I also was not informed of a cap.
I called and complained about this cap and even wanted to speak to the legal department.
They have no clue on how to contact the legal department.
We are should be Grandfathered in:
Grandfathering
Blacks Law Dictionary defines grandfathering or a "grandfather clause" as an exception to a restriction that allows all those already doing something to continue doing it even if they would be stopped by the new restriction.
New Rules. If, for example, the board adopted a rule that pets over 50 pounds were prohibited, the board must grandfather existing oversize pets. Therefore, the owner of a 75 pound dog who resides in the development prior to the adoption of the restriction could keep the pet. However once the pet died, his next pet would have to comply with the new restriction.
Existing Rules. The same is true for existing rules. If an existing rule has not been enforced by prior boards, a new board has no choice but to grandfather existing violations and begin enforcing any new violations. If the board plans to enforce a rule that had previously been neglected, it needs to give written notice to the membership of its intentions.
Missy, the Federal Government is required to follow this even if they dont want to, The term grandfather clause in its current application refers to a legislative provision that permits an exemption based upon a preexisting condition. For example, through the application of grandfather clauses, certain prerogatives are extended to those regularly engaged in a particular profession, occupation, or business that is regulated by statute or ordinance. Such a clause might allow an individual, who has been in continuous practice in a particular profession for a specific period, to circumvent certain licensing requirements.
Or you can just read it here
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AT&T Pays Price for War on Grandfathered Unlimited Data Users [89] commentsAT&T Pays Price for War on Grandfathered Unlimited Data Users
Pays FCC $700,000 Will Refund Customers
by Karl Bode 10:42AM Wednesday Nov 07 2012
AT&T has paid a penalty for their heavy handed effort to force unlimited wireless data users on to the company's metered plans. According to the FCC consent decree, AT&T will be paying the government $700,000 and refunding consumers after pushing grandfathered unlimited data toward metered plans.
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After eliminating their unlimited data option in 2010, AT&T grandfathered those users -- though most knew the fun wouldn't last. In 2011 AT&T announced they'd start throttling wireless data customers who consumed "more than their fair share" of network data. AT&T stated that the throttling would specifically focus on just the top 5 percent of the heaviest data users in a billing period. AT&T also stated targeted users consumed 12 times more data than the average of all other smartphone users.
Whiile grandfathered users were allowed to retain their unlimited-but-throttled status, AT&T waged a quiet war on those users -- using any excuse to nudge those customers toward metered usage plans. Everyone from customers who moved to customers who used AT&T's phone insurance plans (or used their warranty) were migrated to metered billing, and the FCC says it took a year to investigate mounting complaints about the practice.
"Todays action sends a clear signal that wireless carriers cant wrongfully charge consumers," said FCC Chairman Julius Genachowski in a prepared statement -- even though the penalty once-again likely pales to the money made from the practices being punished. "These strong FCC accountability measures will ensure customers are not over-charged. I am pleased that AT&T is taking the appropriate steps to resolve this issue."
Under the agreement AT&T must complete an audit of their billing practices, and users impacted could see refunds ranging from $25 to $30 per month depending on data usage. Impacted users should be contacted by AT&T during their normal billing cycle.
Update: AT&T has provided us with the following statement on the settlement with the FCC:
quote:"The consent decree involves less than 0.03 percent of our wireless customers, who inadvertently had a monthly data plan added to their account after getting a new smartphone through a warranty or insurance exchange or after relocating.
We had already discovered and corrected the issue by Nov. 2010, and had given refunds to customers who contacted us. Based on a review of our refund process, we believe a vast majority of those customers affected by the billing error have already been made whole. But as part of the decree well be providing a bill-page notice to affected customers, offering refunds, and giving them the option to return to a data pay-per-use plan, or to have a data block applied to their phone."
If the FCC is going to nail AT&T this badly, do you think for one second they are going to allow any ISP to do the same thing they just ruled was a violation?
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