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T-Mobile Slashes Fair Use Policy, Says Download At Home
nk497 writes "T-Mobile in the UK has revealed a new fair use policy, cutting caps from 1GB and 3GB to 500MB, saying mobile browsing doesn't include videos or large downloads. 'If you want to download, stream and watch video clips, save that stuff for your home broadband,' the company said. All those people who have bought smartphones with the aim of doing such things on the go may not agree with the mobile operator, however. Any user that goes over the new limit won't be charged, but will be blocked from downloading or streaming for the rest of the month."
1. It applies to everyone. They invoked the small print in the contract which says that they can alter it any time they like.
2. Everyone is misreading the switch. T-mob is from now on treating Google, Facebook, etc differently from video downloads and over-the-top media for billing purposes. Next stop on this train is called "bill per app" exactly as was originally intended with 3G/LTE VAS and IMS.
3. As per UK contract legislation all T-mob customers who are affected now have 30 days to terminate the contract if they do not like it. Very few will do though - most phones on T-mob are subsidised so to terminate the contract one has to pay the balance on it (at the outrageously inflated "not-locked-in price).
Baker's Law: Misery no longer loves company. Nowadays it insists on it
http://www.sigsegv.cx/
Usual IANAL, but I have done this before with mobile phones.
As above. Unfair Contract Terms Act, mainly - any contract of adhesion which contains unconscionable terms, which clauses allowing unilateral changes to terms are, falls under this legislation and any clause permitting is considered null. (as they normally have a severability clause to ensure that one invalid clause doesnt invalidate the whole contract)
This means that enforcing new terms unilaterally requires that they have a) terminated the old contract (as due to UCTA they cannot vary any terms unilaterally) and b) are *offering* you a new one. You do NOT have to accept their offer, at which point your business arrangement with them has ended.
If the phone was a gift (advertised as Free, or witha nominal cost) then you keep the phone and owe nothing more. No termination fees, nothing.
Make sure you follow up any phone call with a registered letter giving notice of termination due to non-acceptance, with a copy to their legal department, and a requirement to provide the PAC within 14 days (ofcom requires 3, but 14 is a "reasonable" minima given the circumstances - and you need to show you have been reasonable at every step) to get your number out. Ensure that you reserve the right to pursue them through small claims court. Make sure you cite either your enumerated rights to do so, which most contracts have somewhere in the small print, or point out UCTA which means you have those rights REGARDLESS of what they say.