuttle1 View Post
      And for the guy(Lets call him Mr. Obvious) that works undercover for AT$T who keeps pointing out the TOS agreement. We all know that already. So enough already. It's a forum to speak our minds and vent our frustrations.

      Think your judging books by covers is a little off there. I work in the bank processing industry. (Which is listed in the Meet the Staff threads I think)

      Yes it is a forum to express our minds and thoughts. So the same respect should be done for everyone even if they don't agree with your paticular opinion. I had no intended ill tones in what I said at all and I just expressed my opinion on the subject as you did.


      Quote Originally Posted by done1234 View Post
      But any way I'm glad you find it amusing that companies can change or word contracts to screw over the customer. Really I believe you are just one to find arguments to fight by surfing comments (CNN comments surfer), why would you try to protect a company that is really not doing it the correct way (if your going to take something away from your customer, give a discount or let users out of the contract for free).
      CNN comment surfer that is a new one; need to take that one down for future. I am not trying to protect any company. I am just saying we all signed and agreed to terms of service. We do it all the time on many different things we do in life. Just a straight question: do you read everything you sign? All contracts you sign have these same in-and-outs in them. This is not a new practice on terms of services.

      As sziklassy said in the quote below is most likely what will happen out of this petition and lawsuits. And the one lawsuit that has been won is going to be appealed by ATT as they have came out and said already. Best of luck to those looking with this but most companies are pretty covered when it comes to TOS because it goes through their many lawyers first before they put it out there.

      [
      Quote Originally Posted by sziklassy View Post
      I hope people realize that AT BEST they will be able to just get out of their contract without paying an ETF. If ATT is leveraged enough they will get rid of unlimited alltogether, slap everyone on the $30 for 3GB and give them an option within 30-90 days to get out of their contracts scott free.
    1. icedming's Avatar
      icedming -
      Just hit 3gigs. It's going to be running pandora all day an night until the next billing period. As a parent if you tell your child that you are going to give them something because you are expecting a bonus and then you do not receive the bonus. What do you do? Suck it up and deal with it. You give what you promised. That's called being a good person. AT&T employees not so much. All of them. If you associate with communism you are communism.
    1. Pepsolman's Avatar
      Pepsolman -
      What idiots don't get:

      Throttled speed = less data obtained in a certain amount of time = limited.

      When your speed is throttled, the amount of data you use is curbed.

      Unlimited Data = an infinite amount of data that can be obtained in an inmessureable amount of time.

      If that time is restrained to a limit (be it by speed or data amount), it therefor becomes a measurable variable and a determined amount within a specified time frame. Then it no longer constitutes itself as "unlimited".

      Also, if they are throttling unlimited data plans at 3gb, I can purchase a 3gb plan for $30 and claim that I have an unlimited data plan according to AT&T's data policy and agreement.

      There should be "no limits" to an unlimited agreement.