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Thread: Judge Rules Against AT&T in Data Throttling Case

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I kno this is so dumb. I've been getting those messages the past couple of months because I've been using iTunes match. I've been paying for the unlimited data for
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  1. #21
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    I kno this is so dumb. I've been getting those messages the past couple of months because I've been using iTunes match. I've been paying for the unlimited data for 4 yrs now and now they're slowing my bandwidth because I want to use iTunes match?! this is some bull I hope this decision rallies everyone up and forces AT&T change some stuff!

  2. #22
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    Quote Originally Posted by reanimationxp View Post
    Good god, you could not be more wrong. The number of bars is indicative of signal strength, which is ABSOLUTELY directly related to the achievable data rate. If it wasn't why the hell do you think they'd display it? Signal strength will be different for both 3G and Edge of course, but calls are made on Edge and only on Edge, all the time. Also, if you have Edge, you have "data". 3G is just faster data.
    Calls can, indeed, be handled by UMTS 3G in the GSM world. CDMA users are the ones restricted to 2G calling.

  3. #23
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    Quote Originally Posted by Puka1701 View Post
    Calls can, indeed, be handled by UMTS 3G in the GSM world. CDMA users are the ones restricted to 2G calling.
    +1 3G uses less compression resulting in higher quality audio. Although I can't really tell the difference lol

  4. #24
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    About time. I think we should throttle AT&T's cash flow since they are such high consumers of dollars. Easiest way to throttle is for everyone on an unlimited plan to file in small claims court. They say there are 17M users still on it, that means if everyone sued for $800, AT&T would be out $13.6B plus all those attorney's fees.

    After all, they wrote a contract saying we could not initiate a class action (something which I question if they can even do), so they have told us that we must all file in small claims!

  5. #25
    What's Jailbreak? Amillio's Avatar
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    Idk what the data speeds should be but if they throttle my data I'm going to be pissed

  6. #26
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    Yay, I put this story on member news and now its here.

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    This throttling by AR&T sucks just as much as the U-verse product (which I cancelled after one week).

    Just because I am grandfathered in on my unlimited plan I get a nasty text that my speeds will be reduced because once in three years I reached the top 5%. It's not like I am getting free access on data. I am paying $30/mo for my plan and over $200/ for my family plan. If they reduce my speeds, AT&T should reduce the cost of my total plan.

    Maybe AT&T should increase their cell towers and quick picking on us hard-working people.

  8. #28
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    I hope this goes nationwide

  9. #29
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    I hope this helps set a precedent. I left AT&T for this exact reason. If you sell an unlimited plan then you must keep it unlimited. If you bite off more than you can chew by taking on the iPhone you must suck it up.

  10. #30
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    AT&T throttled my data at 1.2 gigs. I called and apparently if I switch my data from unlimited to whatever they have now I won't get throttled. I'm not gonna dump my unlimited plan for that just thought 1.2 gigs was a little low.

  11. #31
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    Default true... however.
    Quote Originally Posted by jOnGarrett View Post
    I think AT&T and all other carriers have a right to cancel service of people who abuse their networks. its not fair to the rest of us (who pay $250 a month for 3 lines) whose service is affected by abusers.
    I don't think you are wrong at all, and this might just be me... This is a time and age where people expect a rather large amount of data. I know people like me and you can see it for what it is but a majority of the users on the network (and also the majority of those signed up for unlimited) have no clue that unlimited does not mean unlimited... this is what went wrong. simply put they should not have said unlimited. 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 how these people see it. AT&T knew this and thats why they are wrong for it.

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    That's it it has begun... Now att has to figure a new way of ripping us a new one... You know I bashed on few people when this started on how they should just use less data, I still don't condone the 50-60 GB data hogs but I've been marked at 5% with 1654MB and that's just BS!

    So my apologies to those I wronged and I'm all for all to take these idiots to court. Sometimes I wonder how they ate still in business ...

    Quote Originally Posted by unixman84 View Post
    I don't think you are wrong at all, and this might just be me... This is a time and age where people expect a rather large amount of data. I know people like me and you can see it for what it is but a majority of the users on the network (and also the majority of those signed up for unlimited) have no clue that unlimited does not mean unlimited... this is what went wrong. simply put they should not have said unlimited. 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 how these people see it. AT&T knew this and thats why they are wrong for it.
    X2 and did any one bother to ask how they figure 5% well lemme tell you, I asked and this is what I got...

    We look at data bandwidth for our costumes with in a certain mile radius, not particularly tied to that area but currently in the on a certain tower and we single out 5% where than automatic message is sent.

    So I asked - wtf happens if I drive across the state why am I still throttled than, I'm not on same tower?

    Got that dumb founded sound on the other end with "sorry sir it's just how our system works". Lmfao!!

    I think one should ask for some data usage metric , I did and got shoved around departments with no avail. This is def. just a way to get rid of unlimited plans...
    Last edited by hadzo; 02-25-2012 at 05:18 AM.
    Hit the thanks button if I helped in any way

  13. #33
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    Quote Originally Posted by Roadw3 View Post
    AT&T throttled my data at 1.2 gigs. I called and apparently if I switch my data from unlimited to whatever they have now I won't get throttled. I'm not gonna dump my unlimited plan for that just thought 1.2 gigs was a little low.
    Your just the type of user they are looking for and doing this for. You switch off and they win. Its like a gangster telling you he will make sure your not robed if you pay him a fee each month. Sad....They are going to win this and switching to Sprint isn't a option for me. I travel out of the US to often and use my phone all the time.

  14. #34
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    Got my first text that I was in top 5% and now I'm throttled. My 4S is not jb just happen to be using Pandora on my 2-hr drive to work cause cd player doesn't work. They couldn't tell me the magic data quantity that would put me in the top 5%. Moral to the story she said my quality of use of pandora would decrease cause my throttled speed. Now AT&T telling ppl the apps you got may be effected. What a load.

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    Quote Originally Posted by Acill View Post
    Your just the type of user they are looking for and doing this for. You switch off and they win. Its like a gangster telling you he will make sure your not robed if you pay him a fee each month. Sad....They are going to win this and switching to Sprint isn't a option for me. I travel out of the US to often and use my phone all the time.
    No I don't think I'm the "type" of user they are looking for. I did not switch my data plan I just wanted to know why it was throttled and how I could make it stop. I still have unlimited data, for whatever that is worth.

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    This wasn't mentioned once yet in this thread but I believe the US Government is partially to blame here when they blocked at&t from acquiring T-Mobile. From my understanding, that merger would've greatly increased at&t's data amount and speeds. Also, I'm fortunate to be living in the Bay Area where public wifi is available in numerous areas. But the fact that AT&T can amend your data speeds because you 'qualify' in the top 5% in your area/ cell tower range is bogus. I've been with AT&T for over 8 years even when it was Cingular lol

  17. #37
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    F@@@ at&t

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    Quote Originally Posted by trek-life View Post
    A faster network is promised and paid for. Period, good call by the judge
    Really? Where in the contract is this stated? Marketing != contractual agreement.

    What about all those original iPhone unlimited data plans? Will they too be throttled down to GPRS if they consume too much data over EDGE? I can easily consume over 2 GB of data over EDGE in a month streaming iheartradio and the like [on T-Mobile].

    Why don't you people read your contracts?

    The government is there to enforce contracts, not disband them. AT&T reserves the right to change their policies as they see fit, and you, the consumer, agreed to this when signing up. This is very cut and dry.

    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?

    It's not a speed issue, but a data allotment issue. While hairsplitting, they (AT&T) are still providing unlimited data. You should be lucky enough that they decided to grandfather you (in general) in; they are not required to by law.
    Last edited by Lecram25; 02-25-2012 at 09:37 AM. Reason: Added some more info.

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    Quote Originally Posted by jOnGarrett View Post
    I think AT&T and all other carriers have a right to cancel service of people who abuse their networks. its not fair to the rest of us (who pay $250 a month for 3 lines) whose service is affected by abusers.
    What's not fair is selling me something under one condition, and then changing those conditions adversely on me when the company becomes a victim of it's own success! Don't offer an unlimited plan if you are not going to honor the terms you sold it to me under...period! I understand completely where you are coming from, but they are at fault, not the people using tons of data. They should have simply said in the contract that there will be a five gig a month cap. It really is that simple. But if you sell something as unlimited, then you should have to honor the frickin contract you created and sold to me in the first place.

    And this doesn't even get to the true issue here. They are not actually going after those who are the highest actual data users...they are after the highest data users on "unlimited" plans. As of yet, I have only read about one person, ONE, who is not on an unlimited plan who got this message. And for that matter, why in the hell do they sell a "capped" plan at 2, or 3 gigs, yet throttle you before you have even reached that limit to begin with? Isn't that a kin to selling you a roll of toilet paper for the month, and then telling you that you are wiping your *** too fast, so we are taking away the last third of your roll?!

  20. #40
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    Quote Originally Posted by Lecram25 View Post
    Really? Where in the contract is this stated? Marketing != contractual agreement.

    What about all those original iPhone unlimited data plans? Will they too be throttled down to GPRS if they consume too much data over EDGE? I can easily consume over 2 GB of data over EDGE in a month streaming iheartradio and the like [on T-Mobile].

    I'm not leaving my contract because of your opinion on what is stated. False advertisement is a real thing that can be sued over. A general contract"

    Why don't you people read your contracts?

    The government is there to enforce contracts, not disband them. AT&T reserves the right to change their policies as they see fit, and you, the consumer, agreed to this when signing up. This is very cut and dry.

    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?

    It's not a speed issue, but a data allotment issue. While hairsplitting, they (AT&T) are still providing unlimited data. You should be lucky enough that they decided to grandfather you (in general) in; they are not required to by law.
    I'm not going to leave because of your opinion, so you can go ahead and leave that part out. We have a right to question what we'd like. I'm also not "lucky" that I'm getting what I paid for. Unlimited was in my contract, they honored that by continuing it, if it wasn't lucrative to do so, they wouldn't have.

    The hairsplitting in advertisement is why people chose their service, sell what you promise. How much, and why I use my phone is none of their concern, I paid for the service, that's all that the judge is looking at and should look at. Nowhere in the contract does throttling exist either, if it did, this would be a non issue.

    Don't change the game in the 9th inning, improve your service.

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