Slashdot Mirror


AT&T Threatens To Shut Off Service of Customer Who Won Throttling Case

suraj.sun writes in about the recent small claims case against AT&T's throttling of 'unlimited' plans. From the article: "AT&T has about 17 million smartphone customers on 'unlimited' plans, and has started slowing down service for users who hit certain traffic thresholds. Spaccarelli maintained at his February 24 small-claims hearing that AT&T broke its promise to provide 'unlimited' service, and the judge agreed. In a letter dated Friday, a law firm retained by AT&T Inc. is threatening to shut off Matthew Spaccarelli's phone service if he doesn't sit down to talk. Spaccarelli has posted online the documents he used to argue his case and encourages other AT&T customers copy his suit."

260 of 327 comments (clear)

  1. Duh? by MightyYar · · Score: 5, Insightful

    I have no love for AT&T and I'm glad the guy won, but if one of my customers sued me, I'd drop them in a heartbeat!

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    1. Re:Duh? by teknopurge · · Score: 4, Interesting

      I have no love for AT&T and I'm glad the guy won, but if one of my customers sued me, I'd drop them in a heartbeat!

      If you're not falsely-advertising your services, then you have nothing to worry about.

      We run a hosting company and have been putting up with this for years. We provide underloaded servers that have packages with hard limits to prevent abuse and to ensure people get what they pay for. All these "unlimited" hosting plans have been scams from day-1 and we're glad someone is finally getting held to task for the dumbing down of the market.

    2. Re:Duh? by ClioCJS · · Score: 5, Interesting
      It's not actually always legal. For example, if you take government tax breaks for providing a publi service, you don't get to pick and choose which public, even if they are suing you.

      Dunno the specifics here, but cell phones are a great way for companies to get a 2nd chance at changing the laws that were already settled for landlines, and that's part of what we're seeing here.

      My landline company cannot legally deny me service, EVEN IF i'm suing them. But part of that is the psuedomonopoly of landlines, which doesn't apply to cell phones. But probably should. Especially if they take one penny from the government, even in the form of tax breaks.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    3. Re:Duh? by whatkey · · Score: 3, Insightful

      Seriously? I hope you don't own a company that solely generates revenue from long and short-term contracts. Your customer demands you live up to the terms of your own contract, you lose in a court case, and then you (potentially) illegally breach the contract again? Nice. I hope everyone threatens AT&T. I work in the telecom industry, and "most people" only know the tip of the iceberg about AT&T...

    4. Re:Duh? by slapout · · Score: 2

      Can you say "two year contract"?
      It works both ways.

      --
      Coder's Stone: The programming language quick ref for iPad
    5. Re:Duh? by na1led · · Score: 1

      And then you'd get sued a second time, for discrimination!

      --
      -- By all means let's be open-minded, but not so open-minded that our brains drop out.
    6. Re:Duh? by Anonymous Coward · · Score: 2, Informative

      Well, apparently, the guy admitted to tethering, which the contract also forbids. You can argue whether it should be verbotten, or even allowed in the contract, but it is in the contract.

    7. Re:Duh? by Sponge+Bath · · Score: 2

      Somebody hasn't read the terms of their service. AT&T claims the right to terminate for any reason at any time.

    8. Re:Duh? by magarity · · Score: 5, Insightful

      and I'm glad the guy won

      I for one wonder why he won; he admits to sucking down the bandwidth due to tethering which is a clear violation of the terms of service he signed up for as part of getting unlimited bandwidth. If he'd used it all watching videos and whatever else you can do with just the phone itself, I'd be completely supportive. But are all the people complaining about ATT throttling them using so much due to tethering? If so, I've suddenly lost all interest and sympathy. Here I thought all the complaints were from people using their phones' internal capabilities and getting cut off.

    9. Re:Duh? by forkfail · · Score: 1

      But if the customer is unhappy? Nope - they're bound to the contract.

      Bastards.

      --
      Check your premises.
    10. Re:Duh? by Anonymous Coward · · Score: 5, Informative

      Your landline company couldn't drop you for no reason, and they couldn't drop you solely because you had sued them, but that doesn't mean they can't drop you for any reason. The guy who sued has admitted he's used his iPhone for tethering, in direct violation of his ToS, which gives AT&T every right to drop his account. The only reason they haven't already is they were clearly hoping to avoid this publicity. It's hard to come up with a direct analogy to a landline since there aren't many limitations on landlines, but if you were using something like a blue box on your landline to get free long distance, then your phone company would disconnect you in a heartbeat, public service or not.

    11. Re:Duh? by frank_adrian314159 · · Score: 1

      Unlike land-line service, wireless is unregulated and receives no government subsidy (caveats apply for such things as under-served communities and low-income subsidies which don't seem to apply in this case). As such, they can pick and choose customers (again caveats - excepting issues of discrimination, for example). In this case, this is a customer who they don't want to have and that seems to be legal to drop. I know I wouldn't this guy as a customer if I were AT&T.

      --
      That is all.
    12. Re:Duh? by Anonymous Coward · · Score: 1

      The judge must have ruled certain provisions null and void. Happens all the time. I wonder if a precedent wasn't set here on tethering.

      This reminds me of AT&T of the 70s and 80s. You know you had to pay for each jack and it violated the TOS to use a non-AT&T handset. This who forget history...

    13. Re:Duh? by BitZtream · · Score: 2

      They can say anything they want in the contract, that doesn't mean it overrides the law even if you signed the contract. If the law (a judge ruling for instance) says they can't drop him, then they can't regardless of the paper they signed says.

      Its important to note though, that no one said AT&T can't drop him. It seems they can so far until someone actually shows otherwise.

      I think the point here however is that if everyone does this and AT&T 'drops them' thats a half a billion dollars or so in lost revenue per month from lost unlimited plans. They'd probably think twice.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    14. Re:Duh? by cpu6502 · · Score: 2

      It's small claims court.

      Probably none of ATT's lawyers showed-up, so the judge never learned the customer was using tethering, and so he issued a judgement based on lack of knowledge. In a real court this guy would probably be torn to shreds by ATT's lawyers.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    15. Re:Duh? by mcavic · · Score: 2

      I have no more sympathy for this guy since he admitted to tethering. Running Remote Desktop from your phone for 10 hours a day is something that might be considered fair use for an unlimited plan. Plugging your phone into your PC and spending the day on Netflix or Second Life isn't.

      That being said, I think there are some other people who would deserve the win. All AT&T has to do is stop calling their plan unlimited, and then they can cap all they want. Just have two plans: Lite, and Standard. Advertise the caps for each of them, and be done with it.

      It's really not difficult.

    16. Re:Duh? by Runaway1956 · · Score: 1

      I don't use AT&T, or I'd be trying to get in on the fun. I did post the article to G+ hoping that some of my friends can do the honors.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    17. Re:Duh? by tripleevenfall · · Score: 4, Insightful

      AT&T isn't really advertising falsely, the data is unlimited. The speeds are limited.

      They should be ordered to clarify their advertising and say "3G speed up to 2GB" or similar.

    18. Re:Duh? by shawn(at)fsu · · Score: 1

      If they make you that mad why do you continue to do it? Get a pay as you go phone. No one forced you to sign the contract. You did it because you like the subsidized phones or something.

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    19. Re:Duh? by geekoid · · Score: 1

      "receives no government subsidy"
      yes they do. Who do you think backed the loans so the can build the infrastructure? Who paid for the 911 services?
      AT&T is a phone company. They get subsidies. Good luck showing the the Cell portion of the corporation in no way got an advantage from any subsidy to any other portion of the company.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    20. Re:Duh? by thsths · · Score: 1

      > I have no love for AT&T and I'm glad the guy won, but if one of my customers sued me, I'd drop them in a heartbeat!

      Yes, but I would assume that the 24months minimum contract period plus termination notice apply for both sides. In which case you hanged yourself with your own contract. 5/5 for style, 1/5 for thinking it through.

    21. Re:Duh? by LoudNoiseElitist · · Score: 4, Informative

      The data isn't unlimited, either.

    22. Re:Duh? by naasking · · Score: 3, Insightful

      AT&T isn't really advertising falsely, the data is unlimited. The speeds are limited.

      Which means the data is effectively limited as well. If you sell "unlimited plans" and then throttle speeds to the point where downloading 24/7 for a month will only net you 1GB of data, that's not very unlimited is it?

    23. Re:Duh? by Anonymous Coward · · Score: 1

      Remember these "Private" companies are using OUR airwaves. The airwaves belong to the people. They're leasing the spectrum. They should have to provide the service and stick to their commitments.

    24. Re:Duh? by dgatwood · · Score: 4, Insightful

      All these "unlimited" hosting plans have been scams from day-1 and we're glad someone is finally getting held to task for the dumbing down of the market.

      I have an unlimited hosting plan from DreamHost, and it has always worked quite well for me (currently in my second or third year, I forget). It works because they pay attention to what you're doing and assign you to a server based on how you use the service, e.g. poor-performing WordPress instances live in a festering cesspool all to themselves so that their search doesn't cause half-minute delays on other sites, static-only or nearly static-only sites are on servers with other static-only sites, high-bandwidth sites get sandboxed away from low-bandwidth sites, they limit the number of sites per Apache instance, etc. To be fair, if a site uses excessive CPU, they may ask them to move to a virtual private server, so I suppose it's not quite unlimited, but at least where bandwidth and storage are concerned, it is, and that's what most people mean when they call a hosting provider "unlimited".

      As always, YMMV.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    25. Re:Duh? by teknopurge · · Score: 2

      AT&T isn't really advertising falsely, the data is unlimited. The speeds are limited.

      They should be ordered to clarify their advertising and say "3G speed up to 2GB" or similar.

      It's misleading at-best.

    26. Re:Duh? by queequeg1 · · Score: 1

      I don't know about this particular court, but in many small claims courts, parties are not allowed to be represented by counsel (even if the attorneys are in-house counsel).

    27. Re:Duh? by Bengie · · Score: 5, Funny

      "AT&T isn't really advertising falsely, the data is unlimited. The speeds are limited."

      If I had an "unlimited" data plan, but after 5GB, I reduced your speed to 0, it's still unlimited, just relative to the new current rate.

    28. Re:Duh? by MrAngryForNoReason · · Score: 1

      They normally are fine for static sites as the "unlimited" services are normally limited by the following:

      • CPU usage
      • Memory usage
      • i-node usage

      The first two rule out dynamic sites that receive any reasonable amount of traffic. The last one is their way of controlling how much disk space you can use. Basically you have unlimited disk space, but you can only have a certain number of files before you run out of i-nodes so you can't for instance upload a million images to your unlimited web space.

      Of course there are a lot of other reasons the packages aren't suitable for serious/business web sites mainly due to the very rigid controls over access and settings, but that is the case with most shared hosting environments whether they are limited or not.

    29. Re:Duh? by FallSe7en · · Score: 1

      ...except that tethering IS one of the phone's internal capabilities.

    30. Re:Duh? by s73v3r · · Score: 1

      wireless is unregulated and receives no government subsidy

      I'm sorry, but you're completely fucking wrong.

      In this case, this is a customer who they don't want to have and that seems to be legal to drop. I know I wouldn't this guy as a customer if I were AT&T.

      And it shouldn't be, because that puts a huge fucking hurdle in a consumer's ability to get justice for you fucking them over. Consumer rights should vastly trump any "right" you think you have to profit. Especially in this case.

    31. Re:Duh? by JWSmythe · · Score: 1

          Right. There's always a limit.

          I worked for a place that provided unlimited service. Unlimited space, unlimited bandwidth. We had some specific restrictions to what could be served. They had to use our payment system, and provide content related to that system. The majority of the users did this perfectly. In exchange for complying to our restrictions, they had "free unlimited" hosting. We never took money from the client. We took an agreed upon percentage of sales via our payment system. It worked out very well for everyone.

          The real limits were what the machines could sustain. At the time, we were using 100Mb/s switches with GigE uplinks. Using TEQL, we bound two NICs together and could provide about 150Mb/s on a single machine. After that, we started running into memory and CPU capacity issues if they were serving lots of small files. Space was limited by what we could install in them.

          So, on machines that had 250GB drives (the largest at the time), you couldn't store 1TB of data. You couldn't serve up more than 150Mb/s. We had the occasional legitimate user (within the restrictions mentioned earlier) that we'd have to work with to serve their purposes. Data would be split between servers, and they could get multiple servers just for them. Still, we had bandwidth limitations of multiple GigE circuits. Our own main site used up the majority of that bandwidth, and was always our reason for expanding.

          I do hosting for friends and family. I moved over to a 25Mb/s CDR, and a decent amount of storage. For them, it's unlimited, at very reasonable prices. I'm done with hosting for the masses. Too many customers make for too many problems. I really don't want the pleasure of someone setting up a streaming porn site on my equipment, saturating my bandwidth, and then demanding to know why "unlimited" isn't really unlimited. I'm happier servicing a couple dozen customers with a few hundred sites. The don't get the headaches of wondering if they'll exceed their GB/month transfers and get hit with overage. I don't have the headaches of random people around the world complaining, doing chargebacks, or suing, because they want the world on a silver platter for $12.95/mo. That, and I like actually knowing my customers. It makes them much happier too. We can sit down over a beer and talk about stuff which sometimes includes their hosting. :)

      --
      Serious? Seriousness is well above my pay grade.
    32. Re:Duh? by JustNilt · · Score: 1

      Not a perfect analogy; most mortgage contracts lay out the foreclosure process very specifically. Choosing to stop paying your mortgage doesn't necessarily break the contract, it simply allows them to potentially foreclose on the property. Of course, every mortgage can be different so this may not apply universally.

      --
      You know the thing about UDP jokes? I don't care if you get it or not.
    33. Re:Duh? by MightyYar · · Score: 1

      Huh? What companies? I'm pretty sure you aren't one of my customers.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    34. Re:Duh? by s73v3r · · Score: 1

      Unless the consumer has the same rights, and can do so without penalty, then that clause should not be allowed.

    35. Re:Duh? by s73v3r · · Score: 1

      Except you're placing an arbitrary and retarded limit on the data. There's no difference from using the data on the phone, to using it as tethering.

    36. Re:Duh? by Dahamma · · Score: 1

      I think their primary argument will be that he was tethering (and even admitted it in court). Since tethering was clearly not allowed by the ToS and AT&T has an added service allowing tethering if he wanted to do it, they really do have a pretty good case not only for dropping him, but winning their appeal. If he is going to hold AT&T to their side of the contract, he has to hold up his side as well...

      Someone who hasn't actually broken their ToS and yet has still been throttled needs to sue AT&T for this to really go anywhere.

    37. Re:Duh? by MightyYar · · Score: 1

      I just did this - I feel like a sucker for paying T-Mobile 40 extra dollars every month for so long.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    38. Re:Duh? by s73v3r · · Score: 1

      Care to back that statement up? Or are you just talking out of your ass because you're upset that a consumer actually won something, and was able to stand up to the big guy?

    39. Re:Duh? by Lumpy · · Score: 2

      "but if one of my customers sued me, I'd drop them in a heartbeat!"

      And he will enjoy suing you again. It's a vicious cycle when you lie about service and whine about getting used because you lied about what you were selling.

      Moral of the story? Dont be a scumbag company and you will not open yourself up for the vicious lawsuit cycle.

      --
      Do not look at laser with remaining good eye.
    40. Re:Duh? by Anonymous Coward · · Score: 4, Funny

      AT&T isn't really advertising falsely, the data is unlimited. The speeds are limited.

      >

      Only your bill is unlimited.

    41. Re:Duh? by MightyYar · · Score: 1

      Seriously?

      Yes, seriously. Why would I be interested in servicing a customer that just cost me $8000 plus ongoing court costs? Just like bad relationships, you need to know when to fire a bad customer.

      That said, I don't like AT&T and am not taking their side - I'm just not at all surprised that they are dumping this customer. My OP was more of a critique of the headline on this story than anything else.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    42. Re:Duh? by Lumpy · · Score: 1

      "Unlike land-line service, wireless is unregulated and receives no government subsidy "

      Really? I'd like all that money back, plus 5% interest, that was given to the wireless companies for building out infrastructure then.

      Oh and they also get subsudies for giving poor people obamaphones. Forgot about that one didn't you.

      --
      Do not look at laser with remaining good eye.
    43. Re:Duh? by Anonymous Coward · · Score: 5, Insightful

      Which is what we're talking about here...

      Since they don't CLEARLY disclose that it's "unlimited data" in their advertising, it's misleading at best. This is why they lost the damn lawsuit- you can't advertise it one way and then take it basically away in the fine print- that's called bait-and-switch and it's illegal.

      I honestly wish people would QUIT trying to follow the weaseling that the companies use- the law is rather explicit on this subject,

      "Unlimited" means just that- that they're not limiting the use of the resource to it's fullest. "Unlimited data" isn't even accurate as they're actually limiting just how much data you can consume by throttling. So, folks, QUIT running that one up the flagpole. Doesn't match the reality of things. Doesn't match their requirements per law.

    44. Re:Duh? by MightyYar · · Score: 2

      And it shouldn't be, because that puts a huge fucking hurdle in a consumer's ability to get justice for you fucking them over.

      I don't think that's true at all. There are 3 other major postpaid cell providers in the US, plus about a dozen national pre-pay. This guy won an $8000 judgement, which would pay for about 8 years of unlimited service on Sprint. I fail to see any "huge hurdle".

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    45. Re:Duh? by Artraze · · Score: 2

      Well, yeah. That phone wasn't actually free you know.

      The major thrust of the contract is that they give you a phone in exchange for guaranteed business. Since you already have the phone, their part of that bargain is fulfilled and they can cancel the contract without penalty (as they are the ones that 'lose' in such a case). After two years, you've fulfilled your side and can cancel the contract without penalty too.

    46. Re:Duh? by Lumpy · · Score: 1

      Hello I pay for a 4gb plan through them. If they throttle after 2gb then it is complete FRAUD. In fact I currently have a lawyer looking into it he almost drooled himself when I asked about how many business accounts are paying for 4Gb and not getting it?

      --
      Do not look at laser with remaining good eye.
    47. Re:Duh? by CubicleZombie · · Score: 2

      Somebody hasn't read the terms of their service. AT&T claims the right to terminate for any reason at any time.

      Anybody can break a contract at any time for any reason. The only recourse for the other party is to sue for damages.

      That's basic contract law.

      In the case of AT&T, the damages are the cost of your phone subsidy. Thus the termination fee. For the customer? Harder to prove damages. Perhaps if you missed out on a Verizon sale to go with AT&T you could sue for the difference, but that's not likely.

      Companies all the time are trying contracts for services. Whenever I cancel one, they cry, "But you agreed to the contract!". Sure, now I'm unagreeing to the contract. Prove damages, or STFU.

      --
      :wq
    48. Re:Duh? by DontBlameCanada · · Score: 1

      Data is data.

      Whether its an app on a phone or my laptop plugged into my phone consuming bandwidth, its just bytes on the APN or bearer that the service provider has configured for data traffic. The only distinction is that the data is eventually routed over an interface with a direct electrical connection from the phone to another device. If I wrote an app that sent the data to a qcode-like on-screen icon that was read by a webcam, I could get around their "tethering" charges and still provide internet access to another device.

    49. Re:Duh? by NatasRevol · · Score: 1

      Data is data. Why does it matter what or how much he used, on an unlimited plan?

      --
      There are two types of people in the world: Those who crave closure
    50. Re:Duh? by magarity · · Score: 1

      This is only true for individuals. When one party is a corporation it is OK for a lawyer to show up at small claims court. They have to be careful though, the typical small claims court judge will loose patience and rule for the little guy if the lawyer tries any legal double talk.

    51. Re:Duh? by Anonymous Coward · · Score: 1

      Don't be stupid. The contract says no tethering, so if he tethers, they can absolutely drop the fucking contract. But they can't limit the data that was sold as unlimited.

      Anyway, I'm not on AT&T, but it's easy to run up >5GB on a smartphone -- 4 hours a week of TV shows (XviD scene releases) will do it. And there's actually phones these days with 720p displays, so make that 1.5 hours of TV (x264 scene releases). I can only assume licensed streaming options consume similar data (potentially more for rewatches), since I don't use them.

      The point is not whether it's tethered to a PC, but whether you're using it as your primary network connection. You can do the latter without the former on any sane smartphone.

    52. Re:Duh? by GameboyRMH · · Score: 5, Insightful

      You are wrong, but at the same time it's true that unlimited isn't truly unlimited. Here's how it works.

      Say you're on a "true unlimited" monthly data plan, and you get a download speed of 100kbps. You're actually buying 1 month's worth of data @ 100kbps, or about 259gb. Now that number is not infinity but that's what people expect when you say unlimited - unlimited data at the advertised speed, the only limitation being time itself. If you offer a 100kbps plan that doesn't let you download 259gb per month, and call it unlimited, that's when people will feel that they've been lied to. There is not only the natural limitation of time, but also you're not delivering the advertised speed.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    53. Re:Duh? by BradleyUffner · · Score: 4, Insightful

      AT&T isn't really advertising falsely, the data is unlimited. The speeds are limited.

      Which means the data is effectively limited as well. If you sell "unlimited plans" and then throttle speeds to the point where downloading 24/7 for a month will only net you 1GB of data, that's not very unlimited is it?

      So by that bizarre logic, you're suggesting that ATT is legally obligated to ensure they can sustain 100% of theoretically possible 3G bandwidth at every possible location in their network where there is any viable signal at all?

      They are obligated to provide what they advertise. If they can't provide it, they shouldn't advertise it.

    54. Re:Duh? by Bill_the_Engineer · · Score: 5, Informative

      Actually his logic suggests that ATT is legally obligated to not put artificial barriers like throttling to the data access.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    55. Re:Duh? by magarity · · Score: 1

      Except you're placing an arbitrary and retarded limit on the data. There's no difference from using the data on the phone, to using it as tethering.

      Contracts that specify illegal activity are null and void. Contracts that specify arbitrary and retarded activity are perfectly valid; that's what this guy signed up for, broke, and is now whining about. No sympathy.

    56. Re:Duh? by simtel · · Score: 2, Insightful

      I think it's more "don't artificially limit it via per-user throttles".

    57. Re:Duh? by Anonymous Coward · · Score: 1

      Those are however good reasons for why the unlimited packages are great for personal/get-it-out-there sites. You can always migrate up if your site is income generating, what you can't do is pay a bandwith bill if your site gets slashdotted. It's important to understand the limitations, but what it boils down to is that people don't want to occur unexpected usage bills nor have their site go down on a regular basis because their 4GB of trafic ran out.

    58. Re:Duh? by khallow · · Score: 4, Insightful

      So by that bizarre logic, you're suggesting that ATT is legally obligated to ensure they can sustain 100% of theoretically possible 3G bandwidth at every possible location in their network where there is any viable signal at all?

      I must agree. If they didn't want to fall under that bizarre logic, then they should advertise as such.

    59. Re:Duh? by wierd_w · · Score: 4, Informative

      If they actively advertise that such service is available there (infamous coverage map scandal material here), then yes.

      Otherwise, it is false advertising.

      They like to advertise spotty coverage areas with a black/white brush of "covered!" In the hopes that people in those areas will switch to them and become saddled with a contract. As a consumer who would be so saddled, I feel they are obligated to satisfy their promises of service to the people they dupe this way.

      So, either:

      1) they stop lying about effective coverage, and give a 60% theshold before declaring an area "covered" (meaning you get between 3 and 4 bars on a 5 bar indicator), or shade their coverage map with a gradient to show realworld effective coverage.

      2) put up, or shut up-- and actually deliver on what their advertising drones spew.

      Just because that is inconvenient or expensive for them, does not justify false advertising.

    60. Re:Duh? by queequeg1 · · Score: 4, Interesting

      That again depends on the court. Here in Oregon (where I practice), a corporation that sends and attorney to small claims court without having received prior permission from the judge will get tossed from the courtroom and the attorney could potentially be sanctioned. And judges here rarely give such permission. When my employer gets sued in small claims, we generally send a non-attorney from our risk management department.

    61. Re:Duh? by Sponge+Bath · · Score: 1

      ...that doesn't mean it overrides the law

      Agreed. I would not be surprised if there is a clause in AT&T's contract allowing rectal penetration of subscriber's pets, but Frisky is probably safe if that goes to court.

      ...no one said AT&T can't drop him.

      Just the post I was responding to.

    62. Re:Duh? by N0Man74 · · Score: 1

      I suppose that if I opened a buffet style restaurant, and advertised that it is "all you can eat", but require that all customers eat off of a 1 inch plate, and they must take that plate back to the table to eat, then I suppose that is still "all you can eat", right?

    63. Re:Duh? by SiChemist · · Score: 1

      He won a judgement of $850, so you're off by almost an order of magnitude.

    64. Re:Duh? by cpu6502 · · Score: 1

      Hardly. I hate corporations.

      It's typical for them to not bother with small claims cases. They don't even send a lawyer, so it's just the customer and the judge in the room, and the customer usually wins that first round. (Then the corporation will either appeal the case, or just let the decision stand.)

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    65. Re:Duh? by Talderas · · Score: 1

      Actually, his logic suggests that even without barriers on bandwidth it still isn't unlimited since even at 24/7 for a month there will still be a cap.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    66. Re:Duh? by SiChemist · · Score: 1

      Again, the amount he won was $850. Quit exaggerating.

    67. Re:Duh? by jd2112 · · Score: 1

      AT&T isn't really advertising falsely, the data is unlimited. The speeds are limited.

      Which means the data is effectively limited as well. If you sell "unlimited plans" and then throttle speeds to the point where downloading 24/7 for a month will only net y ou 1GB of data, that's not very unlimited is it?

      So by that bizarre logic, you're suggesting that ATT is legally obligated to ensure they can sustain 100% of theoretically possible 3G bandwidth at every possible location in their network where there is any viable signal at all?

      Henry Ford sold model Ts "in any color as long as it's black". If AT&T sold model Ts they would be available "in any color" with the "as long as it's black" burried under 25 pages of legalese.

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    68. Re:Duh? by ohnocitizen · · Score: 1

      IANAL, and I am curious. Would such a retaliatory move give the customer grounds for another suit?

    69. Re:Duh? by Jeremiah+Cornelius · · Score: 3, Funny

      "A criminal is a person with predatory instincts who has not sufficient capital to form a corporation."
      -- Howard Scott

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    70. Re:Duh? by Nihilomnis · · Score: 1

      Sort of. It would be more like advertising all you can eat with 1 foot plates, and then after the customers eat a certain amount, the plate starts shrinking, but not advertising that.

    71. Re:Duh? by MightyYar · · Score: 1

      Whoops, sorry - I had read the story earlier in the day and I guess had a brain fart. Doesn't really change my argument, though.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    72. Re:Duh? by Maxo-Texas · · Score: 1

      If you limit the speed of the data, then you limit the amount of data provided per month.

      For example, if I limited you to 100 bytes per second, then you are limited to 2531.25KB per month.

      So at about 1,000 bytes per second, you are limited to under 3gb per month.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    73. Re:Duh? by MightyYar · · Score: 1

      You again? :)

      Yup, sorry. Reading back over TFA, I think my brain confused him and the Prius owner mentioned in the article.

      Once again, though - doesn't really change my argument - he can still buy almost 11 months of unlimited on Sprint.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    74. Re:Duh? by jazman_777 · · Score: 2

      The smart ones go into politics, because that's where the real money is.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    75. Re:Duh? by idontgno · · Score: 2

      Well, if you're wanted to be extremely literal about it, you can argue that AT&T is legally obligated to sustain infinite download speed to infinite data, because nothing which is finite can be called "unlimited". But that would be silly.

      Obvious, there's a judgment call, and the difference between a customer's judgment and AT&T's judgment is the heart of the controversy.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    76. Re:Duh? by wierd_w · · Score: 4, Insightful

      Tethering is equivalent to the "3rd party handset or device" restriction that was considered so onerous back in the 60s and 70s.

      Basically the phone company said "to ensure quality service, we need to prohibit unlicensed devices from being connected to the telephine network."

      It was shot down at the end of the 70s, which is why you can attach answering machines, caller ID readers, and cheap chineese phones.

      Tethering is the same principle: attaching an "unaproved" device (computer) to their network.

      This is exactly in line with the gp's argument about 2nd chances to change the law.

      The "it degrades our network!" Line didn't hold up then, it shouldn't hold up now. Last I checked, a bit originating from a computer instead of a phone was not directly deleterious to any hardware in a cellular network. You could argue that tetherers use more bandwidth, but that is an ancilliary argument. Tethering itself (what is forbidden) does not harm their cellular network in any way. Transmitting excessive data, which is not what is forbidden, is what causes QoS harm.

    77. Re:Duh? by mcavic · · Score: 1

      Wireless bandwidth is a limited resource, and all kinds of unlimited plans usually have limits. I have free long distance at home, but that doesn't mean I can run a long distance dialup connection 24/7. Netflix is an unlimited DVD plan, but if you rent a DVD and return it every day, they'll start to throttle you. Netflix got sued for it too, so all they had to do was disclose the fact that they might throttle.

    78. Re:Duh? by wierd_w · · Score: 1

      But unlike t-mobile, att does not even give you the option to buy the phone outright.

      Don't give me shit about how nobody does that, because I am somebody, and I did exactly that.

      The ability to get out from under an onerous termination fee and support contract for a lump sum of a fair market value is worth its metaphorical weight in gold.

    79. Re:Duh? by Sarten-X · · Score: 1

      No, no, and no. See, here at Slashdot, we are anti-corporation. If anyone related to an idea makes a profit that's shared outside the inventor's immediate family, that's wrong! If a contract isn't either the GPL or BSD license, it's wrong! If somebody with a completely different situation ends up with a different deal than somebody else, that's wrong

      --
      You do not have a moral or legal right to do absolutely anything you want.
    80. Re:Duh? by Jeremiah+Cornelius · · Score: 1

      Their jobs in Government? Facilitating the siphoning of public coffers into the pockets of corporations which offer dubious returns to holders of common-stock, while advancing the fortunes of officers and cronies.

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    81. Re:Duh? by CaptainLugnuts · · Score: 1

      It would be interesting to hear a Judge's take on AT&T dropping him. Saying "We broke the contract, got called to court, lost, and now will terminate the contract over that." A Judge might not let them slide no matter what the wording in the contract if AT&T broke the contract first.

    82. Re:Duh? by zzsmirkzz · · Score: 1

      AT&T isn't really advertising falsely, the data is unlimited. The speeds are limited.

      They sell Unlimited Data Plans . Reading comprehension time - The entire plan was advertised and sold as unlimited, meaning without limits (namely artificial limits) of any kind. Capping the total amount data is limiting the plan. Capping the speed (at any time, for any reason) is a limiting the plan.

    83. Re:Duh? by forkfail · · Score: 1

      That's like saying you can go to an all you can eat buffet, but must take the food back to your table one spoonful at a time after the first full plate. You must also wait in a 3-5 minute line for each spoon full.

      Sure - you can have all you can eat - but it's meaningless, and you won't get full.

      --
      Check your premises.
    84. Re:Duh? by forkfail · · Score: 4, Informative

      So by that bizarre logic, you're suggesting that ATT is legally obligated to ensure they can sustain 100% of theoretically possible 3G bandwidth at every possible location in their network where there is any viable signal at all?

      Beautiful example of a strawman.

      The argument is that ATT (and t-mobile, for that matter) should provide what they advertise, and it is their due diligence to make sure that those things that they control work as advertised.

      So - no - they can't help you if you're in your basement.

      But when they intentionally damage the service they've sold you as "unlimited" - yeah, that is flat out unethical and pretty much fraud.

      --
      Check your premises.
    85. Re:Duh? by ooshna · · Score: 2, Insightful

      A cap due to technical restrictions is different from a cap with artificial restrictions. I don't hear anyone complaining about cable companies that advertise unlimited data but only give them close to the advertised speeds.

    86. Re:Duh? by forkfail · · Score: 1

      bandwidth = data / time

      The companies are reducing your bandwidth. This means that either they're increasing time (that would be a neat trick), or they're reducing data. If they're reducing data, it is not unlimited any more, now is it?

      --
      Check your premises.
    87. Re:Duh? by Ihmhi · · Score: 1

      Right, a good analogy would be "All the water you want through a 1" copper pipe. And the pipe has a valve that might get tightened if you use too much."

    88. Re:Duh? by forkfail · · Score: 2

      They get the rights to spectrum, which is supposed to be publicly owned (though, that too may have been permanently sold off to the corporations).

      --
      Check your premises.
    89. Re:Duh? by xkenny13 · · Score: 1

      Depends, I'm still grandfathered under the "unlimited data" plan, so AT&T cannot legally cap the amount of data I am using.

      Lucky for them (and for me?), I'm not one of the high bandwidth users who watch videos all day on my phone ... but if someday I need to use that much data off the 3G network, I did pay for it (have been for 2-3 years), and it should be readily available to me.

    90. Re:Duh? by mattack2 · · Score: 2

      Tethering is equivalent to the "3rd party handset or device" restriction that was considered so onerous back in the 60s and 70s.

      Then you or someone else should sue them, make that point, and win, extending the Carterphone decision http://en.wikipedia.org/wiki/Carterfone to cover this case.

      Up until then, it's their equipment, and they can say how you use it (especially since you're legally agreeing to their decisions when you sign up for the service). I think it sucks too, but the end user agreed to those limitations.

    91. Re:Duh? by xkenny13 · · Score: 1

      Many restaurants can/will limit seating time to 1 hour, or maybe 90 minutes ... buffet or not.

      A "free refills" coffee drinker may not eat up too much in materials, but use of the table for hours on end is another story entirely.

    92. Re:Duh? by N0Man74 · · Score: 1

      You are assuming that people using what AT&T considers an excess amount of data are abusing their unlimited data, and that's simply not completely true.

      It is completely disingenuous for providers to paint users as abusers for using the very same high-bandwidth applications that they are constantly advertising in their ads! (Netflix, Pandora, movies on demand, etc). They are using it as advertised.

      I easily hit over 1 GB a month on my phone, and I'm not a power user, I don't watch Netflix on my phone, I might stream maybe a youtube video once a week on my phone, and only stream audio a few times a month. If I only semi-regularly used the advertised features of my phone, I'd easily be in the top 5% "network abuser" category.

    93. Re:Duh? by CubicleZombie · · Score: 1

      No judge will ever force AT&T to provide service to this customer. They can cut him off at any time. The ONLY question is whether they can try to bill him an ETF. Good question, considering they've both breached the contract, but no way are they going to waste a court hearing over a couple hundred bucks.

      IANAL, but I did take a kick ass contract law course once.

      Two fundamentals of contract law:

      1. I give you this and you give me that.
      2. You can't force anyone to do anything.

      The first is important because value has to travel both directions. "I hereby give you my car" is not a contract. "I hereby give you my car and you give me a hundred dollars" is a contract.

      Let's say you show up with the $100 and I change my mind. Can you make me sell the car? No way! Can you make me pay for your $10 cab fare for the ride over? Yes. Those are damages. My breach of contract cost you $10.

      Let's say you don't show. Can I take your $100? No way! But if the car depreciated while I was waiting on you and now the car will only sell for $90, you could be liable for the $10 difference. Those are damages. Your breach of contract cost me $10.

      --
      :wq
    94. Re:Duh? by Talderas · · Score: 1

      Why would you assume that? They provide you a subsidized phone in turn you promise to purchase a service from them for a period of time. They've already fulfilled their part of the contract (providing the subsidized phone).

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    95. Re:Duh? by Anonymous Coward · · Score: 1

      *WE* paid for all the fiber across the country, and then Uncle Sam *GAVE* it to the telcos.

      No subsidy my ass....

    96. Re:Duh? by bondiblueos9 · · Score: 2

      Like Olive Garden after your first bowl of pasta.

      --
      Warning: The Surgeon General Has Determined that Sigs are Dangerous to Your Health
    97. Re:Duh? by wstrucke · · Score: 1

      Honestly, I could go on about how much money and effort is really involved in supporting what is currently being advertised and sold to customers as "unlimited", but at the end of the day this is about false advertising. If you sell "unlimited" without any caveats and then renege without consideration for your customers you should be sued.

    98. Re:Duh? by forkfail · · Score: 1

      Frisky may be safe if the judge allows it in his courtroom (the contract says that Frisky can't sue, that arbitration must be used). Also, in the meantime, there's a few hundred thousand Fido's getting it without lube while the whole thing is pending.

      And let's face it. you have to have a cell phone in the modern professional world. All the providers pull this crap; t-mobile and ATT seem the worst, but Verizon isn't much better. So, really, the whole "you have a choice" meme doesn't really cut it.

      --
      Check your premises.
    99. Re:Duh? by forkfail · · Score: 1

      An unlimited plan with limits... isn't.

      And that is the core of the matter - the bait and switch approach the carriers always seem to take.

      --
      Check your premises.
    100. Re:Duh? by Fjandr · · Score: 1

      I just discovered that T-Mobile no longer offers no-contract plans for people who already own phones. Used to be you'd actually get a discount over a comparable contract plan if you owned your own phone. Not anymore...

      I believe I'll be moving to pay-as-you go the second my contract is up (or they change the terms of it by so much as a single word).

    101. Re:Duh? by Larry_Dillon · · Score: 1

      Sure, all services are "oversold". A classic example is that it would cause havoc if everyone on a city sewer system flushed at the same time.

      But advertising "unlimited" plans and overselling is a business model that the provider decided to use. They are none-the-less obligated to provided sufficient bandwidth for who-ever happens to be using the system at any given time. They just can't oversell as much as they would perhaps like to.

      --
      Competition Good, Monopoly Bad.
    102. Re:Duh? by YojimboJango · · Score: 3, Insightful

      Straw man. Unlimited != Full speed all the time. Unlimited means that they're not limiting it. Your basement walls limit it and that's fine. Cosmic radiation limits it, and that's fine. Your other users clog up the spectrum and that's a grey area; maybe it's fine if you're making an effort to up the transmitters in the area, and maybe it's not if you're cutting costs by taking them down.

      If you're paying money for software and hardware to limit, it's no longer unlimited. That is what they're doing.

    103. Re:Duh? by tripleevenfall · · Score: 1

      It's unlimited in all the same senses it ever was unlimited. Your data has always been capped at (achievable average transfer rate * number of seconds in a month).

      "Unlimited" means you can access the service for an unlimited amount of TIME, not that you have infinite bandwidth. (that would be quite a trick).

      AT&T is still giving unlimited access to their data network. They are simply reducing transfer rates above a certain milestone.

      It's technically true in the same way as it's ever been true, but the new policy makes the claim misleading and they should have to clarify.

      We need some kind of regulation that requires throttling to be clearly delineated anytime data caps are mentioned.

    104. Re:Duh? by HapSlappy_2222 · · Score: 5, Insightful

      If I go into a restaurant that advertises "all I can eat!" it means I can eat as much as I want, until I cannot or do not want to eat any more. If I'm a little dude, this will be far less than if I'm a big dude, but the restaurant shouldn't be allowed to prepare food for the buffet more slowly if a fat bunch of folks blunders through the doors. If they do, is it really "All you can eat"? No, it's "eat all that we're willing to bring you."

      As far as inviting customers into a buffet type purchase... well, even the unlikely scenario of having just one single person consume ALL of the restaurant's resources is the risk of advertising an all-you-can-eat buffet. The risk is hedged against the very powerful advertising draw of a "limitless" purchase. What the owner is hoping for is the overall average of food consumed/person will be profitable. At the very least, the restaurant should inform customers that after x plates of food they can only have x more plates of food per hour, and let them decide if the price is worth it. But look what just happened! Our restaurant lost the draw of the "limitless" at the expense of hemming their (larger) customers in. When selling stuff, you can't have it both ways.

      This is what AT&T (and others) have been advertising their "Unlimited" plans as. "Use as much data as you want; hell, glut yourself on it!! Err.... unless you're identified as a data glutton, in which case you have to consume your unlimited data no faster than we're willing to arbitrarily provide it.". Slowing the speeds artificially after a customer consumes an arbitrary amount of data is the issue. You cannot do this and still attempt to advertise the plan as "Unlimited". Nobody's asking AT&T to provide both unlimited speeds and unlimited data; we're simply asking them to allow us to use all the data we want, at the advertised rate, or to stop marketing the plan as "Unlimited" entirely, because it's not.

      Now I'm hungry, and yes, I'm blaming AT&T for that, too. Dammit.

    105. Re:Duh? by mcavic · · Score: 1

      Yes, but the point is that the carriers don't even have to change what they're doing. All they have to do is disclose it up front. But everyone wants to use the word Unlimited to get more sales.

    106. Re:Duh? by tripleevenfall · · Score: 1

      A friend works for a popular seafood restaurant that briefly ran a promotion on the slowest night of their week advertising all-you-can-eat crab legs. It was a complete disaster. People sat at the tables gorging themselves for 2, 3 hours and the restaurant couldn't turn the tables and lost a ton of money. And this is a restaurant that normally runs a buffet every night of the week.

      So no, the restaurant analogy is not the best in this case.

    107. Re:Duh? by tripleevenfall · · Score: 1

      it's a bit of a silly argument on both sides, because nobody can make decent use of Netflix, et al, on AT&T's network. It's simply too slow.

    108. Re:Duh? by PitaBred · · Score: 1

      To some extent. But it could be pretty strongly argued that disallowing tethering is part of an unconscionable contract (what with their right reserved to change terms whenever they want). Which, IIRC, generally renders whole contract null.

    109. Re:Duh? by Fjandr · · Score: 1

      No, they won't waste a court hearing over a couple hundred bucks. They'll try to collect the ETF (assuming they decide they really want it) then sell the "debt" to a collection agency if they can't collect. It then goes onto a credit record for as much as 7 years, barring the person suing AT&T and/or the agency who purchased the debt (and winning, of course). They can do this even when they could not claim damages, such as if the person owned their own phone outright. They don't need the courts in most cases. They have enormous power to inflict lasting financial harm, and all it requires is a single, automated electronic notification to be sent out from their collections system.

    110. Re:Duh? by myth24601 · · Score: 2

      AT&T isn't really advertising falsely, the data is unlimited. The speeds are limited.

      They should be ordered to clarify their advertising and say "3G speed up to 2GB" or similar.

      I bought a 6' fence one time that was 33% off. Come to find out, the 33% was off the hight, not the price so I ended up paying full price for a 4' fence.

      --
      No matter where you go, there you are.
    111. Re:Duh? by arth1 · · Score: 1

      A cap due to technical restrictions is different from a cap with artificial restrictions. I don't hear anyone complaining about cable companies that advertise unlimited data but only give them close to the advertised speeds.

      That's probably because you only read local news, or news from areas of interst to you. In some countries it is indeed illegal advertising to advertise speeds the customer doesn't get, whether the reason is technical or otherwise. If the speed is "up to" and not a CIR, the words "up to" or the actual speed range must be as prominently displayed as the speed they claim, and if known, the typical rate must also be displayed.

      And this is the way it should be, I think.

      As for "unlimited", that surely implies not placing any extra limits on it, no matter what the limit is. Else it's an outright lie.
      I think it's high time that the FCC stepped in and at least demand that customers get to see exactly what they're buying, whether they are technical enough to understand the information or not. If "unlimited data" is limited to incoming, and/or there are limits on other sockets than tcp with remote port 80 or 443, then that needs to be in the contract. The customer surely has a right to know before signing a contract.

    112. Re:Duh? by wierd_w · · Score: 1

      Really? My 50$/mo throttled (but unlimited otherwise. They are upfront about the throttling) data plan hasn't gone up.

      No termination fee that I am aware of. I upgraded from pay as you go so I could get the data plan.

      50$/mo is way cheaper than comparable "unlimited talk and text + throttled data" plans from either verizon or att.

    113. Re:Duh? by HapSlappy_2222 · · Score: 2

      Logically, we all know "Unlimited" is silly. Simply substitute "Unlimited" for "Infinite" and you can see how unrealistic the concept is. Your reasoning also shows what a farce "Unlimited" is, as well.

      I think what most people assume they're getting when they buy an "Unlimited" product is they are able to consume as much of that product as they possibly can. When you buy "Unlimited" data, or "Unlimited" texts, "Unlimited" talk minutes, or "Unlimited" (all-you-can-eat) food, or "Unlimited" water from the city, or whatever the hell "Unlimited" else, all you're expecting is that A) it'll consistently and easily be there for you to use, no matter how much you use it, and B) you won't get charged more if you use "too much".

      Unfortunately with "Unlimited" data plans, you get either A) or B), not both. If you use too much, you get less, negating A), and to undo this restriction, you have to pay more, negating B). That's not "Unlimited" by even the common advertising usage of the word. Let's say they did this with texts. Wouldn't it just piss your right off to if an AT&T rep told you "After 100 texts, all subsequent texts are only sent 30 minutes after you queue them. But, simply by paying $0.10 per text, you can have this *limitation* on your Unlimited texts removed. Shall I sign you up?"

    114. Re:Duh? by TheCycoONE · · Score: 1

      The real money is private, the government just has a lower barrier to entry. (I'm Canadian so I don't know if this holds true for the US)

    115. Re:Duh? by HapSlappy_2222 · · Score: 1

      Bingo.

      Wait.... it's like playing "Bingo" while the announcer slowly loses volume the closer you get to winning.

    116. Re:Duh? by arth1 · · Score: 2

      Many restaurants can/will limit seating time to 1 hour, or maybe 90 minutes ... buffet or not.

      Please tell us which restaurants those are so we can avoid them.

      Amuse bouche, aperitif, cold apetizer, hot apetizer, main course, dessert, cheese, avec, wines - all in less than an hour? No thanks.

    117. Re:Duh? by Mitreya · · Score: 1

      But are all the people complaining about ATT throttling them using so much due to tethering?

      There should be another lawsuit that strikes tethering provisions from TOS. They should have no say on how I use the phone. They might as well disallow watching porn on the phone in the hopes that this will reduce bandwidth use.
      And yes, they are not a monopoly, but rather an oligopoly with ~3 competitors who have identical prices and rules (don't think T-Mobile or Verizon allows tethering). So I really don't have any choice, do I?

    118. Re:Duh? by nthwaver · · Score: 1

      The smart ones go into politics, because that's where the real money is.

      No ... quite the opposite. Why do you think "corporate donations" are such a big issue? Really now.

    119. Re:Duh? by arth1 · · Score: 1

      A friend works for a popular seafood restaurant that briefly ran a promotion on the slowest night of their week advertising all-you-can-eat crab legs. It was a complete disaster. People sat at the tables gorging themselves for 2, 3 hours and the restaurant couldn't turn the tables and lost a ton of money. And this is a restaurant that normally runs a buffet every night of the week.

      Note that this is the fault of the restaurant, not the customers.
      One way to correct for this is to simply raise prices. Another would be to instead of advertising "all-you-can-eat" without meaning it, to instead lower the prices on the days they want more traffic.
      $10 for two clusters of snow crab legs? I'd buy that. Four times in a sitting. No need to throw me out after an hour, because I keep on buying.

    120. Re:Duh? by NatasRevol · · Score: 1

      Yes, they do have to change what they're doing.

      Stop offering unlimited that isn't.

      At a minimum, it's fraud.

      --
      There are two types of people in the world: Those who crave closure
    121. Re:Duh? by arth1 · · Score: 1

      Up until then, it's their equipment, and they can say how you use it

      Is it? It may be their sim card, but the phone or whatever else you put the sim card in belongs to the customer.

    122. Re:Duh? by HapSlappy_2222 · · Score: 1

      The only way a land-line company can drop you is due to documented non-payment for an extended time, and even then, they are required to take you back once you've paid the past due, though they can require a small up-front deposit.

      They can deny you every feature on the line but a dial-tone (often called a 1FR-only line), but that dial-tone simply *must* be made available, unless you've consistently owed the company money and aren't paying them at all (3 full months behind, if I remember right). Doesn't matter if you purposely go out and chop their lines up with a back-hoe because they won't send a tech out to fix the crackle in your handset (an actual call I took when I worked for Qwest). They'll make you pay for any damage they can prove you caused, but they still have to fix the issue promptly in order to provide you with a dial tone.

      In your example of getting free long distance... well... the phone company wouldn't even blink because it wouldn't be their long distance you're stealing. The phone company's long distance usage isn't monitored by folks at the house like others' are (10-10-321, etc), at least for billing purposes. Whoever it IS being stolen from could have issues later on, and will probably back-charge it to your phone bill if they find out (because LD companies are gifted at fucking people over). The phone company itself even offers a paid service that forbids the long distance service from being changed from theirs for 6 months.

      The obvious way around even the "I owe the phone company money" issue is to simply put the line in someone else's name, because the phone company won't deny dial-tone service to an address, only an SSN (usually) + Name + Address match.

      In any case, yes, a landline phone company is lawfully obligated to providing service to all paying customers in their service area, period, though they can charge for damages and abuses. None of those rules apply to cell or digital phones, nor to internet or cable services. Those folks can and will refuse service to anyone they deem a poor customer.

    123. Re:Duh? by HapSlappy_2222 · · Score: 1

      Well said. While I'm not surprised that the providers are trying to avoid repeating history, I hope our legislators have the balls and brains to realize it's a second dance with the same partners.

    124. Re:Duh? by HapSlappy_2222 · · Score: 1

      Then AT&T is stupid for not wanting their money back.

    125. Re:Duh? by hairyfeet · · Score: 1

      But is the data unlimited? or will they throttle you so badly that nothing will work? after all very little of the web will run on the dialup speeds and that's if they don't start charging for going past a certain threshold. I know my local cableco brags about their "high speed unlimited Internet" while not telling you that you are looking at a 36gb! cap on consumer lines and 76Gb cap on business and after that its a $1.50 a Gb. I was told that those of us that had been with them for years got 'grandfathered' and have a LOT more leeway than anybody else, we can hit anywhere between 60-80Gb before getting dinged, just however generous they are feeling that month, while the new users will get dinged if they use 36.01Gb.

      Frankly I think they should have to put their FAPs (fair access policies for those that haven't been bitchslapped by one yet) in bold print and hand them to the user BEFORE they sign a contract, or else that user is allowed to walk away penalty free. Forcing someone to live by bullshit rules in a contract that you never even make them aware of is just complete horseshit. To use a /. car analogy imagine if they could hit you with fees above your car payment if you went above a certain mileage, or give you a penalty if you didn't go to approved stations?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    126. Re:Duh? by hellop2 · · Score: 2

      "I have free long distance at home, but that doesn't mean I can run a long distance dialup connection 24/7."

      Huh? I think you are confused about what free long distance means. Netflix also has unlimited online movie watching, which they don't throttle. You said, "Netflix got sued for it too, so all they had to do was disclose the fact that they might throttle." That's exactly what's supposed to happen and exactly what AT&T failed to do.

      --
      How many more years will slashdot have an off-by-one error on your Score in your profile?
    127. Re:Duh? by king+neckbeard · · Score: 1

      The real money is made in the crossroads of corporations and governments, so the key players don't get into one, but spend some time in both eventually.

      --
      This is my signature. There are many like it, but this one is mine.
    128. Re:Duh? by fredklein · · Score: 1

      AT&T isn't really advertising falsely, the data is unlimited. The speeds are limited.

      So, "unlimited" data at 1 bit per month sound good to you? or would you consider that... limiting?

    129. Re:Duh? by mattack2 · · Score: 1

      I guess it wasn't obvious enough that I mean their cell phone towers and the rest of the equipment that provides service to your phone.

    130. Re:Duh? by MightyYar · · Score: 1

      Anyone who is going to sue you is not going to suddenly go back to blend in with the flock. They are a "bad" customer, requiring more resources than the rest of them.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    131. Re:Duh? by Fjandr · · Score: 1

      I'm not sure how most of this applies to my comment. Older plan prices don't change. The only time they change is when you add or remove services which are integral to the plan you're on. You may have switched to a standard plan before the 2-year contract requirement was re-implemented. All this assumes the rep I talked to wasn't lying or misinformed, of course.

      The change may have been recent, but as of about a month ago they no longer offer no-contract plans other than pay-as-you-go unless it's some super secret. I wish I hadn't had to re-up with them, but my circumstances didn't allow for switching to pay-as-you-go at the time.

    132. Re:Duh? by rastoboy29 · · Score: 1

      Oh I see, it's merely deceptive advertising.

      Thanks for clearing that up!

    133. Re:Duh? by rastoboy29 · · Score: 1

      You say that like the ToS has some moral authority these days.

      When ToS's no longer have clauses that "we can change this at any time without warning" then that would be slightly different.

      But would you tolerate your home ISP telling you how many computers can connect via your home network?

      Fuck that.

    134. Re:Duh? by Tom · · Score: 2

      I for one wonder why he won

      Because the matters are unrelated.

      AT&T promised something they didn't deliver. That's the case he brought and won. His tethering or not does not change the fact of AT&T failing to provide the advertised service.

      --
      Assorted stuff I do sometimes: Lemuria.org
    135. Re:Duh? by liquidsin · · Score: 1

      tethering only gives you somewhere else to pipe the data that you're already paying for. it does not provide you with a wider pipe. and that's all cell data is; it's a pipe. he could just as easily be streaming movies all day long to the phone. or what if you had a usb projector connected to a phone? huge sd cards in a tablet? bittorrent client on an android device? why does it matter to the data provider if the data goes through my phone to another device? it's not like tethering uncorks some technical genie-bottle to open the data floodgates, i can still only use what i'm paying for.

      --
      do not read this line twice.
    136. Re:Duh? by Miamicanes · · Score: 1

      It's hard to come up with a direct analogy to a landline

      It's as if you had unlimited local calling and you used that to keep your computer connected to your ISP via modem instead of paying for the phone companies "Modem only" additional phone line?

      I'm not 100% sure, but I think at least one RBOC was making noises about doing exactly that sometime around 1997 (the point when lots of people were getting second phone lines for dialup, but before DSL was really available, and some people were LITERALLY connecting 24/7 to their ISP). Their argument was that the number of subscriber lines was much greater than the number of available circuits, and people who stayed online 24/7 were causing problems for them by using the backhaul resources of several dozen normal subscribers. Then... DSL(and cable internet) arrived, people dumped dialup modems & their second phone lines, and the problem mostly solved itself.

    137. Re:Duh? by Rik+Rohl · · Score: 1

      you're suggesting that ATT is legally obligated to ensure they can sustain 100% of theoretically possible 3G bandwidth at every possible location in their network where there is any viable signal at all?

      Yes.

    138. Re:Duh? by lgw · · Score: 1

      When "unlimited" plas were first advertised, they were understood by all to be "not charged by the minute". Charging by the minute for data access was common in the early days. The "not charged by the minute" part is still true (and actually relevant ro cell phone plans), but one couldn't reasonably be expected to understand that these days as the meaning of "unlimited". The providers (not just AT&T) really need to stop using that word!

      5GB per month is dial-up speed. Total scam.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    139. Re:Duh? by lgw · · Score: 1

      "Unlimited" here actually means "unlimited minutes of connectivity, but quite limited total data transfer". There was a time when that would be understood by must consumers, but that was long ago. It's simply false advertising as the average consumer would understand the offer today.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    140. Re:Duh? by Yakasha · · Score: 1

      Just because that is inconvenient or expensive for them, does not justify false advertising.

      I see you have no plans to run for public office.

    141. Re:Duh? by hexagonc · · Score: 1

      Exactly. Why this post is modded +3 and the GP is at +5 is beyond me. Especially since the answer is so obvious. I tether my phone to my laptop and barely use 500MB a month. This is a fraction of what I know people use that stream Pandora and youtube music through local phone apps. I think the fact that he tethered should be inadmissible evidence in a court case about throttling. AT&T's only recourse in regards to tethering is to terminate his contract.

    142. Re:Duh? by russotto · · Score: 1

      Let's say you show up with the $100 and I change my mind. Can you make me sell the car? No way!

      That's actually not true; the Uniform Commercial Code provides for specific performance in some circumstances.

    143. Re:Duh? by madbrain · · Score: 1

      They still offer them.
      You can certainly switch from a contract to no-contract plan . I asked about the possibility of doing that. I will do it when contract expires.

      http://prepaid-phones.t-mobile.com/prepaid-plans

      --
      -- Julien Pierre http://www.madbrain.com/blog
    144. Re:Duh? by wierd_w · · Score: 2

      Certainly not. Have these things called principles, and a mental disorder known as "integrity."

      These immediately disqualify me from work in the legal, corporate, and political vocational fields.

      You can't please everyone, but you can lie to everyone. This is how politics works. A person with integrity and ethics who proposes a vitally needed, rationally grounded, but otherwise unpopular solution to current campaign related issues will never win against an unscrupulous liar who puffs smoke up voter's asses, and fills them with meaningless promises of a magical solution to all their problems (like obama's "change" platform....). This is because any realistic solution ot any controversial problem will have unavoidable consequences that will adversely impact at least one party to the issue, else it wouldn't be controversial. As such, any realistic solution will create very violent and outspoken resistance from at least some portion of the voter/supporter demographic, which the shister can still exploit in his/her election platform.

      My integrity and sense of ethics precludes my being a smiling charismatic sociopath.

      As such, I would never succeed in politics, and I have no interest in trying.

    145. Re:Duh? by stephanruby · · Score: 1

      I have no love for AT&T and I'm glad the guy won, but if one of my customers sued me, I'd drop them in a heartbeat!

      But that's the thing, they're not dropping him, they're only threatening to drop him if he doesn't settle with them. A settlement in this case probably means that they want to keep him quiet, because he has already won his case anyhow.

      And dropping him would only add fuel to the fire if you ask me (the guy said he doesn't care if he gets dropped), my guess is that they wanted to give the guy an extra couple of thousands of dollars on top of the money he already made in exchange for him to keep quiet. In the end, AT&T may end up losing millions because this guy is refusing to shut up about his little victory in Small Claims court.

    146. Re:Duh? by HapSlappy_2222 · · Score: 1

      That's a very good point, and I find myself swayed your way somewhat. Still, AT&T already has lots of customers that require much more resources than the rest. Some speak different languages, or demand higher service levels than others, or threaten to jump ship over every little error, etc. These types of customers exist in a great many industries, in numbers that make it unwise not to include them in revenue streams.

      I think the fact that AT&T doesn't want this guy as a customer has nothing to do with saving resources; it seems more likely that AT&T is vindictively denying him of their services to make an example of him. I don't say that, in itself, is illegal (or even immoral) but you'd think AT&T would want to recoup their losses if the guy still wants to be a customer. But, then, $850 (or even the previous $8500 typo!) is an incredibly small amount of money to AT&T. Maybe they have decided to cut their losses so he doesn't sue again.

      It still seems stupid to leave money on the table, especially if an agreement between the parties was reached. I'm in the spot where $850 is the difference between a profit and a loss, though, so the numbers mean more to me. The only time I feel justified in completely cutting off a customer is if they're literally costing me more than I'm receiving, but I have policies (labor pricing, down payments, etc) put in place to prevent this. I've only cut customers off for NOT paying their bills - the picky ones kind of suck to work with, but they also bring in a lot of cash (and loyalty) if I can deliver. AT&T et. al. just don't exist in that plane of existence.

      Maybe it's just my faulty memory, but it used to be pretty common that companies would go above and beyond to ensure customer loyalty; now it seems they offer their services as a privilege; if you're not happy with them, too bad, because they really don't need your business. There's something wrong with that.

    147. Re:Duh? by MightyYar · · Score: 1

      Yeah, I wasn't really siding with AT&T's decision so much as not at all surprised by it... it certainly seems like the knee-jerk reaction that I would expect from a normal human. You are probably right that AT&T could still profit off of the guy in the long term and it may not be the most rational decision - but people and companies run by people are (dare I say rarely?) often not rational.

      Maybe it's just my faulty memory, but it used to be pretty common that companies would go above and beyond to ensure customer loyalty; now it seems they offer their services as a privilege; if you're not happy with them, too bad, because they really don't need your business. There's something wrong with that.

      You maybe are showing your age? LOL. Yes, I remember when companies looked after their existing customers. The first time I ever encountered one of these "offer only available for new customers" things, I couldn't believe it and cancelled on the spot. Now I'm used to it, and I guess society is too. The main reason I hate Comcast and Verizon so much is that every 6 months to 1 year I have to call and cancel my service and switch back to the other. It seems silly, but it saves several hundred dollars per year, so I keep at it. I just went to T-Mobile prepay, and when they tried to keep me as post-paid they offered me all these great rates that mysteriously weren't available when I was shopping around with the non-retention customer service rep. I told her it was too late, and just put me on prepay - saves me $40/month. How is that a way to treat a customer?

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    148. Re:Duh? by s73v3r · · Score: 1

      And what if AT&T is the only carrier in the area worth a damn for signal? Should he have to go with a sub-par carrier just to get justice?

    149. Re:Duh? by s73v3r · · Score: 1

      Contracts that specify arbitrary and retarded activity are perfectly valid

      Not always, like in this case.

      Arbitrary and retarded limits don't really fit with the whole "unlimited" thing.

    150. Re:Duh? by HapSlappy_2222 · · Score: 1

      You maybe are showing your age? LOL.

      I'm only 32...... meth is a hell of a drug. ;)

      Actually, I really DO remember companies wanting to keep me happy. I remember calling to report a problem with a sound card, and getting an RMA without having to ask. I remember being able to try a free doughnut to see if I'd like it before having to buy a dozen. I remember being able to talk to a friendly and helpful customer service rep instead of having every CS call start with two sighs; one by me and one by the rep. I dunno; I don't remember things being perfect, but I do recall feeling as if things were hit or miss instead of a guaranteed miserable time.

      As for your comment on the 6 mo - 12 mo switch between providers, I have a bit of experience there, and you're not silly at all, so long as you do it the right way. The following is some inside info that may help maximize how much you can save.

      I used to work as a CSSA for Qwest/CenturyLink (customer services and sales agent, which is THE most self-conflicting job title I've ever had). The funny thing was there was zero motivation to keep a customer, but intense rewards for pulling in a new one. This created a situation where you'd attempt to "solve" a customer problem ASAP, often by not giving a shit, in order to get to a "good" incoming call. The few terrific *service* reps would have the vast majority of customer fixes, which is why when you call the phone company (or Comcast or Cox, this is an industry problem, not a company one) it often takes 3 or 4 attempts to get a helpful rep. You think your rep was stupid? Probably not, actually. He simply pretended to be because it's fastest way to get you off the phone, since he's not allowed to hang up on you. "Herp derp, what's a fone agin?" gets you off the phone faster than actually fixing your issue.

      It was even easier to just transfer people wanting to cancel to the "Loyalty" department. Try it out. Say the word "cancel" and count how many seconds the transfer takes. The phrase "I'll cancel if I have to!" to a CSSA is like the phrase "Ok, but just the tip...." to a frat boy. Loyalty, of course, does have a few incentives to keep a customer, and a few more tools to use in their attempt to do so. Even still, they generally wanted to get to "good" calls too, so "fuck a bunch of your problem; I got sales goals to meet or the union and I get to have a talk with my boss-lady for the 3rd time this month. Go ahead and go to Comcast; see you in 6 months."

      Most of these companies actually rely on the up front costs (both money and time) of getting new service over real, actual, solid customer service. It's proved to be a more effective barrier, freeing their reps to sell NFL Sunday Ticket to old ladies. You'd be surprised how much time and money the average Joe loses when he has to get a new modem and/or tech install each time he switches, especially since the rep on the phone hits an incentive for every add-on feature they can staple in. A great many folks just toss their modems when they move, and we were "taught" not to discourage this; in fact, you can't even buy em new any more; it's a forced lease, with insane shipping prices. And don't even get me going on package pricing; it's complete and utter horseshit that these companies can advertise prices that only exist by having a $60 land line/digital phone and/or $75 satellite/cable TV service tacked on. How the hell do you sell $120/mo for 5 years when a customer called in looking for $19.95? It's no wonder the telcos have shit customer service, because in an 8 hour day there are so few opportunities to hit sales goals that it's better to rifle through calls until you get a live one; especially one who's already pissed off at and leaving some other provider.

      Service swapping is kind of like the rabbit complaining to the bear about how mean the wolves are, but what other choice does the rabbit have? As for being a representative of the bear, I can tell you I really did feel like a predator, and jumped ship when I realized just how good at it I was getting.

    151. Re:Duh? by MightyYar · · Score: 1

      LOL, thanks for the story - one of my favorite Slashdot posts :)

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    152. Re:Duh? by MightyYar · · Score: 1

      I'm sure that is a problem for a small collection of people out there, but I've never encountered a place where AT&T had a better overall signal than Verizon's network. Not saying the scenario you paint is impossible, just uncommon. Also, T-Mobile shares towers with AT&T, so you'd likely get good service with them as well. Finally, there are a number of prepaid companies that use AT&T's network (Net10 and TracFone at least).

      If the place you aren't getting signal is at your home, you can get a SIP phone number for about $2/month plus 1 cent a minute or use something like Google Voice for free. There is also Vonage, Magic Jack, Obi, and a bunch of other plug-n-play options out there.

      Worst case, anyone in the US can get a minimal home line over copper wires for about $20/month and use any service they like on that.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    153. Re:Duh? by Yakasha · · Score: 1

      A person with integrity and ethics who proposes a vitally needed, rationally grounded, but otherwise unpopular solution to current campaign related issues will never win against an unscrupulous liar who puffs smoke up voter's asses, and fills them with meaningless promises of a magical solution to all their problems (like obama's "change" platform....). This is because any realistic solution ot any controversial problem will have unavoidable consequences that will adversely impact at least one party to the issue, else it wouldn't be controversial. As such, any realistic solution will create very violent and outspoken resistance from at least some portion of the voter/supporter demographic, which the shister can still exploit in his/her election platform.

      Yes I know Ron Paul won't get elected.

      As such ... I have no interest in trying.

      That is why the system will never change.

    154. Re:Duh? by Fjandr · · Score: 1

      Oh, I'm aware of the pre-paid plans. They're not nearly the same type of plan that their no-contract regular plans were.

    155. Re:Duh? by Coren22 · · Score: 1

      In that case, they are committing false advertising yet again by advertising Netflix working on their network.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  2. Does sitting down help? by mattdm · · Score: 5, Funny

    I mean, I'll try anything to improve AT&T signal reception, but I'm skeptical. I tried sitting, standing, and even lying down, and it doesn't really seem to change anything.

    1. Re:Does sitting down help? by WarpedCore · · Score: 5, Funny

      Have you tried bending over?

    2. Re:Does sitting down help? by AliasMarlowe · · Score: 5, Funny

      If I had mod points they would go to this.

      Vaseline might be even more helpful...

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    3. Re:Does sitting down help? by Guppy · · Score: 5, Funny

      Have you tried bending over?

      Well, that definitely made it easier to take what I was receiving from AT&T, but it didn't help with the cell phone signal one bit.

    4. Re:Does sitting down help? by Anonymous Coward · · Score: 1

      you have to "lion king" it.

    5. Re:Does sitting down help? by wierd_w · · Score: 1

      You said you wanted to improve reception! I am sure holding your phone that way GREATLY improved your ability to receive what ATT was giving you!

      Clearly you were confused about the verbage....

    6. Re:Does sitting down help? by stretch0611 · · Score: 1

      Vaseline might be even more helpful...

      However, any type of lubrication which may ease the pain inflicted by AT&T violates the terms of service agreed to when signing up.

      --
      Looking for a job?
      Want your resume written professionally?
      DON'T USE TUNAREZ!!!
  3. He violated the TOU though by stevegee58 · · Score: 4, Insightful

    He violated his terms of use with AT&T by accessing the internet tethered. That violation alone warrants termination.

    1. Re:He violated the TOU though by Theophany · · Score: 1

      Which would be fine, though that's not why they're threatening to cut him off.

    2. Re:He violated the TOU though by Kenja · · Score: 1

      The article says otherwise. Can you back up your claim?

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    3. Re:He violated the TOU though by cpu6502 · · Score: 1

      Does ATT sell any devices that are specifically for use with PCs? Like the link below? If so then they can't use that "no tethering" clause to escape false advertising charges ("unlimited") that future customers might bring:

      http://www.virginmobileusa.com/mobile-broadband/broadband2go.html

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    4. Re:He violated the TOU though by s73v3r · · Score: 1

      Are you honestly so fucking dense that you don't think they'd cut him off for having the gall to call them out for being a shitty company? This is retaliation, pure and simple.

      And the letters he got said that they would cut him off if he didn't come to the bargaining table, so they can shut him up, and get away with this for an even smaller pittance.

    5. Re:He violated the TOU though by Overzeetop · · Score: 1

      He did, but if AT&T had reason to know that he was and didn't do anything about it, they're on shakier ground. Yes, there's a clause in the contract that covers that, but there's a lot of case law which may supercede the clause and invalidate it.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    6. Re:He violated the TOU though by s73v3r · · Score: 1

      The situation, for one. And if you had read the rest of my comment, you'd see that I was citing the letters he got from AT&T which said they threatened to cut off his service if he didn't go to the bargaining table.

    7. Re:He violated the TOU though by Coren22 · · Score: 1

      Yes, but the only plans ever available with those were limited. 4GB was the limit I think when I looked into it.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  4. Omitted in Summary by JeanCroix · · Score: 5, Informative

    In TFA, it is stated that AT&T's threat to discontinue his service is based on his admission of tethering, which is against the TOS he agreed to. Not that their tactics here aren't shady, but they do have a contractual basis (excuse) for the threat.

    1. Re:Omitted in Summary by DRJlaw · · Score: 3, Insightful

      In TFA, it is stated that AT&T's threat to discontinue his service is based on his admission of tethering, which is against the TOS he agreed to. Not that their tactics here aren't shady, but they do have a contractual basis (excuse) for the threat.

      Two problems: 1. Terminating the contract is not going to nullify the money he was awarded for AT&T's violation of the original contract. He didn't get a judgment that forced AT&T to provide him with unlimited data, so terminating the contract only serves to release him from the obligation to pay for a capped service that he quite clearly dislikes. AT&T is presuming that he wants to remain an AT&T customer. Since TFA says that he doesn't care.. 2. Thousands of others have tethered their phones, and AT&T's response has been not to terminate their service, but to require them to buy the approved tethering package. While the language of the contract may permit termination for violation of the TOS, AT&T has likely waived termination as a remedy for this sort of violation through its own announcements and actions. If AT&T terminates the contract and attempts to impose a termination fee, expect a second small claims case where there's a reasonable likelihood that AT&T loses. "Settle with us or we'll kick you out of our lousy service and appeal (without being able to introduce new evidence or arugment)" isn't much of a threat. The internet is rife with people looking for "material changes" in their contract in order to escape without paying an ETF, and he's only risking an $850 'paper' loss of his original award.

    2. Re:Omitted in Summary by DRJlaw · · Score: 1

      A lawyer once told me there is a big difference between "getting a judgment" and "getting the money". Can you figure out the difference?

      Yes. There's also a big difference between being locked into 2 year contract even after you win the judgment and being terminated without a collectable penalty. Can you figure out the difference? From my prior post:

      "Settle with us or we'll kick you out of our lousy service and appeal (without being able to introduce new evidence or arugment)" isn't much of a threat. The internet is rife with people looking for "material changes" in their contract in order to escape without paying an ETF, and he's only risking an $850 'paper' loss of his original award.

      BTW: You go on to describe defending a judgment, which is not the point of the lawyer's quote. "Getting the money" is collections. "Getting the money" is trivial when the judgment debtor has readily identifiable assets. Really trivial.

      Pity that the snarky comment had to come from an AC that won't bother to read the response.

  5. Oops. by errxn · · Score: 2

    Spaccarelli has admitted that he has used his iPhone to provide Internet access for other devices, a practice known as tethering, which violates AT&T's contract terms. AT&T says that means it has the right to turn off his service.

    Game, set, match. I have NO love for AT&T, but if this guy admits to violating their ToS, he doesn't have much of a leg to stand on.

    --
    In Soviet Russia, Chuck Norris will still kick your ass.
    1. Re:Oops. by shutdown+-p+now · · Score: 2

      Assuming, of course, that a ToS provision against tethering is enforceable in the first place, which sounds dubious to me, at least from technical perspective (bits are bits).

    2. Re:Oops. by Lunix+Nutcase · · Score: 1

      Why wouldn't it be enforceable? What statute or case law would invalidate it?

    3. Re:Oops. by DrGamez · · Score: 1

      I think he's trying to say that it would be akin to the telephone company saying there is no change in how your phone gets the bits from the internet. If you're using your thumbs and managing to pull 5GB down it's exactly the same looking data if you used your laptop to tether to your phone.

      You're allowed to use the internet, but only if you get the bits a very specific way.

    4. Re:Oops. by Lunix+Nutcase · · Score: 1

      Yes and it's perfectly legal to do so. That is unless you can show me the statute(s) or case law that says otherwise.

    5. Re:Oops. by Reverand+Dave · · Score: 1

      Well, saying your can't tether your phone is a bit like saying you have unlimited text messaging unless you're sending messages to your mom, then you've violated your TOS. Never mind that the data being transferred is exactly the same type whether your streaming through your phone or through your laptop attached through your phone.

      --
      I got here through a series of tubes
    6. Re:Oops. by oh_my_080980980 · · Score: 1

      The unlimited plan part, which the judge agreed.

    7. Re:Oops. by s73v3r · · Score: 1

      Why the fuck would it be? He paid for unlimited data; so AT&T should not be allowed to place arbitrary limits on it.

    8. Re:Oops. by s73v3r · · Score: 1

      It's only legal to those who think that corporations can do no wrong.

      Further, the judge in this case agreed that unlimited means unlimited, not "We're going to say it's unlimited, but we're really going to put a bunch of severe restrictions on how you can use it."

    9. Re:Oops. by errxn · · Score: 1

      Yes, bits are bits from a technical perspective, and it shouldn't really matter what device in the chain is doing the requesting of said bits. Unfortunately, he put his signature to a contract that (I'm guessing) defines it otherwise. Right or wrong, technically correct or not, he will have agreed to it, and (again, guessing) that's going to carry a lot more legal weight than any technical argument.

      --
      In Soviet Russia, Chuck Norris will still kick your ass.
    10. Re:Oops. by oxdas · · Score: 1

      This presumes that the clause in the contract is legally enforceable. Have tethering clauses been ruled on by the courts(I don't know, but it would be relevant)? I can place a clause in a contract that you will give me your first born as breach of contract. Fortunately, selling or trading humans as chattel is illegal in most countries and so that clause would not be enforceable.

  6. What would victory look like? by ShieldW0lf · · Score: 1

    What would victory look like? Forcing them to acknowledge that they're genuinely incapable of delivering what they promise is really about as much as can be achieved...

    --
    -1 Uncomfortable Truth
  7. Re:I bought an iPad! by errxn · · Score: 1, Funny

    Welcome to SXSW. Hope you enjoy your stay.

    --
    In Soviet Russia, Chuck Norris will still kick your ass.
  8. Forced arbitration by cpu6502 · · Score: 1

    "We don't care what some judge said. You either do it our way, via arbitration, or we ban you forever."

    Damn corporations. Sound similar to how Paypal operated in the previous decade, until a class action lawsuit was brought against them by the States. Well at least corporations don't have power to throw me in jail forever, or draft me to serve in some foreign war (like government can).

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    1. Re:Forced arbitration by project5117 · · Score: 1

      Maybe you'll get thrown into one of the FEMA death camps so no one has to suffer your posts anymore.

      FEMA would be happy to have you do some training so, in the event of an emergency, you'll be prepared to assist more effectively.

      Be Informed! Make a plan! Build a kit! Get involved!

    2. Re:Forced arbitration by JWSmythe · · Score: 1

          Shhh. People prefer to believe in the evils of the government. If they can't point at real government things, they'll start making up conspiracies to hate. It's the Illuminati shadow government, and the reptilian overlords planning to destroy all humanity, or at least the lower classes.

          They'll always overlook pesky little things like CERT (Community Emergency Response Team). You, me, or virtually anyone, can get training, and volunteer to be available in the event of an emergency. And that's not guards at some death camp. That's trained first responders who can and will be dispatched in case of an emergency.

          If for nothing else, the training is excellent to receive. It can make a life or death difference to those around you.

          I really need to get some refresher training. It's been a while.

      --
      Serious? Seriousness is well above my pay grade.
  9. Re:Disclosure. by webheaded · · Score: 3, Insightful

    I do have a right for words to be used properly though don't I? The word unlimited means that there are no limits...you know UN-LIMITED. If they want to sell plans based on bandwidth, then just do it. All the other carriers do. If I go to T-Mobile right now, they tell me I can get different tiers of data at high speeds and after I hit my limit, I get bumped down to 2G. It's called, not lying. AT&T should try it some time.

    Of course the whole idea of limiting our bandwidth is fucking ridiculous to me, but that is a different discussion that I'm not going to bother with right now.

    --
    "Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety." - BenF
  10. Honda owner did the same thing by cpu6502 · · Score: 1

    For those that don't RTA: "Spaccarelli's victory in small-claims court is similar to that of Heather Peters, a California woman who won $9,867 from Honda last month because her Civic Hybrid did not live up to the promised gas mileage. She, too, is helping others bring similar cases."

    I'm surprised she won. Perhaps it was because Honda *reprogrammed* the car after purchase, and that immediately made the MPG drop by ~10. I own a Honda Insight and am happy with the results (90mpg at 50 mph; 70mpg at 60 mph). Nice little car.

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  11. Here's a thought .... by johnlcallaway · · Score: 1

    Just as he is free to not renew, AT&T is also free to not renew.

    I have no problem with a business telling a customer "you cost us too much, we don't want you as a customer anymore." At the end of his current term, drop him like a hot potato.

    Let Verizon or Sprint deal with him....

    --
    I rarely read replies, it's my opinion and if you thought about your opinion a little more, I'm OK with that.
    1. Re:Here's a thought .... by DogDude · · Score: 1

      Absolutely. Smart businesses "fire" customers all of the time. I've done it plenty of times.

      --
      I don't respond to AC's.
    2. Re:Here's a thought .... by spire3661 · · Score: 4, Insightful

      The problem is that wireless spectrum is owned BY THE PEOPLE, we lease it to these companies. It is this fact alone that moves telecomms from ordinary companies to necessary infrastructure, subject to special rules and regulations. We should be HAMMERING wireless with regulation right now. I have a problem with a corporation, denying access to PUBLICLY OWNED airwaves because he is taking them to task legally.

      --
      Good-bye
    3. Re:Here's a thought .... by oh_my_080980980 · · Score: 2

      Just as he is free to sue do to breach of contract.

    4. Re:Here's a thought .... by s73v3r · · Score: 1

      No, they want to drop him in the middle of his contract. And you can damn well bet that they're not going to pay any kind of ETF like they make their customers do.

  12. Re:Disclosure. by markkezner · · Score: 1

    Maybe it's not a right, but it's what AT&T agreed to sell these people.

    Unlimited, def:
    1. not limited; unrestricted; unconfined: unlimited trade.
    2. boundless; infinite; vast: the unlimited skies.
    3. without any qualification or exception; unconditional.

    If it has a limit, tier, cap, or threshold, it's not unlimited. Unlimited is not newspeak for limited.

    --
    Dangerous, sexy, turing complete: Femme Bots
  13. Re:Disclosure. by rufty_tufty · · Score: 1

    If it's about the wording then you can bet if it was an issue of wording in their favour he would be beaten over the head and made to stick to the letter of the law.
    I don't understand why a company isn't held to the same rules.
    If the contract said "and the customer will pay $20 every payment interval" without specifying the interval you can bet they would argue the right to change the interval to their favour and they would be within their rights to do that. Now you could argue that would be an unfair contract and as such not legally valid, but that is not what they're saying here.

    --
    "The weirdest thing about a mind, is that every answer that you find, is the basis of a brand new cliche" -
  14. Corporate Bullies by MacGyver2210 · · Score: 4, Informative

    This is a cut-and-dry case of corporations pushing around the consumers. Given it is over internet service, this would make a great case of 'cyber-bullying' (as much as I hate that whole concept).

    If American customers have any sense, they will file these suits in droves and this guy will never talk to AT&T again.

    --
    If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
  15. The Guy Admits He Violated the TOS by SwashbucklingCowboy · · Score: 2

    Since they guy admits he violated the Terms of Service by tethering, is it really a surprise?

    1. Re:The Guy Admits He Violated the TOS by s73v3r · · Score: 5, Interesting

      No, because the judge correctly ruled that a "no tethering" rule was, in fact, a limit on the service they sold him, and therefore was not allowed if they gave him unlimited service.

  16. Re:Disclosure. by DaMattster · · Score: 1

    AT&T just needs to clearly indicate that you get X gigs of data at 4G or 3G speeds, then anything after that is subject to lower speeds.

    You don't have a "right" to unlimited data, sorry. The only issue I see is AT&T hasn't been clear with how it works.

    I think that unlimited needs to mean truly unlimited or face false advertising penalties from the FTC. Let's just state what the hard upper limits are and be truthful in advertising. All of the cellular telecom companies have mudied these waters enough and there is no harm by just calling it what it is. It has become a war of words between companies when in actuality they are all equally poor.

  17. Re:Disclosure. by Chatterton · · Score: 2

    But AT&T doesn't say Unlimited but Unlimited* :-)

    *For very low value of limited

  18. Re:Disclosure. by cpu6502 · · Score: 2

    >>>Of course the whole idea of limiting our bandwidth is fucking ridiculous to me

    I don't know why? The wireless spectrum only has a limited amount of space, so a single tower can only stream a maximum amount of data in a month (deviced by thousands of customers).

    It's the same as my dialup connection which is also limited (~12 gigabytes/month max) because of technical constraints. Wireless/cellular internet is not different.

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  19. Re:Disclosure. by SecurityGuy · · Score: 4, Insightful

    The issue is not that they were unclear, it's that they LIED about it.

    I have an iPhone. I have an unlimited data plan. I expect that means whenever I try to use it, AT&T will not impose limits on how much of that data I use. Now, there are a couple ways they might limit me. They could impose a cap after which I get zero data. They don't do that. They could restrict my data rate after I reach some threshold. They DO that. I know some people don't get that it's a limit, but it is, especially if they're throttling you to 1% of your normal speed. That's a cut off in all but name.

    I'm not saying AT&T needs to provide me a Gb/s or infinite bandwidth, but if they sell me an "unlimited" plan, I should be able to get whatever their network is technically capable of delivering whenever I ask for it. I can accept that it may be slow if 10,000 other people are on the same pipe. That is not AT&T limiting me. When AT&T singles me out for using too much data on an unlimited plan and artificially restricts how much more data I can use, that's a limit, plain and simple.

    The part that really galls me is how aggressively they advertised these things. Come and get an iPhone, they said. Browse the web! Stream music and video! The entire intarwebz are at your fingertips! NOW they want to back away from that. No. Honor your contracts, AT&T.

  20. Re:Disclosure. by Runaway1956 · · Score: 2

    If you offer me unlimited Bar-B-Que in exchange for fifty bucks, and I pay the fifty, you have to keep serving the chow until I call it quits. If you don't want to stay up all night serving spicy sauce covered meat, then you had BETTER make it clear in your offer that I have to consume all my food before your 9:PM closing time. And - if you don't want me to be waiting for you when you return to open in the morning, you had BETTER make it clear that I can only eat what I'm capable of consuming in one sitting.

    In short - offer what you intend to deliver. Or, be prepared to deliver what you offer.

    None of the telcos wants you to have unlimited data. They need to make that clear in their advertising, and in their contracts. Stop offering unlimited to induce people to sign up for overpriced 5 gig contracts.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  21. Re:Disclosure. by thomasw_lrd · · Score: 1

    It's all semantics. He still has unlimited data, just not at the speeds he was accustomed to. Only number 3 comes close to this. They never promise any speed with any service contract. Even when they adverstise for their 4G network it says "Not available in all areas." It's not false advertising, but it is. It's amazing what you can get away with a disclaimer.

    As much as I hate AT&T, I have to side with them on this one. This guy broke his part of the contract, and they are now calling him on it. As has been stated before and after, I'm not even sure how this guy won his case. Don't look at too many more of these working. At best, it'll be changed to a class action lawsuit, and then only the lawyers will win.

  22. Re:Disclosure. by oh_my_080980980 · · Score: 1

    It's in the contract. Point, Match, Set.

  23. This is the world we live in. by JustAnotherIdiot · · Score: 2

    And it's nuts.
    A company should be on their knees begging customers for business. Customers are the lifeblood for a company.
    Ahh, but I suppose I'm just too old fashioned for this world...

    --
    What do I know, I'm just an idiot, right?
    1. Re:This is the world we live in. by ducomputergeek · · Score: 1

      Right after the AT&T and Cingular merger the new company did away with customer retention departments all together. As the smaller regional providers were gobbled up the same thing happened to the point where I read a few years ago it cost a cell phone provider on average $650 in marketing and other expenses to gain 1 new customer. I forget the number, but the cost to provide customers with a little better upgrade or some form of loyalty discount if they paid their bills on time for 2 years would cost them FAR less than $650 per customer, but they wouldn't do it....

      For a few years AT&T and the magic bullet: the iPhone.

      But now it's not the magic bullet. My AT&T contract on my 3G expired last December. I am now a Sprint customer with the 4S. Most of the iPhone users I know are leaving AT&T and droves for Verizon or Sprint.

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
  24. Re:Disclosure. by Anomalyst · · Score: 1

    cellular internet is not different.

    What is it about the term "cellular" that you don't understand?
    When a cell tower starts getting saturated with connections, you build several more towers and make the cells smaller reducing the xmit/recv power requirement to reduce interference.. The "we need more bandwidth" argument is and always has been maximally Bogus. They are just to frakking cheap to upgrade/build out their infrastructure because it would cut into all that wonderful grant money from taxes we paid that they were given to do just that. Asshats.

    --
    There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
  25. Re:Disclosure. by 19thNervousBreakdown · · Score: 1

    Well that's a pretty big fucking issue right there.

    Here, buy my old car. The $20,000 asking price might seem high for a '93 Mazda, but it comes with unlimited gasoline. I don't have AT&T's army of lawyers, so I'd better tell you how it works: As long as you only run the engine 3 minutes a month and keep it in neutral, you can use as much gasoline as you want until the fuel that came in the tank when you bought the car runs out.

    What, you thought you had a "right" to unlimited gasoline just because I used the word "unlimited"? Hah! What a maroon!

    --
    <xml><I><am><so><damn>Web 2.0</damn></so></am></I></xml>
  26. Re:Disclosure. by s73v3r · · Score: 2

    You don't have a "right" to unlimited data, sorry

    I do when that's what they were advertising, and that's what they sold me.

  27. Re:Disclosure. by s73v3r · · Score: 1

    There's a huge fucking difference between technical constraints, and arbitrary, "We want more money!" bullshit constraints like those AT&T puts on their service.

  28. Re:Disclosure. by s73v3r · · Score: 1

    He still has unlimited data, just not at the speeds he was accustomed to.

    Nope. That's still a limit on the data, thus making AT&T in violation of their contract.

    This guy broke his part of the contract, and they are now calling him on it.

    What part? The part where the judge agreed that no tethering was an arbitrary limit on the service they sold as unlimited, and was therefore null and void?

  29. Why, at this point, would anyone be picking AT& by CFD339 · · Score: 1

    I don't get this. They don't have as a good a network, and where they do have coverage it is spotty and calls drop. They seems to be hostile to their own customers, and people don't seem to get what they pay for.

    I run a web service for firefighters that sounds like thousands and thousands of text messages each month -- and does using using the US providers' preferred method of sending them via SMTP. AT&T is the slowest at receiving the messages and getting them out to phones in most places by a long way. Verizon is usually a matter of a second or two, where I've seen AT&T regularly take 5 minutes or more and occasionally much longer.

    Why do people put up with this crap?

    I'm going to sound like a commercial for Verizon here -- but I swear, I'm not in any way tied to them other than as a customer.

    I've been a Verizon customer for years and years. While it is true that recently they changed from an "unlimited" service to some reasonable (IMHO) caps based on price, the plan isn't bad at all and it's spelled out pretty clearly. I pay 50 bucks for up to 5gb in a month, and if I go over that it costs me about $10/gb -- which is in line with my service pricing. Most months, I'm way under. Once or twice in a year if I'm travelling a lot and using slingbox over LTE I may go over -- but it's no big deal. My calling plan has a contract length, but I can reduce the monthly minutes and cost or increase it pretty much at will with no penalty so if I care to I could manage the bill to save a bunch of money. My kids phones use my minutes so they don't cost much to add to my plan, and because I'm a volunteer firefighter, they give me 20% off everything plus free unlimited text messaging.

    I'm not 100% happy all the time with them, sure. Their international data plan is unusable these days (where it used to be a good deal) but overall -- I don't have the kinds of problems I see people with AT&T complaining about.

    --
    The problem with quotes on the internet, is that nobody bothers to check their veracity. -- Abraham Lincoln
  30. Another story by U8MyData · · Score: 2

    Anyone read the letter of resignation of Greg Smith over at Goldman Sachs? Me thinks AT&T is NO different.

  31. Re:Disclosure. by cpu6502 · · Score: 1

    Yes true but there's a limit to how many towers you can add per cell, unless you intend there to be 1 tower for every block. At that point you might as well just forget the tower & run fiber optics to each home (cheaper with faster throughput).

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  32. Re:Disclosure. by DMUTPeregrine · · Score: 1

    Unlimited can actually mean less than you think. Unlimited bandwidth is a violation of the laws of physics, so it's clearly not that. Unlimited connection time at a certain bandwidth is possible. This is what they offer. Throttling simply sets a (probably unreasonably) low level for that "certain bandwidth" after a given amount of data has been transferred. eg You are buying unlimited service at 56kbps, with a GB or two of service at 1.5Mbps.

    --
    Not a sentence!
  33. Re:Disclosure. by MozeeToby · · Score: 1

    Unlimited, to me, in this context, means "as much as our network can support". That means that if I connect to a cell tower, I expect to receive 100 / (number of people actively using data) % of their service or the max my phone will allow, whichever is lower. If the problem were at the spectrum level they wouldn't have to artificially limit data speed, the waveform implementation in the phone and the tower would do that automatically to support all the connected users.

  34. Re:Disclosure. by Svartalf · · Score: 2, Informative

    "Unlimited Data"... I honestly and dearly wish people would QUIT running that tired old argument up the flagpole- it's flatly false. Let's run some numbers...

    Presume, if you will the theoretical max AT&T is providing in their non-HSPA+/LTE areas. This is 1.7Mbit up/ 0.7Mbit down. You get billed for any data transferred. If you're mostly streaming, the upstream will be negligible. So...

    In 1 second, you will pull down roughly 217 kibytes of data.
    In 1 minute, you will pull down roughly 12 Mibytes of data.
    In 1 hour, you will pull down roughly 783 Mibytes of data.
    In 1 day, you will pull down roughly 18 Gibytes of data.
    In 1 week, you will pull down roughly 126 Gibytes of data.

    This presumes no throttling whatsoever. Now, presume they throttle to EDGE speeds at 5Gibytes transferred.

    In 1 second, you will pull down roughly 217 kibytes of data.
    In 1 minute, you will pull down roughly 12 Mibytes of data.
    In 1 hour, you will pull down roughly 783 Mibytes of data.

    In less than 1 day, you will hit your cap- in fact, it'll be somewhere around 6 and a half hours in.

    With this, you'll pull down the following:

    In 1 day, you will pull down roughly 6.82 Gibytes of data.
    In 1 week, you will pull down roughly 21.9 Gibytes of data.

    126 != 21.9 Quite simply it's not "unlimited data" in the slightest as they're limiting just how much data you CAN get through the link by limiting your speed. It's why AT&T LOST the case in the first place.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  35. Upside Down Pyramid Scheme by true_majik · · Score: 2
    The problem with using the top 5% of data users is that it is an upside down pyramid scheme. As they slow down the top 5% our data usage becomes less and less because we are not able to use the services that we would normally use. Making the average become less and less. When this all started I was getting slowed at around 10 gigs then 8 then 5.

    THIS!

  36. Re:Disclosure. by Svartalf · · Score: 4, Insightful

    The part where the judge agreed that no tethering was an arbitrary limit on the service they sold as unlimited, and was therefore null and void?

    Heh... It utterly amazes me how many people buy into things begin legit, just because a company put it in the contract- and how few understand any aspects of contract law, but will say, "it's in the contract or terms of service," and therefore claim the company's in the rights. Especially here.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  37. Leaving AT&T over this issue at end of month.. by Maxo-Texas · · Score: 1

    I don't "OMGZ HATE AT&T!!!"

    But my contract is up at the end of the month.

    To keep the same plan limited to 3gb per month I have with them now, they quoted $120 per month with taxes and only 900 minutes per month.

    To get the same thing with Spring is going to run me about $90 but with truly unlimited data, unlimited texts, unlimited minutes cell to cell and 450 minutes to land lines.

    I'm not mad, but man it seems like I would have to be stupid to stay with AT&T.

    Both Cheaper per month and truly unlimited data. Coverage is the same in the areas I live and work in (we have sprint transmitters in my building).

    I pretty ruthlessly switch to which ever cell company or cable company has the best deal.

    Now that Dish Network is up to $90 a month for almost nothing (I cut service twice and they just raised rates by $10 shortly afterwards), I'll be leaving them too.

    Cable TV should be $50 a month max in my opinion.
    And Cell Service should definately be cheaper than AT&T and include truly unlimited data/etc.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  38. I know that folks will say... by forkfail · · Score: 1

    ... that your phone isn't your internet provider (even though it connects you to the internet).

    I know that people will say that you shouldn't watch TV and videos on your phone (even though t-mobile and ATT both have apps on their front page to do this, and run ads constantly like the ones that show the guy watching the game in the restaurant with his girlfriend).

    I know that people will say that it isn't fair to the other users if one user hogs up all the bandwidth.

    To which I say, fine. In that case, don't fscking call the plan unlimited, and don't advertise the use of streaming aps as a major feature. Lying isn't cool, ethical or moral, and that's exactly what the snake oil telecoms do.

    And if the networks can't support the usage, then stop selling the usage. Invest in the networks, instead of attempted mergers for the sake of acquiring someone else's spectrum (instead of investing in infrastructure to increase your own bandwidth capabilities).

    And just because others are absolutely guilty of the same thing (I'm looking at you, t-mobile) - it doesn't mean this sort of fraud is right.

    --
    Check your premises.
    1. Re:I know that folks will say... by Shados · · Score: 1

      thats why i like t-mobile's way of doing it. Its pretty simple. X amount of gb at full speed, then it slows down, good enough to read my emails, not good enough to watch a movie. It may not be a great plan, and its overpriced compared to others, but at least its honest (as far as telecoms can be honest anyway...)

    2. Re:I know that folks will say... by forkfail · · Score: 1

      Maybe - but the t-mobile sales reps in the stores really played up the whole "grandfathered into true unlimited data" even though that was absolutely not the case.

      So, any positive karma they might have over ATT got blown by that, IMO.

      --
      Check your premises.
  39. Re:Disclosure. by Anomalyst · · Score: 1

    I am surprised nobody has come out with a antenna per utility pole and/or streetlight solution to increase cell density. Connect the antennae with fiber and drop it on the doorstep as well. Although if they do, ATT and the other providers wont pay to deploy it and will continue to moan about "bandwidth".

    --
    There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
  40. Re:Disclosure. by Gyorg · · Score: 1

    Yes I believe there is precedent, in the 1992 Homer Simpson vs. The Frying Dutchman case.

  41. Re:pr0n? by Fallen+Kell · · Score: 1

    And then he really owns AT&T with a breach of privacy, emotional trauma, slander of character, breach of contract case, and probably wins several million.

    --
    We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
  42. Re:Disclosure. by forkfail · · Score: 1

    What's your point?

    They're still selling "unlimited" data. That is the problem here; it's deception.

    No one here is going to argue that there are technical limits, and that infinite bandwidth should always, in all conditions, "just work". What you will find argued, however, is that if they should not be allowed a free pass to bait and switch.

    --
    Check your premises.
  43. Re:Disclosure. by sjames · · Score: 1

    They don't want to do that because it would be a substantial change and so leave a bunch of people free to terminate their contract without a fee.

    Many people do have a CONTRACTUAL right to unlimited data.

  44. Re:Disclosure. by whoever57 · · Score: 1

    I don't know why? The wireless spectrum only has a limited amount of space, so a single tower can only stream a maximum amount of data in a month (deviced by thousands of customers).

    What have spectrum limits got to do with monthly data caps? At 3:00am, the spectrum is not being used, but if you are over your monthly limit, AT&T will still throttle you. The monthly limits are arbitrary constraints.

    Also, if you are going to offer an "unlimited" service, you should make sure you buy the necessary equipment and spectrum to provide it. Otherwise it is a fraudulent offer.

    AT&T should just drop this guy and pay up. There is clearly nothing to be gained from doing anything else (unless they are going to give him a large amount of cash to stay quiet).

    --
    The real "Libtards" are the Libertarians!
  45. Re:Disclosure. by whoever57 · · Score: 1

    They need to make that clear in their advertising, and in their contracts. Stop offering unlimited to induce people to sign up for overpriced 5 gig contracts.

    T-Mobile is actually quite clear about this.

    --
    The real "Libtards" are the Libertarians!
  46. "lack of network juice" by SpaceLifeForm · · Score: 1

    They are lucky if they can sustain 100% of their theoretically viable signal at every possible location in their network. Oh wait, they can' t.

    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  47. Re:Disclosure. by BitZtream · · Score: 1

    I do have the right.

    They gave me contract terms that stated very clearly 'unlimited data' and we both agreed to that control.

    There is no issue in whats clear other than AT&T doesn't want to provide what they agreed to. I didn't agree to silly terms I didn't want to deliver, they did. Its not that they can't make good on the terms of the agreement, its that they don't want to because its not AS profitable for them.

    Simply contract law, they are breaching it.

    (As far as TFA is concerned, so is the douche bag who was tethering with his phone, which is a valid reason fot AT&T to tell him to go fuck himself)

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  48. Re:Disclosure. by forkfail · · Score: 1

    t-mobile is pretty deceptive as well. Not as bad as ATT, but their throttling is basically a full kill on any real use of the phone, too.

    And they certainly played up the whole grandfathered into full "unlimited" thing, even when they imposed the caps and throttling.

    (And no, the argument that they're all unethical scumballs doesn't mean it's right that any of them is an unethical scumball).

    --
    Check your premises.
  49. Re:Disclosure. by omnichad · · Score: 1

    I had wondered about this idea in college. I thought when studying for finals it might be great to head in to a buffet place in the morning and sit through all 3 meals while studying and eating 3 meals for the price of one. I never tried it, though.

  50. Oversold Networks by Ranger · · Score: 1

    The problem is the AT&T and other carriers have oversold network capacity. They should build up to make sure the bandwidth is there. And until that happens I'd be OK with them throttling only on towers that are in danger of being swamped. Maybe even send out a notice to users saying, "Yes we suck at providing you with bandwidth, but there are a lot of users on this tower and we have to throttle the data speeds so others can use it. Consider laying off sucking up bandwidth for the next 15 minutes or so."

    --
    "You'll get nothing, and you'll like it!"
    1. Re:Oversold Networks by Ranger · · Score: 1

      I'll repeat myself. The carriers shouldn't oversell the network and set reasonable customer expectations. But if you want to rant against "socialist/facist/communist/liberal/lunatic tripe" be my guest. Whatever that means.

      --
      "You'll get nothing, and you'll like it!"
  51. Re:Disclosure. by Runaway1956 · · Score: 1

    I think that it should be noted that an "all you can eat" deal is usually a bit expensive to start with. There is - or at least was, not sure if it's still there - a restaurant in Oklahoma that offered a gigundous steak dinner, for free - IF you could eat it all. If you couldn't clean your plate up, then you had to pay something like $50. The value of the meal changed over time, but it was a HUGE dinner. I met several people who tried to eat it all, and failed. They could have eaten a meal of similar quality at any of dozens of other restaurants, closer to home, for half that price or less. But they thought, or hoped, that they could get a free meal.

    Personally, I seldom opt of an "all you can eat" deal. I just can't eat a whole lot at one time. Although, I will do buffets and smorgasbords if there is good variety of foods available. I LOVE to fill a plate with just a table fork full of dozens of items! Just a taste of everything, but I'm stuffed when I leave.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  52. Re:Disclosure. by omnichad · · Score: 1

    Same idea here - I'm always doing silly things like cutting food in half because I often get dozens of bite-size portions. The real value in a buffet is the variety, not the amount of food.

  53. There is no such thing as "unlimited" in business. by StoutFiles · · Score: 1

    Unlimited has always meant, in the best of times, "as much as we can give you within reason". AT&T just has a lower breaking point than most companies that do this so it's more noticeable.

  54. Numbskullery by obirt · · Score: 1

    I still don't understand why data coming from the phone itself and data from a tethered device is treated differently. I can suck down 2 GB over the air using any number of pre-installed apps I'm not allowed to remove, but the second I want to tether my laptop to my phone to use a MB or two to check my email on a screen bigger than 3", I have to pay $20-$60 more a month with no pro-rated cost, or risk having my service cancelled. I just need to use it for a day or a week when I'm on vacation or off site. How is the data different because it's coming through the phone from another device than if it was coming from the phone itself?

    It's no surprise with policies like this designed to deliberately make it difficult, annoying, and expensive to their customers that many would look to bypass their carriers mandatory second (or third) data plan required for tethering.

    Do they even realize how much money they are loosing to pay-for-access 802.11 providers if they would just offer what customers want for a reasonable price and not feeling like we're being raped?

    This à la carte sale of minutes, texts, and data is the biggest racket in history. How about this: $10/month per phone to cover your record keeping and base data prices to cover things like the phones tying up the network to ping pong the towers and servers all the time, then a reasonable per minute/MB/txt charge (i.e. 2-3 cents a minute/MB/txt regardless of it being sent or received) and everyone pays what they use. I'm ok with having a $20 bill one month and a $160 bill the next if that's what I used. I would much rather see that then the same $120 every month if I used 5 of everything vs 5000. This would also hopefully lead to more responsible use of phones in the first place. If base costs were reasonable to where a kid could pay for it with their allowance as long as they didn't go over board, then we probably wouldn't end up with quite so many people glued to the screen while "driving"/loosely aiming their vehicles down the roads.

    If you're a corporation and you want to count on the bill being the same every month, than sure you can opt in to the current system we're using now so you have the same number of dollars every time it comes to pay the bill, but I really don't think many corporations would go for that kind of thing if it wasn't such a rip off to do it any other way.

    --

    I use to be indecisive, but now I'm not so sure.
  55. Re:Disclosure. by RightSaidFred99 · · Score: 1

    Can you point me to anything from AT&T that guarantees the speed you will get from your mobile device? No? You can''t? Case closed.

    That said, I agree AT&T should just clarify and make very clear exactly what you're getting.

  56. Re:Disclosure. by RightSaidFred99 · · Score: 1

    I'm unaware of anything in AT&T's advertising materials that indicates the speed at which your mobile device will download data.

  57. Re:Disclosure. by RightSaidFred99 · · Score: 1

    Huh? T-Mobile is very clear, at least with my plan. $30 gets unlimited texts/voice, and unlimited data where the first 5G of data is at 3G speeds, and anything beyond 5G is subject to throttling.

  58. Re:Disclosure. by RightSaidFred99 · · Score: 1

    Can you show me anywhere where AT&T indicates _anything_ about the data rates you will see on your phone?

  59. Re:Disclosure. by RightSaidFred99 · · Score: 1

    It is? AT&T guaranteed somewhere in your contract the bandwidth you would get from your phone? Yeah... no, they didn't. Rematch.

  60. Re:Disclosure. by RightSaidFred99 · · Score: 1

    Can you find anywhere in your contract the bandwidth that AT&T guaranteed you? Physics itself literally precludes unlimited (infinite) bandwidth, so surely you can point to the clause in your contract that says AT&T will guarantee you 4G speeds at all times?

  61. Re:Disclosure. by cpu6502 · · Score: 1

    ATT (and others) didn't arbitrarily add the 3 gig cap. They did it because customers were complaining about slow connections or dropped connections (like my hotel Wifi). Their network had reached max capacity.

    Oh and I agree about the false-advertising "unlimited". I hope the government nails them to the wall with a class-action lawsuit. But if you expect wireless internet to always be unlimited, forever, then you're fooling yourself. There is only one spectrum and it is shared with ~1000 other people per cell.

    Plus TV and radio and emergency band. There's not enough room for everyone to be watching Bluray quality videos at the same time.

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  62. Re:it's a free market by forkfail · · Score: 1

    Except that it isn't a free market, given that the spectrum is a publicly shared and owned asset.

    --
    Check your premises.
  63. clear enough? by khipu · · Score: 1

    Since they don't CLEARLY disclose that it's "unlimited data" in their advertising, it's misleading at best.

    It's clear enough on their website, and they don't even seem to be offering the "unlimited" plans anymore (except for non-smartphones).

    http://www.att.com/shop/wireless/plans/data-plans.jsp

    http://www.att.com/esupport/datausage.jsp

    But in any case, at best, you should be able to cancel your contract prematurely, after paying for the balance of your phone. You shouldn't be able to get arbitrary amounts of data for free in perpetuity, which is what you seem to want.

  64. UnMetered vs Unlimited by Mana+Mana · · Score: 1

    >>>
    unlimited data at the advertised speed, the only limitation being time itself. If you offer a 100kbps plan that doesn't let you download 259gb per month, and call it unlimited,
    >>>

    I've posted this many times before and it gets ignored, I agree with your point wholesale. There are inherent limits as you have rightly highlighted. There is a natural limit in all this stuff. We are human, all our stuff and our selves have limits: Of time (consciousness/consumption) + Of bandwidth (throughput/time as you've noted) + Of routing speeds + Of cabling speeds + Of peering agreements? So WTF am I saying.

    IOW, I could argue that X Telecom is prevaricating in its -unlimit- when I request say a download/ refresh of the entire Internet! Fuck, youz crazy you say! Maybe, but that's what "unlimited" ultimately means---ZERO limits.

    To wit, I should be able to ask with -certainty- for God to download the entire Multiverse to my God-device, and it shall be so. He's perfect, yes. Inhuman, thus perfect.

    This is a non brief way of saying, what telecoms/anyone-else should advertise is UnMetered service. For, unless you are Vishnu or some omnipotent deity you can not provided anything in Un-Limited quantities. It's not semantics, man.

  65. As a Sprint customer I know by gelfling · · Score: 1

    I know they swear up and down "No caps no limits" but how do you actually know that. And how does anyone distinguish that from what carriers claim is just a coverage problem or a local congestion? Because I swear that in Raleigh NC Sprint caps me. I know they do. Either that or '4G' is really 0.001G because speed test on 4G yields maybe 400Kbps the best ever but usually half that and 3G is barely 90Kbps. When I talk to Sprint all I get is 'who knows? we don't show any technical problems in your area."

  66. In Soviet Russia by Roachie · · Score: 1

    Customer throttle YOU!

    --
    This sig is not paradoxical or ironic.
  67. Printing Company by Thesire · · Score: 1

    My AT&T contract on my 3G expired last December. I am now a Sprint customer with the 4S. Most of the iPhone users I know are leaving AT&T and droves for Verizon or Sprint.sticker printing services

  68. How the speed? by w3vnzoom · · Score: 1

    with AT&T the data is unlimited is sucessful. How The speeds ?? :).

    --
    wordpress.com [wordpress.com]