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Thread: unlimited data plans and throttling..are there any codes that specifically exempt it?

  1. #16
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    Quote Originally Posted by spdickey View Post
    Actually veriztd is partially right. AT&T doesn't even guarantee that you'll even get any data where you live or work.

    Its true, AT&T guarantees you absolutely nothing. If it didn't even work period where you are, you'd still have to pay. True genius in the TOS writers at AT&T. You pay, they don't have to provide you anything except a monthly bill. Its not your fault. It takes a lawyer to decipher what the TOS really means.

    Of course, since you've had your phone a while, you can quit AT&T anytime you want and switch.

    Only carrier that today offers true "unlimited" service the way it was sold to you originally is Sprint. Too bad you'll also have to shell out for a new iPhone and sign up for a contract to to so.
    My personal opinion...

    1. I know it sucks that you don't get the fastest speeds all the time but the spectrum crunch has us all suffering in one way or another
    2. The TOS is pretty easy to read and clear, and you were never promised any certain speed, only unlimited data, which is exactly what you are receiving, but you made an assumption of the speed, when you assume, you only make an *** out of u and me
    3. You have 30 days to ensure the quality of service is to your standards, if you go 30 days and don't report any reception problems, you are essentially only complaining in your head, and not doing anything about it... the early term fee is there to make up the discount you originally received and agreed to when buying your phone, otherwise, inform yourself, make sure you know all the facets of a transaction before signing anything, you can blame at&t, but you really only have yourself to blame...
    4. No service provider can guarantee coverage, you know why? cell phones aren't a perfect technology, and pointing back to the 30 day return policy, you have options, use them.
    iPhone 3GS and Palm Pre+

    My statements and opinions do not reflect those of my employer, AT&T Mobility. This is disclosed per FTC regulation.

  2. #17
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    It's scummy and it's borderline (if not outright) breach of contract. Well, at least the "spirit" of the "implied" contract we thought we were signing up for when the first iPhone came out with unlimited data.
    Recently a guy sued AT&T and the judge sided with him... AT&T had to pay out the remainder of his contract per month.. So I think he got $800 for the remaining 8 or 9 months left on his contract. So really, he didn't even break even. I'm just praying that someone is able to use this as precedent in a court and the judge s***ws them with their pants on. (And I'm a stockholder that enjoys getting the dividends.)

  3. #18
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    Quote Originally Posted by emo_andy View Post
    My personal opinion...

    1. I know it sucks that you don't get the fastest speeds all the time but the spectrum crunch has us all suffering in one way or another
    2. The TOS is pretty easy to read and clear, and you were never promised any certain speed, only unlimited data, which is exactly what you are receiving, but you made an assumption of the speed, when you assume, you only make an *** out of u and me
    3. You have 30 days to ensure the quality of service is to your standards, if you go 30 days and don't report any reception problems, you are essentially only complaining in your head, and not doing anything about it... the early term fee is there to make up the discount you originally received and agreed to when buying your phone, otherwise, inform yourself, make sure you know all the facets of a transaction before signing anything, you can blame at&t, but you really only have yourself to blame...
    4. No service provider can guarantee coverage, you know why? cell phones aren't a perfect technology, and pointing back to the 30 day return policy, you have options, use them.
    Exactly so! Especially point #4.

    Carry on.
    Q: Would you patronize a streetwalker?

    A: No, I would treat her as an equal.

  4. #19
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    Quote Originally Posted by marks47 View Post
    It's scummy and it's borderline (if not outright) breach of contract. Well, at least the "spirit" of the "implied" contract we thought we were signing up for when the first iPhone came out with unlimited data.
    Recently a guy sued AT&T and the judge sided with him... AT&T had to pay out the remainder of his contract per month.. So I think he got $800 for the remaining 8 or 9 months left on his contract. So really, he didn't even break even. I'm just praying that someone is able to use this as precedent in a court and the judge s***ws them with their pants on. (And I'm a stockholder that enjoys getting the dividends.)
    There is no precedent for small claims court cases. AT&T continues to throttle that user if he is still on the network. The remaining ETF would have been about $185. He would have had to get a new phone if he went to the only carrier, Sprint, who still had unlimited data plans.
    Earl F. Parrish

  5. #20
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    Quote Originally Posted by efparri View Post
    There is no precedent for small claims court cases. AT&T continues to throttle that user if he is still on the network. The remaining ETF would have been about $185. He would have had to get a new phone if he went to the only carrier, Sprint, who still had unlimited data plans.
    While small claims rulings don't a a legal precedent. It does show a path that can be followed by others who wish to sue AT&T for money damages. If your facts are exactly the same as the original defendant, I'm sure the judge will be as fair in applying his ruling.

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