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T-Mobile Sued For Offering Limited 'Unlimited' Service
User files suit over 10 GB limit buried in fine print

For years wireless carriers have played fast and loose with the word "unlimited," advertising their services as such but then quietly imposing caps (usually 5 GB) or other restrictions. While Verizon Wireless had their wrist slapped back in 2007 for the practice by New York's Attorney General, that still didn't stop many carriers from continuing the practice. Now T-Mobile is being sued in California for inaccurately advertising their limited (10 GB) data services for smartphones as unlimited. Complains the suit:

quote:
Click for full size
The only warning given to consumers, according to the suit, is a statement "on the very last page of [a T-Mobile] brochure, buried in minuscule type barely readable, [that] 'Your data session may be slowed, suspended, terminated, or restricted if you use your service in a way that interferes with or impacts our network or ability to provide quality service to other users ..."
Parts of the suit are melodramatic for effect, lawyers arguing that the surprise limit makes smartphones "essentially useless for anything other than making or receiving phone calls and text messages." T-Mobile's current 10 GB cap is rather generous, and last we checked, unlike some other carriers, T-Mobile only throttles users who cross it -- they don't impose unreasonable overages or boot users from the network.

All of that said, the solution for carriers who don't want suits, user complaints or AG investigations seems pretty simple: stop using the word unlimited, and make your service restrictions clear. False advertising is false advertising, and wireless carriers have been trying to have their cake and eat it too on this front for years. The definition of unlimited is clear, and burying limits for your "unlimited" data plans in fine print on page 50 of your terms of service doesn't change that fact.
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xczy
join:2009-02-10
Japan

xczy

Member

5 Gbps

quote:
but then quietly imposing caps (usually 5 Gbps).
I wish. xD

en102
Canadian, eh?
join:2001-01-26
Valencia, CA

en102

Member

Re: 5 Gbps

Hell, I'd be running an ISP with that kind of BW.

PapaMidnight
join:2009-01-13
Baltimore, MD

PapaMidnight

Member

Re: 5 Gbps

said by en102:

said by xczy:

quote:
but then quietly imposing caps (usually 5 Gbps).
I wish. xD
Hell, I'd be running an ISP with that kind of BW.
That makes two of us, LoL!
xD
iansltx
join:2007-02-19
Austin, TX

iansltx

Member

Re: 5 Gbps

Heck, I'd be running an ISP on one-tenth that

SimbaSeven
I Void Warranties
join:2003-03-24
Billings, MT

SimbaSeven

Member

Re: 5 Gbps

No kidding.. I'd love to get bandwidth like that here!

cp
Premium Member
join:2004-05-14
Wheaton, IL

cp

Premium Member

Why?!

Why do American service providers feel the need to deceive their customer base? If there's caps on our service, be honest with us. That's all we ask.

Jim Kirk
Premium Member
join:2005-12-09
49985

Jim Kirk

Premium Member

Re: Why?!

said by cp:

Why do American service providers feel the need to deceive their customer base?
Ever heard the Frog and Scorpion fable? "It's in their nature"

fifty nine
join:2002-09-25
Sussex, NJ

fifty nine to cp

Member

to cp
said by cp:

Why do American service providers feel the need to deceive their customer base? If there's caps on our service, be honest with us. That's all we ask.
The irony of this is that T-Mobile is owned by Deutsche Telekom, a German firm.
dubenezic
join:2004-05-06
Elizabeth, NJ

dubenezic

Member

Re: Why?!

Maybe it should be douche telekom
InfinityDev
join:2005-06-30
USA

1 edit

InfinityDev to cp

Member

to cp
said by cp:

Why do American service providers feel the need to deceive their customer base?
Easy. If they're up-front about it it becomes something competitors can talk about. If none of them talk about it they remain a cartel and can do whatever they want.

Just like those below-the-line fees on your bill. They all agree not to blow the whistle on each other and keep screwing their customer bases.

Berneker
@sdsl.bell.ca

Berneker

Anon

Re: Why?!

So if competitors talk about it then the ones who are up front can use the warning about false advertising to promote their honest "no BS, no hidden fees" declaration.

AVD
Respice, Adspice, Prospice
Premium Member
join:2003-02-06
Onion, NJ

AVD

Premium Member

Re: Why?!

said by Berneker :

So if competitors talk about it then the ones who are up front can use the warning about false advertising to promote their honest "no BS, no hidden fees" declaration.
Like verizon vs, ATT last year.

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

pnh102 to cp

Premium Member

to cp
said by cp:

Why do American service providers feel the need to deceive their customer base? If there's caps on our service, be honest with us. That's all we ask.
If you're talking about T-Mobile, how can they be accused of deceit? They made the throttling policy clear in their TOS. If the idiots who filed this suit can't be bothered to read what they sign, then that's their fault, not T-Mobile's.

cp
Premium Member
join:2004-05-14
Wheaton, IL

cp

Premium Member

Re: Why?!

Not really. The TOS is designed to be not read. T-Mobile cannot advertise that they have unlimited data and then have fine print in their TOS that there's a 10GB cap. This is a deceptive practice.

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

1 recommendation

pnh102

Premium Member

Re: Why?!

said by cp:

Not really. The TOS is designed to be not read. T-Mobile cannot advertise that they have unlimited data and then have fine print in their TOS that there's a 10GB cap. This is a deceptive practice.
If it was designed not to be read then it wouldn't be printed.

Besides, most TOS are printed in normal sized fonts online. If the font on a webpage is too small it can easily be turned up until it is the desired size.

But as for the 10GB non cap, what about this is not unlimited? You're still getting unlimited data, albeit at a slower speed, and you are not being charged an overage. Most people accept the definition of "unlimited data" to mean that you can use as much data as you can get without being charged an overage for it. T-Mobile isn't sticking users with overages, so there's no problem.

i1me2ao
Premium Member
join:2001-03-03
TEXAS

i1me2ao

Premium Member

Re: Why?!

i have seen countless attorneys on tv explaining they do not understand the terms of the damn contract..
fiberguy2
My views are my own.
Premium Member
join:2005-05-20

fiberguy2

Premium Member

Re: Why?!

said by i1me2ao:

i have seen countless attorneys on tv explaining they do not understand the terms of the damn contract..
Then those attorneys are idiots, quite frankly, and shouldn't be in the profession of spin. To be honest, those attorneys are INCREDIBLE at the dramatics; don't think for one second that judges don't realize that.

If these "countless attorneys on TV" are saying they can't understand the contract, it's just a show they're putting on to make T-Mobile look like evil horrible people out to screw people and the scene they describe usually is in black and white, in a castle up on a steep mountain, with an incredible thunderstorm going on at the same time - you know the scene I'm talking about.

For the record, the terms of the "contract" are very simple and if an attorney or AVERAGE person can't figure it out - they need help. It's the TOS I believe that is in question here anyway, not the "contract".. the "contract" simply defines your subsidized hardware purchase and that you have to stay a customer for X amount of days, that's it.

vpoko
Premium Member
join:2003-07-03
Boston, MA

vpoko

Premium Member

Re: Why?!

I don't think there's particularly anything confusing in the subscriber contract, but they're still responsible for falsities in the ads.
fiberguy2
My views are my own.
Premium Member
join:2005-05-20

fiberguy2

Premium Member

Re: Why?!

said by vpoko:

I don't think there's particularly anything confusing in the subscriber contract, but they're still responsible for falsities in the ads.
The ONLY thing that I have a problem with is a carrier that DOES use the word "UNLIMITED" in advertising when their terms and agreement DOES have a limit to it.

However, as of late, I haven't seen Sprint do it, for sure.. AT&T and VZ I'm not sure since I don't use nor will use their service. But Sprint, for example, says that it's a 5GB service pretty forward.

As for Tmo, if it's "unlimited" and yet they throttle in the name of network management at a certain threshold, and all they're doing is slowing you down but the data is flowing, then you're still getting unlimited data so long as they don't overage charge their customers.

The one thing I have not yet seen is a carrier that says "Unlimited 1.5 meg service"... I DO see them use the term "UNLIMITED DATA" which does have implicit meaning.
cw30000
join:2008-07-11

cw30000 to i1me2ao

Member

to i1me2ao
I, too seen countless attorneys on tv explaining they do not understand the TOS, but they are all refer to the TOS from the credit card companies.

i1me2ao
Premium Member
join:2001-03-03
TEXAS

i1me2ao

Premium Member

Re: Why?!

my bad, you are correct..
Expand your moderator at work
Folsomite
join:2010-05-03
Folsom, CA

Folsomite to pnh102

Member

to pnh102

Re: Why?!

"Most people accept the definition of "unlimited data" to mean that you can use as much data as you can get without being charged an overage for it."

WTH??? As much as I can get? I'm sorry but I take unlimited to mean no limits.
amigo_boy
join:2005-07-22

amigo_boy

Member

Re: Why?!

said by Folsomite:

"Most people accept the definition of "unlimited data" to mean that you can use as much data as you can get without being charged an overage for it."

WTH??? As much as I can get? I'm sorry but I take unlimited to mean no limits.
But, you're not "most people." That's what's amusing about this topic. The people who understand "unlimited" in a literal sense know that nothing is truly "unlimited." They know enough about how this works to investigate the parameters which they believe could affect them.

Then they expect everyone else whose usage patterns never approach a limit, to be forced to understand "unlimited" in the same absolute terms which most people never have a reason to concern themselves with.

If you want to win over consumers to greater consumer protections, it seems like it would be effective to talk about things the average consumer can relate to, such as nutritional labeling so common metrics could be easily understood in a common format. Not defining a word in a way most consumers don't experience.

You're essentially fighting for a solution to a problem that doesn't exist.

Berneker
@sdsl.bell.ca

Berneker

Anon

Re: Why?!

So you're saying that advertisers aren't being dishonest by flying in the face of the standard language definition of "unlimited" because they have, by using terms loosely, have written a separate, valid dictionary where advertisers can say whatever they want? A word is a word and has a specific definition.

It's also unfair to those providers who actually *DO* provide an unlimited service. My telephone provider gives me unlimited long distance within canada and US, and it is ACTUALLY unlimited. I could have the phone running cross country calls 24/7 and not pay an extra dime. Same with my internet - UNLIMITED. The speed isn't the greatest, but it has no cap.
a
Remember the dishwasher soap commercials where they would say your dishes would be "virtually" spotless? They gave the impression of absolute, but at least used a pretty qualifier to mask the smell of BS. There is no excuse for dishonesty in advertising.
amigo_boy
join:2005-07-22

amigo_boy

Member

Re: Why?!

said by Berneker :

So you're saying that advertisers aren't being dishonest by flying in the face of the standard language definition of "unlimited" because they have, by using terms loosely, have written a separate, valid dictionary where advertisers can say whatever they want? A word is a word and has a specific definition.
I'm saying ISPs aren't speaking to scientists about a theoretical model of infinity. They're speaking to prospective customers who, if they're like 95% of the ISPs existing customers, won't experience a limit. I.e., the service will be "unlimited" to them.

Why would they use a word out of context? Why would they waste valuable advertising time qualifying and explaining to a demographic that doesn't need it? The 5% affected by limits know who they are, that they're different, and that nothing is truly "unlimited."

This would be like Jif peanut butter wasting a 60-second commercial describing what they mean by "choosy mothers." A nasaly, whiney narrator pedantically explaining how "it doesn't mean 'all' choosy mothers. It's just a term of art. Mothers can be choosy and still not pick Jif. So, we hope nobody is offended by our marketing claim."

The thing I don't get is how, if you want to improve the condition of consumers, why waste your time arguing about something that 95% of consumers aren't affected by, and don't understand in the way you want them to? That seems like a waste of energy when you could advocate for something like nutritional labeling for ISPs. (Common metrics in a common format so everyone can make easy market choices.).

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

pnh102 to Folsomite

Premium Member

to Folsomite
said by Folsomite:

WTH??? As much as I can get? I'm sorry but I take unlimited to mean no limits.
Surely your device has limitations on data transfer.

And again, where is T-Mobile charging overages? Even if they throttle people who go over 10GB these people still have access, even if it is slower, it is still there.
amigo_boy
join:2005-07-22

amigo_boy to cp

Member

to cp
said by cp:

Not really. The TOS is designed to be not read. T-Mobile cannot advertise that they have unlimited data and then have fine print in their TOS that there's a 10GB cap. This is a deceptive practice.
It depends on how you define "unlimited." If it's intended to communicate to the "average customer" and T-Mobile has determined that their caps are well above the average, then their average customer experiences "unlimited."

Why would T-Mobile need to define a term in a way most of their customers wouldn't understand it? Just to serve the needs of the few who know they are outliers?

I do agree that it's not reasonable to expect everyone to spend half an hour reading Terms of Service contracts. I think we need the equivalent of nutritional labeling. A handful of metrics in a standardized format so consumers can make easy choices.
Stumbles
join:2002-12-17
Port Saint Lucie, FL

Stumbles

Member

Re: Why?!

It depends on how you define "unlimited sex."
.

OK, whatever you say former President Clinton.

tiger72
SexaT duorP
Premium Member
join:2001-03-28
Saint Louis, MO

tiger72 to amigo_boy

Premium Member

to amigo_boy
Unlimited refers to access. Not consumption.

ISPs generally no longer limit access. They do limit consumption.
I don't agree with it, but it's a pretty simple concept that's easily defensible in court.

••••

NyQuil Kid
8f The Nyquil Kid
join:2001-01-06
Brick, NJ

NyQuil Kid to cp

Member

to cp
I trust you realize such TOS's are so long and complex because businesses are forced to write every contingency due to government regulation and the constant threat of lawsuits.

Sorry to throw facts in the way of a good rant, but hey that's reality for you.

[8F] The NyQuil Kid

•••

vpoko
Premium Member
join:2003-07-03
Boston, MA

1 edit

vpoko to pnh102

Premium Member

to pnh102
said by pnh102:

If the idiots who filed this suit can't be bothered to read what they sign, then that's their fault, not T-Mobile's.
And T-Mobile can continue advertising something they don't actually offer? They have responsibility to ensure that their advertising isn't contradicted by their terms of service. Anything less is simply bait & switch.

•••
axus
join:2001-06-18
Washington, DC

axus to pnh102

Member

to pnh102
If they used the word "unlimited", that is the deceit. Advertising cannot contradict the fine print.

T-Mobile may be able to argue their way out of it, if they can convince the court that throttling is not a limit. They're in a better position than "unlimited" ISPs that disconnect users who go over a limit.
lefty1
join:2002-10-25
Clay, NY

lefty1 to pnh102

Member

to pnh102
said by pnh102:

said by cp:
Why do American service providers feel the need to deceive their customer base? If there's caps on our service, be honest with us. That's all we ask.
If the idiots who filed this suit can't be bothered to read what they sign, then that's their fault, not T-Mobile's.
Oh, the consumer is the idiot? Unlimited isn't misleading? People with your attitude are the problem.

••••
Carnivore
join:2003-01-06

Carnivore to cp

Member

to cp
said by cp:

Why do American service providers COMPANIES feel the need to deceive their customer base?
Fixed that for you.

It's the American way - the entire economic model seems to be based on lies.

Bill Neilson
Premium Member
join:2009-07-08
Alexandria, VA

Bill Neilson to cp

Premium Member

to cp
Because they can get away with it

And even if caught....nothing happens

It is pathetic but it seems that they all know it so they do it with little to no thought of getting hurt with a suit

They have all politicians in their pockets to protect them from any change in laws that would actually hurt them
amigo_boy
join:2005-07-22

amigo_boy to cp

Member

to cp
said by cp:

Why do American service providers feel the need to deceive their customer base? If there's caps on our service, be honest with us. That's all we ask.
What I don't understand is why Americans seem to believe anything can truly be "unlimited."

NetTalk sold their T6000 VoIP service for around $150 for a "lifetime" service. Now people who bought into that are complaining that their T6000 device broke and NetTalk won't replace it and honor the "lifetime" service.

C'mon. Do people really believe they're going to get free phone service for 60 years for a one-time payment of $150?

ISPs may be preying upon the evil side of consumers. But, it sure seems like consumers invite it.

•••••••••

i1me2ao
Premium Member
join:2001-03-03
TEXAS

1 edit

i1me2ao to cp

Premium Member

to cp
verizon on droid 2 says unlimited web and email. so wtf does unlimited mean..

Unlimited Email & Web for Smartphones (personal email).
Get unlimited access to the Internet and your personal email accounts.


Check and send personal emails when you’re out and about.
Access up to 10 POP3 and IMAP email accounts.
Enjoy unlimited Internet access.
Compare your Smartphone data options:

Personal
Email Corporate
Email Unlimited
Internet Access Monthly
Charge
Unlimited Data
Usage for
Smartphone Included

Included

Included

$44.99

Email & Web for
Smartphone Included

---

Included

$29.99

The Email and Web for BlackBerry and Email and Web for Smartphone Features are designed for personal, consumer use and are not compatible with some Internet email service offerings or with email applications utilizing BlackBerry Enterprise Server, BlackBerry Desktop Software, Wireless Sync or Wireless Sync Enterprise Server or Good™ Mobile Messaging. These features cannot be used to tether your device to laptops, personal computers or other devices for any purpose other than syncing of data; any other use is not permitted using these features. Service is only available in the National Enhanced Services and Extended National Enhanced Services Rate and Coverage Areas. See information on roaming in Canada and Mexico at www.verizonwireless.com/naroaming.

Additional Terms & Conditions apply

© 2010 Verizon Wireless

Duramax08
To The Moon
Premium Member
join:2008-08-03
San Antonio, TX

1 recommendation

Duramax08

Premium Member

lolololol

Click for full size
UNLIMITED
Im paying for unlimited. All you can eat buffet right?

••••••••••

Robert
Premium Member
join:2001-08-25
Miami, FL

1 recommendation

Robert

Premium Member

What.. no arbitration clause?

What.. no arbitration clause?
hottboiinnc4
ME
join:2003-10-15
Cleveland, OH

hottboiinnc4

Member

Re: What.. no arbitration clause?

they do have one. But customers do not see those either. That would involve them reading the TOS/AUP. Which is their contract.

NormanS
I gave her time to steal my mind away
MVM
join:2001-02-14
San Jose, CA

NormanS

MVM

Qualification?

"Unlimited", without a qualifier, is pretty clear. But using a qualifier can change the meaning. "Unlimited hours" is not the same thing as "unlimited data". All a carrier needs to do is specify what aspect of the service is "unlimited".

•••••••••••••••••••••••••••••••

SimbaSeven
I Void Warranties
join:2003-03-24
Billings, MT
·StarLink

1 edit

SimbaSeven

Member

So.. That makes at&t's iPhone even more useless?

quote:
Parts of the suit are melodramatic for effect, lawyers arguing that the surprise limit makes smartphones "essentially useless for anything other than making or receiving phone calls and text messages."
So this makes the iPhone completely useless with at&t's 2GB cap.

ArrayList
DevOps
Premium Member
join:2005-03-19
Mullica Hill, NJ

ArrayList

Premium Member

so...

is unlimited like having an infinitely large dump truck or an infinite number of dump trucks?

who
@comcast.net

1 recommendation

who

Anon

???

quote:
T-Mobile's current 10 GB cap is rather generous, and last we checked, unlike some other carriers, T-Mobile only throttles users who cross it -- they don't impose unreasonable overages or boot users from the network.

They are not shutting you off or charging overages, thus they are not limiting you.

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

1 recommendation

pnh102

Premium Member

No Merit

Unless T-Mobile is charging users overages for going over 10GB then this suit is without merit.

Besides, T-Mobile even warns you explicitly that going over 10GB will result in throttling. Isn't this the type of thing we want from cell phone providers? Throttling is infinitely better than being browbeaten with overages.

Perhaps the idiots who brought this suit should take their business to AT&T, then they can enjoy full speeds going over their caps.

••••
demir
Premium Member
join:2010-07-15
usa

demir

Premium Member

hmm

You get what you pay for. There's a reason T-mobile is the cheapest.

If you want to pay more than $80 / month and you use more than T-mobile's cap, then you shouldn't be with T-mobile.

•••

kapp0
join:2001-12-16
Byron, IL

1 recommendation

kapp0

Member

Unlimited?

I don't think people are complaining that Tmobile's 10GB is an unfair amount. The complaint is that we are sick of companies using the word unlimited to suck people in and not having to stick to that. Rewording the unlimited part in the fine print in the back doesn't change anything. Can you imagine if all companies got away with this type of advertising?

•••

HotRodFoto
Premium Member
join:2003-04-19
Denver, CO

HotRodFoto

Premium Member

About damn time

Finally! It is about damn time! Unlimited means "unlimited", enough with the corporate BS spin

rideboarder
welcome to the social
Premium Member
join:2003-07-28
Snohomish, WA

1 recommendation

rideboarder

Premium Member

T-Mobile is doing it right.

This lawsuit is worthless against T-Mobile, since T-Mobile actually provides unlimited data...REAL unlimited data unlike AT&T. He should be happy he's actually getting that, which hardly any other provider does.
wierdo
join:2001-02-16
Miami, FL

1 edit

wierdo

Member

Re: T-Mobile is doing it right.

said by rideboarder:

This lawsuit is worthless against T-Mobile, since T-Mobile actually provides unlimited data...REAL unlimited data unlike AT&T. He should be happy he's actually getting that, which hardly any other provider does.
Yeah, if they're just throttling (as everybody should do, if they feel the need to implement caps), this lawsuit is utterly ridiculous on its face. They aren't advertising unlimited speed, after all.

MemphisPCGuy
Taking Care Business
Premium Member
join:2004-05-09
Memphis, TN

MemphisPCGuy

Premium Member

on a side note...

... have you ever read (or tried to read) the fine print on television advertising? How they can get away with some of this stuff is amazing
fiberguy2
My views are my own.
Premium Member
join:2005-05-20

fiberguy2

Premium Member

Re: on a side note...

said by MemphisPCGuy:

... have you ever read (or tried to read) the fine print on television advertising? How they can get away with some of this stuff is amazing
Because the representation in congress and in the state houses have written the rules to allow for that... companies are following the letter of the law with that fine print.. it's the way the government set it up for them.. THAT is how they are getting away with some of it.. so yea, I agree.. the government is "amazing" huh?

Cruz1
@sbcglobal.net

Cruz1

Anon

Leave them alone ...

Look, T-Mobile is by far the most generous. The bury the 10GB number so they can have a reason to terminate some moron that hacks the phone and runs a business, downloads thousands of movies, etc a month. A NORMAL user won't get cut off at 10GB. I have seen people with MORE than 10GB on T-Mobile and nothing ever happened!

It's just a bunch of scumbag greedy lawyers that will F' it up for everyone!

I would much rather have the unclear 10GB cap than the other carriers that have a 5GB cap and OVERAGES up the rear!
chuckkk
join:2001-11-10
Warner Robins, GA

chuckkk

Member

Re: Leave them alone ...

The "unlimited" bit aside, T Mobile has had a reputation of offering discounted rates that have a delayed effect, in that the discount "will show up on two bills from now". When it doesn't "what discount" or "the discount does not apply to your rate", even though you were told by multiple sources inside T Mobile that it does or did apply at the time the rate was established.
LouNawlins6
join:2010-02-28
Metairie, LA

LouNawlins6

Member

Re: Leave them alone ...

Any time I have been in a T-Mobile store, the Representative took the extra time to explain the fine print and asked follow up questions to ensure that I fully under stood the cap.

However some other locations such as purchasing at a non T-Mobile owned Kiosk or SAM's Warehouse, Radio Shack, BestBuy etc. they rarely took the time to even explain the basics of the phone much less the contract. That is why I will only shop at a T-Mobile owned store.

Satisfied Customer for over Ten Years (started with Powertel in Atlanta which was bought out by T-Mobile)

nps_ca
@sbcglobal.net

nps_ca

Anon

I'm a TMO User and....

There is no BLOODY CAP...

When you hit 5GB+ you are subject to throttling. NOT A Cut off or service overages, THROTTLING till the next billing cycle.

djdanska
Rudie32
Premium Member
join:2001-04-21
San Diego, CA

4 edits

djdanska

Premium Member

right..

I've been following the t-mobile forums at howardforums for many years now and have never heard of anybody being kicked off or forced to change data plans for using too much data with t-mobile. I've seen people use the $5.99 unlimited internet with their smartphone and use many gb of data being forced to get a smartphone data plan before. Thats just getting the proper data plan for your device. It's very apparent your not using m.facebook.com on your sony flip phone and racking up 8-10gb of data. Seriously now. Nobody has that many facebook friends! Well, maybe that dude from myspace you get as a default friend. Lmao (smartphone/data cards have proper data plans. feature phones have its own data plan. They are very clear about that in all advertising in regards to plans. Many can get away with grandfathered data plans. But we all know they can easily at any given notice make us pay full price vs. t-zones on something like the HD2 or android phone. We all hate it but thats life.)

Every isp both mobile, dsl, cable, etc generally has a provision in its tos allowing them to make appropriate changes based on abuse. aka too much data. If you use bittorrent and use up 40+ gb of 3g data tethering to your phone or data card, dam right your going to get noticed! Nobody should be running bittorrent or usenet for large amounts of data on a mobile data connection. The occasional 10-15gb user isn't going to hear amything. Your just going to go slower after the first 10gb. NOT charged or turned off. They never said unlimited full speeds.

I for one accept the few abusers to be kicked off in order to maintain the quality of the network. wimax, cable, dsl vs. mobile internet is a whole different ballgame. Only a set amount of bandwidth for people to use vs. cable's 150 meg docsis 3.0 limitation.
djdanska

1 edit

djdanska

Premium Member

Re: right..

I upgraded from win 7 basic to win 7 home professional on my tmo dell mini netbook w/built in data card. Used the netflix streaming inside windows media center and oh man! It used up gb's of data streaming monsters, inc! I should have NOT done that. I fell asleep. Still, i watched my usage and did NOT do that again. I would feel horrible if someone did that on an att data plan. (Even 5gb plan.) They could make a fortune!

boogi man
join:2001-11-13
Jacksonville, FL

boogi man

Member

works fine for me

i'm tethered right now with my cliq and regularly use 5+GB because that's all i have time for so far no throttling or overage charges. That's surfing video chatting and even some hulu and a few other video sites thrown in too. Granted i'm not using BT or similar but still in yet I figure I'd be fairly heavy and that still leaves me with nearly 5GB of unthrottled usage a month. I guess if my phone would use 3G+ or the new 21M or whatever it is service i might use more. but that is all inside my house which get's mediocre signal and of course blur running 24/7

No_CAPS
@stancera.org

No_CAPS

Anon

So now Tmobile will fall into lockstep

Great, so now TMobile, who were already the most generous of the carriers with a 10Gb cap as opposed to 5Gb that is common with other carriers, will fall into lockstep and implement 5Gb caps as a response to this law suite. Thanks to the idiots filing the suit.

nycnetwork
join:2000-11-12
Brooklyn, NY

nycnetwork

Member

Re: So now Tmobile will fall into lockstep

Click for full size
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On ATT so far Im spared of nonsense.

Selenia
Gentoo Convert
Premium Member
join:2006-09-22
Fort Smith, AR

Selenia

Premium Member

Re: So now Tmobile will fall into lockstep

Same here. My AT&T data card has a 5GB cap, but it's plain as day. The name of the plan is, in fact, Data Connect-5GB. I have sucked down more than that, on occasion, with a phone and not a peep from AT&T, nor an outrageous bill. That being said, I'm sure they'd clamp down at some point, but not the point everyone seems to say.

michieru
Premium Member
join:2009-07-25
Denver, CO

michieru

Premium Member

...

The service still is technically unlimited because they are not stopping you from using it altogether but they will degrade it's performance.

It's not a limit so it is unlimited, just like internet speeds are up to a certain number but that doesn't mean it will always be that number and the service still remains unlimited.

People these days just sue because they want something out of it, and honestly if you don't want to read the TOS and just sign up for the service anyway because it's too much of a pain, if I where a business owner I would of been like screw you. A lot of people don't ask any questions either, they just want it, sign up, and then act like "omg I must pay for this" after the first bill.
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