T-Mobile sued over capped 'unlimited' data plan

[Bateluer]

http://www.boygeniusreport.com/2010/08/10/t-mobile-sued-over-capped-unlimited-data-plan/

Serious, you went through 10GB in a month. Unlimited is one thing, but jeebus, if you're using that much bandwidth, get a hard line.

 

[Spicedaddy]

Capped unlimited? Hmm, I could see how that could be perceived as false advertising...

 

[rudeguy]

I used to work at a cell phone place that gave unlimited nights and weekends. It was unlimited as long as you didn't go over 2400 minutes.

I hate it when corporations use double talk like that. I <3 my Tmo...but if they are playing games, they need to knock it off. Its not like we can't handle the rules...we just need to know what they are.

 

[zerocool84]

I used to work at a cell phone place that gave unlimited nights and weekends. It was unlimited as long as you didn't go over 2400 minutes.

I hate it when corporations use double talk like that. I <3 my Tmo...but if they are playing games, they need to knock it off. Its not like we can't handle the rules...we just need to know what they are.

Well every company needs to be sued cus all wireless companies do it.

 

[boomhower]

Well every company needs to be sued cus all wireless companies do it.

Sprint doesn't. Unlimited is unlimited. If you go crazy they can terminate your contract but they won't charge overages. Obviously this doesn't include tethering.

 

[benzylic]

Sprint caps data at 5gigs. I don't know if they actually enforce it, since I've never gotten anywhere close to that on my blackberry. The 4G might be true unlimited right now though

 

[CurseTheSky]

I was under the impression that all unlimited data plans (Verizon, Sprint, and T-Mobile) are currently capped a 5 GB / month, with the exception of the few (the lucky) that are grandfathered into a TRUE unlimited plan. My fiancee has a WAN card from Verizon that she bought about a month before they started capping it at 5 gigs. The exception is AT&T, who no longer offer a 5 GB / month plan.

 

[kaerflog]

T-mobile does state in the contract that they have the right to throtle the speed after 5gb.
Its not like they are making you pay more money after 5GB. Its still unlimited.
Seriously though, 10gb ?? Most likely hes tethering the laptop.

 

[T2urtle]

tmobile's limit was like 5gb, more or less like a unspoken rule. Tmobile doesn't charge for a tether option right now like say att/version/sprint.

10gb on a mobile phone is abuse, they should of just cancelled his line and let it be.


I do feel that they should start looking at upping the limits, with youtube in HD and more and more sites having mobile apps.

Same goes for cable companies like comcast's 250gb. We have now moved on the blu-ray rips which are 3-5gb a file. i've neared the 250gb limit a lot now.

 

[DivideBYZero]

10Gb. LOL. I don't blame Tmo for capping at that quantity.

 

[Bateluer]

I do wonder if the offender received notices of some kind letting them know they were getting close to, and eventually shattering, their bandwidth 'limit'?

 

[jalaram]

T-mobile does state in the contract that they have the right to throtle the speed after 5gb.
Its not like they are making you pay more money after 5GB. Its still unlimited.
Seriously though, 10gb ?? Most likely hes tethering the laptop.

It says in the article that the data was throttled, not stopped. If it's in the contract that data will be throttled after 5gb, I don't see where he has a case.

 

[SunnyD]

tmobile's limit was like 5gb, more or less like a unspoken rule. Tmobile doesn't charge for a tether option right now like say att/version/sprint.

10gb on a mobile phone is abuse, they should of just cancelled his line and let it be.


I do feel that they should start looking at upping the limits, with youtube in HD and more and more sites having mobile apps.

Same goes for cable companies like comcast's 250gb. We have now moved on the blu-ray rips which are 3-5gb a file. i've neared the 250gb limit a lot now.

No it's not. It's abuse if there's an advertised cap less than 10GB and the customer consistently exceeds it. If it's advertised as unlimited, 10GB < Unlimited, therefore it's not abuse. Companies needs to start reading the dictionary instead of trying to write their own.

 

[jalaram]

No it's not. It's abuse if there's an advertised cap less than 10GB and the customer consistently exceeds it. If it's advertised as unlimited, 10GB < Unlimited, therefore it's not abuse. Companies needs to start reading the dictionary instead of trying to write their own.

Read the article. It wasn't capped.

Your data usage in this billing cycle has exceeded 10GB; Data throughput for the remainder of the cycle may be reduced to 50kbps or less.

According to the lawsuit, the plaintiffs phone became “virtually useless” after his data speeds were throttled,

 

[DivideBYZero]

He will lose. The Ts & Cs are clear.

To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. If your total usage exceeds 5GB (amount is subject to change without notice; please check T-Mobile&#8217;s T&Cs on www.T-Mobile.com for updates) during a billing cycle, we may reduce your data speed for the remainder of that billing cycle. If you use your Data Plan in a manner that could interfere with other customers&#8217; service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan.

Game over.

http://www.t-mobile.com/Templates/Po...ons&amp;print=true

 

[tatteredpotato]

The argument is they still aren't limiting him, they are just throttling his traffic.

 

[Pepsei]

i have sprint moment, i use a third party software to get on the internet. i only do it at work all day. and my usage is about 4.5 gb a month... so 10 gb seems excessive...

 

[SunnyD]

Read the article. It wasn't capped.

Reread my comment. I wasn't referring to the article, but advertising terminology in general.

 

[SpicyCurry]

It says in the article that the data was throttled, not stopped. If it's in the contract that data will be throttled after 5gb, I don't see where he has a case.

Does anyone know what speeds it was throttled to? Potentially, if you throttle the speeds to 1Kbps, then it's basically unusable and the same situation as being capped. If the lawsuit is based on this, I could see it being reasonable in court.