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FTC Sues AT&T For Throttling 'Unlimited' Data Plan Customers Up To 90%

An anonymous reader writes The U.S. Federal Trade Commission today announced it is suing AT&T. The commission is charging the carrier for allegedly misleading millions of its smartphone customers by changing the terms while customers were still under contract for "unlimited" data plans that were, well, limited. "AT&T promised its customers 'unlimited' data, and in many instances, it has failed to deliver on that promise," FTC Chairwoman Edith Ramirez said in a statement. "The issue here is simple: 'unlimited' means unlimited." How apropos.

30 of 179 comments (clear)

  1. Meet somewhere in the middle by bhcompy · · Score: 5, Interesting

    If AT&T wants to apply a soft cap, either throttle based on QoS requirements at the time of use or adjust their throttling upward. I rarely hit 5gb a month that causes me to throttle, but it becomes difficult to use modern websites that have no concept of bandwidth control in their design or the ads they allow. Given that I can go from 15mb to 100k at the flip of a switch, I don't see why they couldn't just throttle based on the available bandwidth when it's needed at that point. If I'm abusing my contract and hitting my softcap and bandwidth is tight, sure, throttle me down, but there's no reason to cut me down to ISDN speed when the bandwidth is otherwise underutilized.

    1. Re:Meet somewhere in the middle by Sarten-X · · Score: 2

      The problem then is perception. Network utilization isn't obvious to the end user, so when they're throttled, it just appears that their carrier is slow for no reason. An hour later, it could be fine, so the average self-centered user will blame their carrier for having service that just gets really slow all of a sudden.

      With predictable limits, especially with a warning message or a way to check how much data the user has used, the user feels that it's their fault for hitting the limit, especially if the limit's low enough that they come close every month. They know it's coming, so when bandwidth is suddenly throttled to the slower speed, they're not surprised. It's business as usual, not their provider's inconsistent service.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    2. Re:Meet somewhere in the middle by Charliemopps · · Score: 4, Interesting

      There's a reason for sure. It's $$$

      I used to know a guy that owned a website hosting company. He explained that 95% of his customers used less than 1% of the hardrive space or bandwidth their contracts allowed. That was almost all profit to him. But then less than 1% of his customers were barely inside their space and bandwidth limits. Based on how he advertised and marketed things, they were actually paying less than it cost him to host them. i.e. He lost money on those sites. When some little old lady wanted to setup a site to host her online recipee collection? He was all over that. When someone wanted to setup a music video hosting service that already had a following in the thousands? He wasn't so quick to reply.

      AT&T doesn't want to throttle these people just to limit their effect on the network. AT&T wants them to leave and never come back.

    3. Re:Meet somewhere in the middle by gurps_npc · · Score: 5, Insightful
      They can do that - but not if they say UNLIMITED.

      The word unlimited means NO LIMITS. None. Zero. Nada. Without any restraints.

      You can't advertise something as 'no peanuts' and then put peanuts in it. Similarly, you can't advertise something, or worse, put sell a contract for unlimited and then put limits on it.

      The basic problem is false advertising here. The providers wanted the right to lie.

      That is against the law. They deserve to be punished, and punished severely.

      --
      excitingthingstodo.blogspot.com
    4. Re:Meet somewhere in the middle by bhcompy · · Score: 3, Insightful

      Eh, technically they're not lying. I have unlimited data, but unlimited to the point of the bandwidth they assign me(as is always the case with any unlimited service). I don't have a guaranteed speed in my 10-15 year old AT&T unlimited contract.

    5. Re:Meet somewhere in the middle by xaotikdesigns · · Score: 2

      Sure there is. They want to encourage you to spend more money on a limited data cap.

      FTFY

      --
      XDInd
    6. Re: Meet somewhere in the middle by Anonymous Coward · · Score: 3, Informative

      Idiot. The data cap is unlimited. There is no higher data cap.

    7. Re:Meet somewhere in the middle by Anonymous Coward · · Score: 5, Insightful

      Except the service being sold (in this case) is advertised as "unlimited". Having your service go from full speed "unlimited" to walking speed "unlimited" because you hit an undefined/invisible cap is fraudulent.

      By that logic, police officers should be able to arbitrarily fine you for speeding in an area anywhere you are, no matter what your speed.

      "But the sign says '40 mph'!"
      "Yeah, but this UNMARKED spot is a 5 mph zone. Oh and for taking a hostile tone with me, I'm going to throw in some extra fines. Pay the fine or I'll have your car impounded."

    8. Re:Meet somewhere in the middle by Bengie · · Score: 4, Insightful

      Unlimited means there are no limits. By definition, throttling after a certain "limit' is a limit. Their usage not only does not agree with colloquial usage, but it also disagrees with logic. "No limits, but if you use too much, we'll punish you."

      Unlimited: without any limits or restrictions

    9. Re:Meet somewhere in the middle by bhcompy · · Score: 2

      Depends on what the contract says. Wireless contracts do not provide any guaranteed level of bandwidth capability

    10. Re:Meet somewhere in the middle by DutchUncle · · Score: 2

      If they are going out of their way to throttle the bandwidth as a function of the quantity of data, then they're lying. Yes, available bandwidth and throughput vary as a function of system load, so if the whole neighborhood is watching youtube things get slower for everyone; but when they list a "cap" and throttle above it, they're contradicting the original promise of "unlimited".

    11. Re:Meet somewhere in the middle by Jason+Levine · · Score: 2

      In this case, the "solution" to the throttling was to get a non-unlimited plan. In the "pulled over for speeding" analogy, this would be like two cars driving down the road at the same speed. One car is pulled over because he didn't pay as much to the Police Benevolent Association.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    12. Re:Meet somewhere in the middle by Dynedain · · Score: 2

      I have Grandfathered Unlimited with AT&T. They're screwing us.

      Unlimited used to mean Unlimited. Now "Unlimited" means if you use more data than our basic tiered plan, we are going to arbitrarily throttle your speeds to those available when you first bought into the plan (Edge, vs LTE).

      It is very clearly a reduction of service for "Unlimited" users to encourage them to drop the plan for the tiered pricing, which has no speed restrictions. Verizon just got slapped around by the FCC for doing this. AT&T is due.

      Back in dial-up days, companies tried the same kind of crap and got punished for it. Eventually ISPs shifted to truly unlimited plans. Later, rinse, and repeat.

      --
      I'm out of my mind right now, but feel free to leave a message.....
    13. Re:Meet somewhere in the middle by JasonGoatcher · · Score: 2

      Eh, technically they're not lying. I have unlimited data, but unlimited to the point of the bandwidth they assign me(as is always the case with any unlimited service). I don't have a guaranteed speed in my 10-15 year old AT&T unlimited contract.

      That only counts as honest if you live in the land of salesman morality. Everyone else calls that lying.

  2. Inevitable outcome by swb · · Score: 4, Funny

    AT&T issues press release defending action as within the definition of "unlimited" they found in the dictionary in that one empty cubicle the temp was using last week.

    Settlement agreed upon with the FTC to include your choice of $2.99 worth of AT&T credit on your account or a check for $1.19 if you send 3 years of back statements, including the envelope, to Dewey, Cheatam & Howe who will be overseeing the settlement process.

  3. Re:I'm fine with a fine by i+kan+reed · · Score: 2

    Depends, is the goal disincentivizing scummy behavior or redeeming the company morally?

  4. Misleading? IT'S CALLED FRAUD! by schwit1 · · Score: 4, Insightful

    Bait and switch is illegal. Where are the criminal indictments against the decision makers?

    1. Re:Misleading? IT'S CALLED FRAUD! by MobyDisk · · Score: 5, Informative

      FYI: Bait-and-switch is not a criminal offense in the United States.
      http://en.wikipedia.org/wiki/B...

      It seems that FTC didn't think the cause was strong enough for a fraud charge.

  5. Re:Unlimited means Unlimited means Verizon Definit by Mr+D+from+63 · · Score: 2

    Seems like AT&T changed their definition of unlimited at some point.

  6. All based on a false-to-fact payment model by rbrander · · Score: 5, Interesting

    The *expenses* that any utility has providing services fall into three broad categories:

    1) One time costs of putting in infrastructure - or at least they appear one-time for any human lifetime, as lots of pipes (and even copper phone wires from the 30s) outlast people. But everything needs replaced eventually on some "lifecyle" of 20-120 years. These costs are handled by large banks loaning money over long periods so that it becomes a yearly cost that can be broken down per subscriber, or reasonably apportioned to subscribers by usage category (you vs Netflix, they pay thousands of times more).

    2) Yearly fixed costs. They have to employ X guys to keep the lines strung through snowstorms, whether your line falls or not. Again, this breaks down to a monthly bill per subscriber and regulators can routinely agree how much you vs netflix pays, based on whether your "category" is 1-500 GB/month or 500-5000 or >5000.

    3) Costs that are exactly proportional to usage. The actual cost of water per gallon, once all the pipes and plants are paid for; the actual cost of electricity per kWh, after all wires are bought and maintained. And there can be complexities here with utilities that have "rush hours" where using power when they're maxed reequires buying more expensive power - these can be addressed with "peak time surcharges" if needed.

    With power especially, these are routinely broken out so that you don't pay $0.11 per kWh - you pay $20/month plus $0.07 per kWh. That's only fair. Any kind of pro-rating means some subscribers subsidize others.

    With internet, every single ISP tries to blend all their costs into one monthly charge, and so you have $50/month and $80/month and $120/month "plans" with caps. It's all hogwash. THere should be ONE formula. And from the Netflix corporate filings, we know the Big Secret: data in bulk is now transmitted for barely 2 cents per GB.

    So, your $50 plan should be a $48 plan, plus a nickel per GB - that's still giving them a vast profit per GB transmitted, but nobody will care as few use more than 100GB per month.

    If they were regulated into breaking out fixed costs vs per-GB costs, all this crap with "data caps" and throttling would go away. No caps, because you pay per GB and they want you to buy more. No throttling for the same reason.

    Even DISCUSSING the notion of a "cap" or a "throttling" is buying into their model of pricing, which is good for them and not for you. Don't do it.

  7. Make it right... by SenatorPerry · · Score: 2

    I am not sure how you can fix the impact AT&T has had on their prior customers. I simply had to leave their service after my throttled connection wouldn't allow for me to use GPS while traveling.

    How do you put right what they did wrong? A fine won't do it, since innocent shareholders will suffer. Forcing them to adopt unmetered accounts won't fix the fact I am now on Verizon's network unable to use the service as it is sold. Tossing a few dollars to me won't make up for what I have had to deal with regarding Verizon's war on their customers.

    This should be the turning point for AT&T, which is that the only way to make this right is to have them deal with the same issues we all dealt with. That is, they should enact regulation and then split the company apart and force them to compete with themselves.

    1. Re:Make it right... by TheCarp · · Score: 5, Insightful

      > A fine won't do it, since innocent shareholders will suffer.

      How and why are shareholders innocent? They bought part of the company, the company behaved badly and got fined, they, as part owners, are partly responsible. Them taking a hit on share price is absolutely just, and I see no reason to make any special exceptions for them just to avoid that.

      Now if the shareholders then wish to claim they were wronged by bad decisions the company made which were against the best interests of the shareholders, I wouldn't say they are wrong, but it really is a separate issue.

      Now seeing the company first fined, then have its stock slide, and then be sued by its shareholders....THAT seems like it would send the right message, don't you think?

      --
      "I opened my eyes, and everything went dark again"
  8. Re:I'm fine with a fine by jeffmflanagan · · Score: 4, Funny

    Yes, but not for AT&T.

  9. Decades ago - unlimited local calling by davidwr · · Score: 2, Informative

    Back in the 70s, most urban areas and many rural areas had "unlimited local calling" and "unlimited incoming calls." This was fine until the rise of home-based BBSs which tended to use more of the limited telephone-switch resources 24x7 than the telephone company's planners envisioned. The "Baby Bells" (the descendants of the breakup of the original AT&T/"Ma Bell") tried to get these systems billed at business rates. Eventually, I think there was a compromise either nationally or in the state I lived in at the time: If you ran less than X number of phone lines you could publicly advertise your non-business BBS and still be billed at residential rates. Anything more than X number of phone lines and you would be charged at business rates.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  10. We broke up AT&T for a reason. by Lilith's+Heart-shape · · Score: 5, Insightful

    And it looks like AT&T hasn't learned their lesson. Break 'em up again. Do the same to Comcast and Verizon. Hell, break up Microsoft and Google as well, just for shits and giggles. America is long overdue for some trust-busting.

  11. Re:FCC: Unlimited does NOT mean unlimited by Holi · · Score: 2

    FTC is not the FCC. Now granted it would be nice if they were on the same page, but that rarely happens.

    --
    Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
  12. Re:No meeting in the middle... by Jaime2 · · Score: 2

    Unlimited means that I get fair access to available bandwidth and I never get charged extra no matter how much I use.

    AT&T's implementation of unlimited means that if I use more total data in a billing period than they think a typical customer should use, then my service is degraded more than other customers service is degraded. In many cases, they are throttling unlimited users at times when there is surplus bandwidth - that's just vindictive.

  13. BS "fees" by whoever57 · · Score: 2

    I am just waiting for the day where every service is priced at $.01 ("plus fees and taxes"). Price comparisons are meaningless when a large chunk of the price is mandatory fees.

    I don't mean baggage fees on flights, since one may choose not to take baggage, but such things as the "resort fee" which hotels add to bills in certain locations, etc.. These "fees" are a cost of business and should be included in the base price.

    Other examples are rental car companies charging a fee to cover their agent's salary (yes, really!) or the property taxes for the vehicle (which the rental company must pay irrespective of whether someone rents the vehicle or it sits in the garage).

    --
    The real "Libtards" are the Libertarians!
    1. Re:BS "fees" by neminem · · Score: 2

      My favorite is Ticketbastard, which finally started displaying their 10+ buck "fees" alongside ticket prices when you hover over a ticket you're thinking of (which, since you have no choice in the matter, there's really zero reason not to just call that price the price of the ticket, except then they'd have to stop advertising that their supposed prices are so cheap)... which, good for them, right? At least they're displaying the price of the ticket before you go to purchase them, right? Not right. There's that fee, but then when you go to actually pay, there are two *more* fees that were *not* displayed earlier. Because of course there are.

  14. Not true by StevenMaurer · · Score: 3, Insightful

    No matter how "unlimited" a data cap supposedly is, if the bandwidth is limited, then there is only a limited amount of data you will ever be able to pull through it over a monthly period. So therefore it's limited, QED.

    To posit an absurd example to prove the point, if AT&T advertised an "unlimited bandwidth" connection that could only download one byte per minute, your effectively monthly data cap would be: 60 (seconds) * 60 (minutes) * 24 (hours) * 31 (days) = 2.67 Mb per month.

    Artificially throttling bandwidth is imposing a lower data cap, period.