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Is AT&T in breach of contract for cutting data speeds on unlimited users?

airdata

airdata

Diamond Member
AT&T is basically making 3G internet unusable for people who they say are in the top 5% of data users, regardless of the data plan people are on.

Now... when we signed up several years ago for the $30/mo unlimited data plan I assumed it was just that. Are they in breach of contract if they are reducing internet speed on these people to the point where they can't even use their internet?
 
It's been asked by yours truly, and apparently there are people on here that think there should be a limit to "unlimited".
 
Unless they are stopping you from downloading; they are still within the terms of the agreement.

They never stated what the avg download speed would be.
Find such a statement and then you have a case.

If you can demonstrate that they are targeting you because of your usage, that is a different story.

If all downloads for others are also slower, you are back to the speed proof.
 
I would guess that the fine print says that they can enforce reasonable network management policies or something similar.
 
I also thought the original people with the unlimited data plans were grandfathered in, but the second you upgraded or replaced your phone you were given the new plans...

I also think their "Ace" card is the are just slowing down your DL, not stopping it. Kind of like AOL's unlimited back in the day, they said all you got was access to the network, but you might be charged for extra access.
 
The TOS had a throttling clause for high bandwidth users in 2009 and in 2010 when they changed the unlimited plan. Considering that iPhone 4 users, even if they kept their unlimited plan, would have signed up under the terms of use in 2010, those people should be out of contract this year starting in June.

So, I'm not quite sure what you're looking to accomplish/stir up.
 
Don't buy into the whole 3G/4G BS. It's all marketing. The contracts of unlimited apply to the amount of data, however if they don't like the amount of data you are using, then they simply slow it down. You are STILL using data. Then there's the "reasonable use" clause, which they can change to suit their needs at any time. It really is set up to screw the consumer.

It's all deceptive marketing, that people are buying into hand over fist.
 
I almost upgraded to a 4s from the 3GS last weekend. Then it occurred to me that my iPhone is rendered useless for 1/2 of my billing cycle due to throttled speeds anyways so what would a faster phone do for me. Oh well. Keeping the 3GS till it dies. Have had it for 2 1/2 years now and I have no intention of ever signing another contract with AT&T again.
 
Really..reading the contract isn't the issue here. Your options are limited. They aren't going to change the contract just because you don't agree with it. AT&T isn't the only company doing this. Sad to say, these days, it's almost a necessary evil. Verizon isn't much better. You either want a cell phone or you don't.

I see Ma Bell coming again...
 
OILFIELDTRASH said:
I just don't understand this mentality. Yay! Corporate overlords have found yet another way to f*ck us! Rejoice!!
Click to expand...

I don't understand your mentality. Yes they can fuck us, just as if I sign a contract stating that Apple may sew a iPhone to my chest at some forseeable time in the future.

Nothing in the term "unlimited data" says in any way whatsoever the speed at which it runs at, much like how if I sign up for 15mbps internet, it can drop to sub .5 mbps internet at times. Because its defined as UP TO 15mbps.

It's your freedom to figure out if you want to sign a contract or not. Go sign on with Republic Wireless or something if you don't want to get your speed reduced. They have done nothing in breach of the contract you sgned.
 
Corporate Thug said:
you could make an argument that there is an implied covenant of good faith in the performance of the contract...
Click to expand...

If you go down that route, the company could also claim you broke the implied good faith by taking advantage of the network and harming the network usability of other users
 
My brother in law got that message saying he was in the top percent, yada yada.

He can't even use his internet because it is so slow. So essentially they're just cutting off the internet all together.

I think it's total BS... The language of the notices is a little confusing too. I think it says something to the effect of " you're in the top 5% of data users..." with the tiered plan I assume alot of people have the cheapest plan that is barely any data.. so being in the top 5% isn't much of a feat. Watch a little netflix.. bam you're at the cap.
 
http://www.youtube.com/watch?v=ZZ6A8b7KXNw

Here's a video where a guy shows the text that they're sending out. He does a simultaenous speed test on both phones. The phone that's not throttled is something like 5Mbps, the throttled phone is something like .150Mbps...

So they potentially reduce you to dial up speeds.

Also... wow.. I didn't know they changed their data plan tiers as well.

300MB for $20 a month... I really wonder how many people buy this and wind up paying 30-40 per month in overages.

3GB for $30 a month
5GB for $50 a month

So that brings me back to what does the top 5% even mean...

OK... 2.3GB worth of usage = approaching the top 5%... are you kidding me?
 
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they are the worse company around. You can't do anything about it, hey at least you are lucky, when I moved I couldn't even get text. I'd have to send/resend text 10 times to get it through. This was in a socal, suburb. My gf's place, my mom's place, my friend's place all the same. They wouldn't let me off my contract unless I paid the fee. I wish for a class action suit to sue their ass for not living up to their terms. Where's my clause for reasonable service.
 
Even though technically they may still be providing unlimited data, you might (big might) get a judge to agree that they are in breach if the slowdown renders it unusable. I mean could they get away with a speed of 1KB per MONTH?
 
If I had a better option I'd leave. Even an equivalent option. I live and work in a rural area. AT&T is the only carrier to have decent service out here. Verizon and Sprint don't get signals half the time around here. So I'm left with AT&T for my only option. 🙁 I've already considered a prepaid plan but it just seems like a hassle and I pretty much rely on my smartphone now so I'm forced to take it in the ass. When and if another carrier comes along and can offer reliable service in the area will be the day I drop AT&T. I refuse to get into contract with AT&T because I'm hoping and praying a better option comes along and I'll drop AT&T. Maybe I'm a dreamer.
 
Weather unlimited it legally unlimited or technically unlimited...bah, just thinking about it gives me a headache.

Wireless companies will continue to limit your downloads to control costs as long as their customers put up with it. Vote with your feet or come to grips with the fact that 99.9% of the time we get screwed because are too lazy to fight it.

Edit: I was a Security Pacific Bank customer for years until they were sold and my account was eventually bought by BofA. It all went down hill after that. I remember the first time BofA put a hold on a deposit that I had made in bank, in cash. It bounced a large check I had written for a vacation and I almost lost my reservations. That was back around 1997 and I've had nothing but trouble with them since. I still only closed my account two weeks ago.

It just goes to show that no corporation is going to make any decision that benefits their customer unless it is in their own financial interest to do so. Vote with your feet.
 
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