T-Mobile Sued For Throttling ''Unlimited'' Data

[tayb]

10GB? Seriously? WTF was he doing.

I'm sorry but people like this guy who abuse the network are causing problems for EVERYONE else. D-bags like this are the reason data caps are becoming more and more common.

 

[Guest]

Internet providers are much worse at doing this. For instance every dsl carrier says they provide "up to" speeds, but they never deliver anything close and then your stuck in a contract. As for T-mobile I can not stand them. I had 2 months before my contract was up and lost my phone and called to shut it off and specifically said over and over that I will pay the next 2 months even if I don't have a phone. They ended up signing me up with a contract for 2 years anyways and I didn't even have service where I was working. When I called to tell them to stop charging me they said I told them I wanted to sign up and they had it recorded. After hours of arguing and calls I found out that they didn't even have me recorded or they heard what I actually told them.

 

[rajangel]

I'm with eddie here. It is unlimited. All he did was sign up for data. He didn't sign up for what "speed" he would get at all times. Putting away all the people that want blazing speeds all the time, I'd be happy where I live with a 50k connection.

This lawsuit is saying "I payed for unlimited data, so I want unlimited speed too!" It doesn't quite work that way kiddies.

 

[fknbbqamirite]

Read the terms and conditions. T-Mobile is bullet proof in this case.

Read July 2010 T/C's section 10: http/www.t-mobile.com/company/website/termsconditions.aspx?WT.z_unav=ftr__TC

Read June 2008 T/C's section 17: http/www.t-mobile.com/Templates/Popup.aspx?PAsset=Ftr_Ftr_TermsAndConditions2008&print=true

 

[welshmousepk]

Unlimited, means without a limit. throttling once you hit a 'limit' could in no way be legal under any fair advertising laws.

would be like buying a ticket to an all you can eat buffet, but being told after you have had a starter salad, you can only go up and get one grain of rice at a time.

 

[jamesedgeuk2000]

This guy is my hero, fight the corruption dude!

 

[Guest]

Unfortunately, 'unlimited' in this case only applies to data being downloaded, but not the speed itself.

However, it is STILL misleading.
A truly 'unlimited service' would not have a speed cap irrespective of the amount of data you download.

It is the responsibility of the ISP to inform the customer about the plan in detail when they are signing up.

True, the guy should have read the fine print, but unless you have a heck of a time on your hands and a lawyer (for those who aren't fully versed in the technicalities of the matter) then you won't be reading it.

If he did ask these questions up front and they deliberately withheld the info, then I suppose he could sue them on those grounds.
On the other hand, they can just as easily claim the fine print says the 'unlimited service' specifically describes a part of their service and not the entire service.

Be as it may, to the 'average joe' it's still misleading.

As for using up 10GB in a month over a phone ...
That's nothing.
A smartphone is a versatile mini computer and not just a phone.
The person in question could have used it for both business and personal aspects (both of which can exceed 10GB very fast).
I regularly go over 60GB per month.
True, I use my laptop for that, but you can easily use the smartphone in the same capacity.

The companies are to blame here really because they still use outdated technologies and charge outrageous prices for the services in question.
It's absurd.

 

[shanky887614]

personally i dont see why they do this

think about it the speed between two ussers gets split in half if there is not enough bandwith becasue they will both get the same lower speed

i think its discusting that they do this

 

[nebun]

[citation][nom]dhlee528[/nom]how did he use 10gb in month..[/citation]

porn???

 

[nebun]

[citation][nom]jamesedgeuk2000[/nom]This guy is my hero, fight the corruption dude![/citation]

he will not win since he did not read the small print

 

[Kahless01]

His fault for signing a contract he didnt read or didnt understand. another ridiculous lawsuit that is a prime example of the stupidity in this country. but hell thats the american dream, sue to get rich, even when it was your lack of responsibility that got you into the situation in the first place.

 

[jabliese]

Biggest problem with this case? It is being filed by someone who thinks 10GB a month makes his phone "essentially useless for anything other than making or receiving phone calls and text messages."

Be careful who you hold up as a hero, this guy has some issues.

 

[CptTripps]

This reminds me of "2 for the price of 1" beers in Mexico. They just forget to tell you that the price of a beer is $10 during that time.

 

[beachbod]

Hey thats exactly what my ISP does. Alaska Communication Systems. Yay me!