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T-Mobile Slashes Fair Use Policy, Says Download At Home

Posted by Soulskill on from the data-not-allowed-on-our-network dept.

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."

10 of 364 comments (clear)

  1. slow network? by Nuno+Sa · · Score: 5, Interesting

    I hope the public sees that as admission of having a bad network and move elsewhere :-)

    1. Re:slow network? by SuricouRaven · · Score: 5, Insightful

      This would almost be an acceptable justification, if not for one detail: They previously promised more then they are now able to deliver. This is bordering on false advertising, made legal only by a line of small print that allows them to change the contract any time they wish. If they don't have the ability to deliver larger amounts of data, they shouldn't have promised customers they would

  2. But... by moosehooey · · Score: 5, Insightful

    If they don't want you doing all these gee-whiz things with your phone, they should stop featuring them in their television commercials.

  3. Hey, why not... by xMrFishx · · Score: 5, Funny

    Just limit voice usage to 60 seconds a month. I mean, it's not as if you have anything good to say anyway. Why upgrade the network when you can just spread the current one thinner. It's fine.

  4. Re:Bait & switch by arivanov · · Score: 5, Informative

    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/
  5. Re:Bait & switch by Anne+Thwacks · · Score: 5, Interesting
    What is the point? The legislation is a sop. Its only value is so the government can say "we did something about it" without actually doing anything about it.

    We have a telecomms regulator with the regulatory ability of a bribed, wet cabbage in a soggy brown paper bag.

    Yes I am a bloody angry t-mobile customer with an Android phone, and I will go elsewhere as soon as I can afford it. This is not the only example ot t-mo UK being scum.

    --
    Sent from my ASR33 using ASCII
  6. Re:Dear T-Mobile, by Anonymous Coward · · Score: 5, Insightful

    Dear Customer,

    Your decision to cancel today comes as a clear indication that you make up one of the 1% of our customers who consume 90% of our network resources.

    As we don't make any money off you, we won't be sorry to see you go.

    Sincerely,

    T-Mobile.

  7. Re:Bait & switch by jpapon · · Score: 5, Insightful
    If credit ratings in the UK are anything like those in the US, they won't sue you for not paying.

    They'll just report that you have an arrears balance, which will destroy your credit rating and prevent you from ever buying a house, getting a subsidized phone, buying a car using a loan, getting a credit card etc etc etc.

    --
    -- Let us endeavor so to live that when we pass even the undertaker shall be sorry. -- M. Twain
  8. Re:Bait & switch by jimicus · · Score: 5, Insightful

    Here's what you do.

    Read your contract. While they're usually in pretty small print, the important clauses that apply here are probably not all that long or complicated - and there is every chance that there really is no clause in the contract that allows them to do this, particularly if you're signed up through a retailer like Carphone Warehouse.

    Once you've done that - and assuming I'm right and they have broken the contract - call cancellations and ask for a PAC code to move your number elsewhere. When they say you're still under contract, point out that T-Mobile have broken the terms of that contract.

    They may try a number of tricks to argue that it still applies. I've faced a similar issue with a different provider and I've been told:

    • "You aren't doing the thing we're charging you more for anyway, so it doesn't affect you and therefore doesn't apply". (Really? Where in the contract does it say they can do that? How do they know that your circumstances aren't about to change such that you will be doing it in the near future? Because you've got it in front of you, you're looking at the cancellation clauses and can't see anything of the sort. Ask these questions politely, calmly and firmly - don't back down until they've finally admitted it says no such thing in the contract.)
    • "Every other telco has done something similar." (Again, where in the contract does it say that they're allowed to do what they like without notice if everyone else is doing it? Again, don't back down)
    • "This affects everyone on T-Mobile, not just you." (Where in the contract does it say that it's perfectly OK if they do this to everyone rather than singling out one customer?)

    No doubt they'll invent some other argument. Same question applies though: where in the contract does it say that their argument is valid? You just have to remain calm, polite and firm.

  9. Re:Bait & switch by nosferatu1001 · · Score: 5, Informative

    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.