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Politicians Probe AT&T Over Phantom Mobile Data Charges
Senators Klobuchar, Kohl Raise Questions of Meter Accuracy
by Karl Bode Friday 27-May-2011 tags: business · wireless · bandwidth · consumers · AT&T · wireless
A lawsuit filed earlier this year accuses AT&T of over-billing for wireless data, the lead attorney in the case making the media rounds last week accusing AT&T of operating a "rigged gas pump." The lawyers behind the case say they spent more than $80,000 on tests that prove AT&T systematically overbills all users for wireless data anywhere between 7 and 300%, though AT&T denies the allegations and insists the problem is applications that covertly consume data overnight. The lawsuit has since gotten the attention of U.S. Senators Amy Klobuchar and Herb Kohl, who this week sent AT&T a letter asking them to explain the extra charges. The case is of particular note given AT&T's new DSL caps and dubious meters, and their effort to eliminate the consumer right to participate in class actions just like this one using contract fine print. The case also again highlights the fact that there's no regulatory authority confirming that ISP meters (wireless or landline) are accurate.

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Cobra11M

join:2010-12-23

lol

Haha, AT&T finally they are goin after this corporation. AT&T worst fears are real regulated meters and once when congress see's that AT&T has been lying about the capacity it will be funny, but not to get off topic AT&T's usage meters are off, and even if you dont have anything open for the whole month it use's data or so it says you do.., I wonder what AT&T's excuse is gonna be to get out of this one?

cowboyro

join:2000-10-11
Shelton, CT
Reviews:
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Re: lol

A device connected to the network can "use" data even if all applications are "off".
Consider a computer in "standby" where the network link is still up - data may flow TO the computer - even if the computer doesn't process it (think Layer 2)
It all depends on the layer level at which data metering is made.
InvalidError

join:2008-02-03
kudos:5

Re: lol

Reminds me of a story a year or two ago about a couple who raked up a few thousand dollars worth of data roaming charges even though their phones were "turned off" because their phones were periodically waking up to check mail.

With the amount of stuff devices and applications do in the background that users do not know about, the correlation between what you know you have done and what is happening in the background can be (much) weaker than expected.

BF69
Premium
join:2004-07-28
Camden, TN
said by cowboyro:

A device connected to the network can "use" data even if all applications are "off".
Consider a computer in "standby" where the network link is still up - data may flow TO the computer - even if the computer doesn't process it (think Layer 2)
It all depends on the layer level at which data metering is made.

Sorry that data shouldn't count.

cowboyro

join:2000-10-11
Shelton, CT
Reviews:
·AT&T U-Verse

Re: lol

said by BF69:

said by cowboyro:

A device connected to the network can "use" data even if all applications are "off".
Consider a computer in "standby" where the network link is still up - data may flow TO the computer - even if the computer doesn't process it (think Layer 2)
It all depends on the layer level at which data metering is made.

Sorry that data shouldn't count.

Shouldn't vs it counts.
"Good... bad... I'm the guy with the gun meter..."

Rob
In Deo speramus, God Bless the USA
Premium
join:2001-08-25
Kendall, FL
kudos:2
said by Cobra11M:

I wonder what AT&T's excuse is gonna be to get out of this one?

Not an excuse, but more of a question..

"Was the donation we made to your campaigns not enough?"
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flbas1

join:2010-02-03
Fort Lauderdale, FL
Reviews:
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Re: lol

someone says, "let them investigate us. That way, when they approve our merger, we can say that they already investigated our business practices and found them superior to anyone else. finally, when we get around to raising prices and lowering service levels, we can blame it all on TMO substandard practices."
nutcr0cker

join:2003-04-02
Chandler, AZ
kudos:2
You have too much Trust in the CONgress. These are bunch of thug low life politicians we are talking about not some regular crooks.

ScrewedByAll

@verizon.net
Once AT&T pays them off the whole thing will disappear. Just two senators who didn't get enought AT&T money for their last campaign.
Mr Matt

join:2008-01-29
Eustis, FL
kudos:1
Reviews:
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Subscribers have no way of telling how much data downloaded!

Charging for usage is fraud unless subscribers have a way of determining how much data has been downloaded by each application and the operating system on a computer without the users knowledge or permission. Each program should be provided with a GUI where the user can determine how much background data the application has downloaded each month. Charging for usage should be declared illegal until all and I mean all software installed on an internet enabled device that download or upload data to the internet without the users knowledge or permission. How much data has been downloaded by doubleclick this month? How about Windows update?

Every day some program requests download of updates. Between Firefox, Thunderbird, iTunes and Windows Update, a significant amount of data is downloaded each month. Without regulation the average consumer is screwed. They are treated like mushrooms by being kept in the dark about data usage and then receiving large bills for overages. It is as important that the ISP is not allowed to charge for network overhead.
tomk62

join:2001-11-01
Trenton, NJ

Re: Subscribers have no way of telling how much data downloaded!

It's not the data download that is the issue, it's the fact that the device is in my house connected to my WiFi network but yet somehow AT&T says the device is transferring data over 3G. WTF?
Mr Matt

join:2008-01-29
Eustis, FL
kudos:1

Re: Subscribers have no way of telling how much data downloaded!

Is AT&T charging customers against their allocation, whenever the handset sends location information to AT&T? How about any other 3G System overhead?

Romney2012
Defeat Obama 2012-Chg we can believe in
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join:2002-03-03
USA
kudos:4
said by Mr Matt:

Each program should be provided with a GUI where the user can determine how much background data the application has downloaded each month. Charging for usage should be declared illegal until all and I mean all software installed on an internet enabled device that download or upload data to the internet without the users knowledge or permission.

Without regulation the average consumer is screwed. They are treated like mushrooms by being kept in the dark about data usage and then receiving large bills for overages.

And your solution is some vast government bureaucracy deciding the minutiae of how a program app is coded? Get real.
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Mr Matt

join:2008-01-29
Eustis, FL
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Reviews:
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Re: Subscribers have no way of telling how much data downloaded!

If an app can be coded to send all of your personal usage information back to the creator, I do not think it would be to hard to code it to store and display the amount of data consumed by the app each month.

Of course if you were one of those scumbag programmers that are collecting personal information without users knowledge, you would not want your app reporting 1Gb of usage when the user has not used that app that month!
talz13

join:2006-03-15
Avon, OH

Re: Subscribers have no way of telling how much data downloaded!

As a developer, I can say that I'm not adding code to my program to monitor its data usage.

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

Good

Consumers have a right to know that AT&T's claims about their metered usage are accurate, especially when there is seemingly such a large problem with customers being charged overages when they should not be.

No company which sells a metered product or service can get away with giving you its unverifiable opinion as to how much of the product or service you consumed. Why should any metered broadband provider be different? If grocery stores, gas stations, water and power utilities and other such companies must submit to government regulation when it comes to ensuring the accuracy of their meters, then so should AT&T.
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buddahbless

join:2005-03-21
Premium

Re: Good

I could not have said it better myself.
BiggA

join:2005-11-23
EARTH
Reviews:
·Comcast

Ooookay.

I mean I'm glad someone's checking, but considering you get 2GB, and you can check it anytime with the #DATA* thing, I'd say it's a pretty minimal of an issue. God knows what uses what on my phone, the thing is pushing or pulling data a lot, and it still only uses at most 800MB/month with Pandora, Maps, etc etc.

Morac

join:2001-08-30
Riverside, NJ
kudos:1
Reviews:
·Comcast

Re: Ooookay.

The issue isn't that you can't find out how much data AT&T says you are using, it's that there's no way to verify that it's accurate.

The cell data usage as reported by AT&T is always greater than what my iPad 2 reports. Sometimes by as much as 400 MB a month. If you're within a few hundred MB of the 2 GB cap, that's enough to push you over.
--
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BiggA

join:2005-11-23
EARTH

Re: Ooookay.

Well, I guess we'll see what happens then. Hopefully this can get resolved.

IowaCowboy
Premium
join:2010-10-16
Indian Orchard, MA
Reviews:
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Time to restore state's rights

It will be a good day when ISPs become regulated utilities. Just like there was a need to give state utility boards control over basic telephone service back in the good old days, I think the need is there to regulate ISPs as public utilities considering that there are few choices of providers (I only have one choice at the moment and that is Comcast).
WhatNow
Premium
join:2009-05-06
Charlotte, NC

Re: Time to restore state's rights

The regulated did not work as well as you think it did. The reason it was regulated was you had set boundaries. I grew up in a town that had a private telco that charged more for a 4 party line the Southern Bell charged for a private line just a kids bike ride away. We lost service if we had a heave due.
The reason the Bell System was so good was long distance paid a lot of the bills. When they lost the LD distance a lot of upgrades were took longer.
Not every customer has a choice but most people in cities have telco and cable. I don't but neighborhoods on both sides do so I feel your pain of the lack of choice.

I am just saying when POTS was regulated people complained and wanted it deregulated. So be careful what you wish for.

rchandra
Stargate Universe fan
Premium
join:2000-11-09
14225-2105
...but they aren't, and nor should they be. For everyone who says this, I have to wonder why they think they need so much government controlling their lives, and that the private sector can't meet their needs and wants. The only bottleneck these days tends to be the last hop (not exactly the last mile in the case of satellite, eh? more like 45000, give or take, in that case), and has been somewhat remedied by the Telcom Act of 1996 where UNEs were created. But that was only done to correct a government supported cabling monopoly/duopoly.
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tman852

join:2010-07-06
kudos:1
Reviews:
·AT&T Wireless Br..

Interesting.

I have a 3G data card from them and have on occasion noticed the phantom usage. The connection manager software shows data being transferred at around 30KB/s and it also shows on my account page online. If I watch network activity on resource monitor while this is happening, NOTHING is running in the background that would cause the unknown traffic.
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RDC17

join:2011-05-15
Baltimore, MD

Like plugged in electronics

This is just like how your TV uses trace amounts of electricity when it's off. With location-centric phones these days, every smartphone calls home once in a while even when it's not being used.

Murdoc
Premium
join:2009-02-08
Manitowoc, WI

1 edit

The telecos got a deregulation bill passed in wisconsin

This is all thanks to governor scott walker. So I am not sure what herb kohl is gonna do about it now. I am confused to why it has not been news on dslr front page.

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