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Hey guys,
I am not sure if any of you are aware but I started a petition on groubal.com about AT&T capping upload speeds on the Atrix 4G. I got arounf $259 signatures already and phonedog.com has published an article about it today.
http://www.groubal.com/att-misleading-their-customers-about-4g-and-capping-upload-speeds/
http://www.phonedog.com/2011/03/01/...-the-lack-of-hsupa-on-their-android-handsets/
I encourage everyone to file claims with the FCC and the BBB...This crap needs to stop !
I'm guessing you don't follow law. ATT is well within their legal right to cap upload speeds. With that new pesky law separating wired and wireless internet they have the power. Plus not to be a downer but do you think ATT is really going to uncap their upload speeds because of an online petition?
On top of all that, limiting the upload speed on the average user, does not affect them at all. And with that cap in place, it will yield faster download speeds for everyone.
The amount of entitlement some people think they deserve never ceases to amaze me.
Amazing.
Sent from my Desire HD using XDA App
Whatever...I am entitled to it because I pay for it ! You guys are missing the point and I am glad I do not think the way both of you do. AT&T should cap speeds for eveybody and not do any kind of favoritism.
"I'm guessing you don't follow law" dumbest thing I have heard in a long time..Consumers are protected by law as well.
I understand the misleading aspect of your argument (when I bought the phone some reps told me things I knew were false), but a petition will probably net you nothing but frustration.
Sent from my Desire HD using XDA App
It does not hurt to try....
2kgt said:
The amount of entitlement some people think they deserve never ceases to amaze me.
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Spot-on with the comment. It's why we're falling so far behind... "I was a victim because I didn't read my mortgage contract" ... always looking to play victim.
If someone doesn't like the upload cap, go to another provider.
zizo79 said:
Consumers are protected by law as well.
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You don't have to be rude.
I was merely pointing out that with the new law change, ATT has the right to cap their upload speeds. But since you insist on being that way. Good luck with your ignorant and petty petition which will inevitably go no where.
Peace
zizo79 said:
Whatever...I am entitled to it because I pay for it ! You guys are missing the point and I am glad I do not think the way both of you do. AT&T should cap speeds for eveybody and not do any kind of favoritism.
"I'm guessing you don't follow law" dumbest thing I have heard in a long time..Consumers are protected by law as well.
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You clearly have no understanding of the law. You signed a contract and one of the terms of the contract is that ATT may regulate network speeds as they deem necessary to maintain a healthy network.
They can put a term in there to whatever affect they wish, and if you sign it, you're obligated to it. The ONLY terms they're forbidden to include are those which violate a local\federal\state law, like if they were to impose a $50 late payment fee, that would be against the law. But if they state that they can, at their discretion, limit\throttle\suspend your network access if they determine you're abusing it, it was your CHOICE to sign up for such service, and YOU must comply, otherwise it's YOU who violated the contract, not them.
File a complaint with the FCC and hire an attorney if you don't believe me. Or simply READ your contract rather than spouting unfounded garbage
I do not feel like a victim of any sort...Good luck with your 130-150 kbps speeds.
colbur87 said:
You don't have to be rude.
I was merely pointing out that with the new law change, ATT has the right to cap their upload speeds. But since you insist on being that way. Good luck with your ignorant and petty petition which will inevitably go no where.
Peace
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Good response, anyone who argues that they have a "legal right" to take whatever data they want "because I pay for it" is clearly delusional. It's just immature and so incorrect.
bella92108 said:
You clearly have no understanding of the law. You signed a contract and one of the terms of the contract is that ATT may regulate network speeds as they deem necessary to maintain a healthy network.
They can put a term in there to whatever affect they wish, and if you sign it, you're obligated to it. The ONLY terms they're forbidden to include are those which violate a local\federal\state law, like if they were to impose a $50 late payment fee, that would be against the law. But if they state that they can, at their discretion, limit\throttle\suspend your network access if they determine you're abusing it, it was your CHOICE to sign up for such service, and YOU must comply, otherwise it's YOU who violated the contract, not them.
File a complaint with the FCC and hire an attorney if you don't believe me. Or simply READ your contract rather than spouting unfounded garbage
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Hey OP you got me thinking of signatures now...
/sign this post
zizo79 said:
I do not feel like a victim of any sort...Good luck with your 130-150 kbps speeds.
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130-150kbps speeds? That's random.
bella92108 said:
You clearly have no understanding of the law. You signed a contract and one of the terms of the contract is that ATT may regulate network speeds as they deem necessary to maintain a healthy network.
They can put a term in there to whatever affect they wish, and if you sign it, you're obligated to it. The ONLY terms they're forbidden to include are those which violate a local\federal\state law, like if they were to impose a $50 late payment fee, that would be against the law. But if they state that they can, at their discretion, limit\throttle\suspend your network access if they determine you're abusing it, it was your CHOICE to sign up for such service, and YOU must comply, otherwise it's YOU who violated the contract, not them.
File a complaint with the FCC and hire an attorney if you don't believe me. Or simply READ your contract rather than spouting unfounded garbage
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It will really nice if you point me in their contract where they can do as they wish with their network...lol
colbur87 said:
Hey OP you got me thinking of signatures now...
/sign this post
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Can we sign a petition against self-entitlement petitions? hehe
The universal response in front of the grocery store to "Sir will you sign a petition for _______ cause?" is "Oh, I'm not a registered voter in THIS county" ... sometimes it's better to burry head in sand. hehe
zizo79 said:
It will really nice if you point me in their contract where they can do as they wish with their network...lol
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6.1 What Are The General Terms That Apply To All Data And Messaging Plans? Print this section | Print this page
AT&T provides wireless data and messaging Services, including but not limited to, features that may be used with Data Services and wireless content and applications ("Data Services"). The absolute capacity of the wireless data network is limited. Accordingly, Data Services are only provided for prescribed purposes and pricing for Data Services is device dependent and based on the transmit and receive capacity of each device.
On Data Services with a monthly megabyte (MB) or gigabyte (GB) allowance, once you exceed your monthly allowance you will be automatically charged for overage as specified in the applicable rate plan information. All data allowances, including overages, must be used in the billing period in which the allowance is provided or they will be forfeited.
A pricing plan designated for one type of device may not be used with another device. Compatible data-enabled wireless device required. An Activation Fee may apply for each data line.
The consumer data plan does not allow access to corporate email, company intranet sites, and other business applications. Access to corporate email, company intranet sites, and/or other business applications requires an applicable Enterprise Data plan. Enterprise Email requires an eligible data plan and Device. Terms may vary depending on selected Enterprise Email solution.
AT&T RESERVES THE RIGHT TO TERMINATE YOUR DATA SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR WIRELESS CUSTOMER AGREEMENT.
See related links | See all legal
it amazes me to see that you all are not seeing the picture of this petition. Its not to complain about something in the contract. What we are fighting for is the reason WHY our phones are limited in upload speeds when the Iphones have a much higher cap. They are on the same network, same data plans, and yet they have better upload and download. I don't know about you all but when Im paying for a service I expect to get the same treatment as everyone else paying for that same service.
bella92108 said:
6.1 What Are The General Terms That Apply To All Data And Messaging Plans? Print this section | Print this page
AT&T provides wireless data and messaging Services, including but not limited to, features that may be used with Data Services and wireless content and applications ("Data Services"). The absolute capacity of the wireless data network is limited. Accordingly, Data Services are only provided for prescribed purposes and pricing for Data Services is device dependent and based on the transmit and receive capacity of each device.
On Data Services with a monthly megabyte (MB) or gigabyte (GB) allowance, once you exceed your monthly allowance you will be automatically charged for overage as specified in the applicable rate plan information. All data allowances, including overages, must be used in the billing period in which the allowance is provided or they will be forfeited.
A pricing plan designated for one type of device may not be used with another device. Compatible data-enabled wireless device required. An Activation Fee may apply for each data line.
The consumer data plan does not allow access to corporate email, company intranet sites, and other business applications. Access to corporate email, company intranet sites, and/or other business applications requires an applicable Enterprise Data plan. Enterprise Email requires an eligible data plan and Device. Terms may vary depending on selected Enterprise Email solution.
AT&T RESERVES THE RIGHT TO TERMINATE YOUR DATA SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR WIRELESS CUSTOMER AGREEMENT.
See related links | See all legal
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Boom.. very nice bella. I think this thread can be closed now...
zizo79 said:
It will really nice if you point me in their contract where they can do as they wish with their network...lol
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Oh also this term:
6.11.1 What Are the General Terms that Apply to All DataConnect Plans?
We may, at our discretion, suspend your account if we believe your data usage is excessive, unusual or is better suited to another rate plan. If you are on a data plan that does not include a monthly MB/GB allowance and additional data usage rates, you agree that AT&T has the right to impose additional charges if you use more than 5 GB in a month; provided that, prior to the imposition of any additional charges, AT&T shall provide you with notice and you shall have the right to terminate your Data Service.
http://www.gsmarena.com/whats_the_deal_with_carrier_iq_and_what_it_means_to_you-news-3460.php
Does the O3D come pre-installed with the Carrier I.Q. "spyware" in any of the standard ROM's?
Don't think so. At least in the Euro Open ones there's no trace of it I could find.
Cheers fella.
I couldn't find it in my firewall listing either.
Thanks for taking the time to reply.
I'm T-Mobile, using the Euro Open V21a. When T-Mobile (UK) release the V21a I'll flash it and check if it is in there, then re-flash back to Euro Open.
Carrier IQ Updates Statement: Operators Use Carrier IQ Software Only to Diagnose Operational Problems on Networks and Mobile Devices.
Mountain View, CA – December 1, 2011 – To clarify misinformation on the functionality of Carrier IQ software, the company is updating its statement from November 23rd 2011 as follows:
We measure and summarize performance of the device to assist Operators in delivering better service.
While a few individuals have identified that there is a great deal of information available to the Carrier IQ software inside the handset, our software does not record, store or transmit the contents of SMS messages, email, photographs, audio or video. For example, we understand whether an SMS was sent accurately, but do not record or transmit the content of the SMS. We know which applications are draining your battery, but do not capture the screen.
“Having examined the Carrier IQ implementation it is my opinion that allegations of keystroke collection or other surveillance of mobile device user’s content are erroneous,” asserts Rebecca Bace of Infidel Inc. a respected security expert.
Privacy is protected. Consumers have a trusted relationship with Operators and expect their personal information and privacy to be respected. As a condition of its contracts with Operators, CIQ operates exclusively within that framework and under the laws of the applicable jurisdiction. The data we gather is transmitted over an encrypted channel and secured within our customers’ networks or in our audited and customer-approved facilities.
Carrier IQ is aware of various commentators alleging Carrier IQ has violated wiretap laws and we vigorously disagree with these assertions.
Our software makes your phone better by delivering intelligence on the performance of mobile devices and networks to help the Operators provide optimal service efficiency. We are deployed by leading Operators to monitor and analyze the performance of their services and mobile devices to ensure the system (network and handsets) works to optimal efficiency. Operators want to provide better service to their customers, and information from the device and about the network is critical for them to do this. While in-network tools deliver information such as the location of calls and call quality, they do not provide information on the most important aspect of the service – the mobile device itself.
Carrier IQ acts as an agent for the Operators. Each implementation is different and the diagnostic information actually gathered is determined by our customers – the mobile Operators. Carrier IQ does not gather any other data from devices.
CIQ is the consumer advocate to the mobile operator, explaining what works and what does not work. Three of the main complaints we hear from mobile device users are (1) dropped calls, (2) poor customer service, and (3) having to constantly recharge the device. Our software allows Operators to figure out why problems are occurring, why calls are dropped, and how to extend the life of the battery. When a user calls to complain about a problem, our software helps Operators’ customer service more quickly identify the specific issue with the phone.
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Darkforce101 said:
Carrier IQ Updates Statement: Operators Use Carrier IQ Software Only to Diagnose Operational Problems on Networks and Mobile Devices.
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Yeah, sure. I have no doubt about it. That's why they intercept all keystrokes, sms, URL including https ones...
Yep, only to diagnose op. problems. And of course they discount the bandwidth used for their diagnoses from your account.
According to the various Android news sites Carrier IQ is only on US phones, including Apples Iphone, but not on UK or European devices.
Dave
And so it begins:
"We all knew it was going to happen - the first lawsuits are being filed against Carrier IQ and its data-stealing nature. Not only is CIQ getting hit with a suit, but HTC and Samsung are also being thrown into the ring since many of their phones support the software.
The suit claims that Carrier IQ is in violation of the Federal Wiretap Act, which makes intercepting "oral, wire, or electronic communications" illegal. The punishment isn't a light one, either - $100 per day for every incident; that could potentially cost Sammy and HTC millions of dollars.
Information is just now becoming available about the suit, but we'll make sure to keep you posted as more details become available.
This is probably the first of many suits to come; after all, not a single carrier is involved... yet. "
http://www.androidpolice.com/2011/1...rier-iq-could-potentially-cost-them-millions/
I'm thinking one will be started soon based on I believe that it's a breach of contact based on the termed "Unlimited" Data.
If you look up Unlimited you get the following definition.
1: lacking any controls : unrestricted <unlimited access>
2: boundless, infinite <unlimited possibilities>
3: not bounded by exceptions : undefined
So by AT&T controlling just Unlimited data users rate speeds, seems like a breach of contract. Anyone care to give some insight?
there was petition and i have thread somewhere.
specter07 said:
I'm thinking one will be started soon based on I believe that it's a breach of contact based on the termed "Unlimited" Data.
If you look up Unlimited you get the following definition.
1: lacking any controls : unrestricted <unlimited access>
2: boundless, infinite <unlimited possibilities>
3: not bounded by exceptions : undefined
So by AT&T controlling just Unlimited data users rate speeds, seems like a breach of contract. Anyone care to give some insight?
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specter07 said:
I'm thinking one will be started soon based on I believe that it's a breach of contact based on the termed "Unlimited" Data.
If you look up Unlimited you get the following definition.
1: lacking any controls : unrestricted <unlimited access>
2: boundless, infinite <unlimited possibilities>
3: not bounded by exceptions : undefined
So by AT&T controlling just Unlimited data users rate speeds, seems like a breach of contract. Anyone care to give some insight?
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Look up all of the terms of the contract. The dictionary definition is completely irrelevant when talking in legal terms, where any word can be defined far differently than it seems to be in the real world. Unlimited probably comes with a whole slew of stipulations and limitations laid out in the contract, including throttling "to maintain quality of service for its customers". Unless you can find somewhere where they advertised and left out an asterisk and/or the fine print, you're boned.
Yup
appdroid said:
there was petition and i have thread somewhere.
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I saw that, I signed it also. Sad thing is that it needs 20,000 people and I have number 120 something.
Here's the thing, they aren't doing anything to your "unlimited" data. They are throttling your speed not your access to the data itself. According to them you can still use as much as you want it's just at a laughable speed. This is all done to, what they hope, make you switch to the 4 gb plan.
While what they as a company are doing to us with the unlimited plan is ridiculous and shouldn't be allowed, I'm not convinced anything can be done about it other then moving companies. I for one will be taking my internet plan to another provider.
Wow, so where are you going to jump ship to. All other carriers have the same plans as At&t. Oh, and if you thinking of going to Sprint I would not their internet speeds are the worst. Just out of curiousity how much is your unlimited data plan anyway?
Sent from my HTC Flyer P510e using XDA App
don't go to sprint. We still get better internet speed with different APN while throttle compare with sprint.
the unlimited plan I signed up for was for the iphone at 30.00 per month. I get to keep that rate for an unlimited plan for the skyrocket.
And I did say internet service not phone service would be moved. I live in San Francisco so it's not like i don't have options for a new isp
Same here, I have the $30.00 a month unlimited plan.
In the legal world, words are open to interpretation unless otherwise noted. So basically going to have to look back to the unlimited plan contract and see if they have anything about restricting speeds.
As far as them not doing anything to my unlimited plan they are. They are restricting me how I use it. Before there were no restrictions on how you use your unlimited plan, now they are restricting my speed to the point where its unusable. I went from downloading 20 + mbps to 0.12 mbps and I've tried switching to HSPA+ but can't seem to get it to work. I've tired about 5 different methods that are posted here and on goggle and nothing, phone wont get a connection.
Also they are only throttling a specific group of people. Now if they did this to every data plan then it would be a different story but since it's only grandfathered unlimited data users I'm sure that would help in the Suit.
This is the one clause that pretty much protects them
http://www.wireless.att.com/cell-ph...Are The Limitations On Service And Liability?
Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion.
Additional hardware, software, subscription, credit or debit card, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. AT&T is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.
Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. AT&T is not responsible for loss or disclosure of any sensitive information you transmit. AT&T's wireless services are not equivalent to wireline Internet. AT&T is not responsible for nonproprietary services or their effects on devices.
We may, but do not have the obligation to, refuse to transmit any information through the Services and may screen and delete information prior to delivery of that information to you. There are gaps in service within the Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. AIRTIME AND OTHER SERVICE CHARGES APPLY TO ALL CALLS, INCLUDING INVOLUNTARILY TERMINATED CALLS. AT&T MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL AT&T BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
act or omission of a third party;
mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us;
damage or injury caused by the use of Services, Software, or Device, including use in a vehicle;
claims against you by third parties;
damage or injury caused by a suspension or termination of Services or Software by AT&T; or
damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
Notwithstanding the foregoing, if your Service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly Service fee for the time period your Service was unavailable, not to exceed the monthly Service fee. Our liability to you for Service failures is limited solely to the credit set forth above.
Unless prohibited by law, AT&T isn't liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Services, Software, or Devices provided by or through AT&T, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
To the full extent allowed by law, you hereby release, indemnify, and hold AT&T and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by AT&T or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF AT&T, or any violation by you of this Agreement. This obligation shall survive termination of your Service with AT&T. AT&T is not liable to you for changes in operation, equipment, or technology that cause your Device or Software to be rendered obsolete or require modification.
SOME STATES, INCLUDING THE STATE OF KANSAS, DON'T ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
00mred00
That protects them now, but I want to see my original contract from when I got my data plan back several years ago.
Oh I agree.. but...you renewed your contract just like I did and we became subject to those new terms. They also have a "right to change terms" in there somewhere...and it has been there for years. Unfortunately unlike credit cards, I don't think there is anything mandating they have to notify you of the changes.
At least with sprint we had the option to opt out without penalty if certain things were changed
specter07 said:
00mred00
That protects them now, but I want to see my original contract from when I got my data plan back several years ago.
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Sent from my SAMSUNG-SGH-I727 using XDA App
No breach of contract because you still have unlimited data. U signed a contract for unlim data usuage not speed. Take your little dictionary terms and shove em you know where. All these threads have on them anymore are people crying about data. Can you find something better to do with your lives? Probably not
Sent from my SAMSUNG-SGH-I727 using xda premium
...says the idiot who attacks people on forums because his mommy didn't love him enough.
Ok people. Enough flaming ...... agree to disagree. But that is correct they can throttle all they want. Att and vzw have fast lte. But throttleing. Sprint has unlimited and does not throttle but there speeds are so slow its like being throttled 24/7
Where can i sign the petition?
Can someone please post a link for the petition or a class action lawsuit?
Thanks
p.s i'm a newbb lol
When I get home I'll post it for you.
Sent from my SAMSUNG-SGH-I727 using xda premium
I created the thread for petition and Here it is.
super8sean said:
Can someone please post a link for the petition or a class action lawsuit?
Thanks
p.s i'm a newbb lol
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While I agree with the petition and think that AT&T are being miserly with their usage caps, that kind of petition won't get you anywhere. Class action law suits need lawyers, consumer advocates, media savvy activists, and the like. You could have a million signers to some non-binding online petition and a judge wouldn't give a crap.
A petition can help gauge interest before moving forward with a legal team, etc. I don't care much about the throttle issue but I'm definitely interested in joining a class action lawsuit against Samsung for the screen issue.
T-Mobile.com Manage Your Account Support
Important Notice about Domestic Data Use While Off the T-Mobile Network
Beginning on April 5, 2012 there will be a limit on the amount of data that can be used while a T-Mobile customer's device is connected to another provider's network ("off network" or "domestic romaing"). Customers that are domestically roaming will receive free text message usage alerts for data. If the roaming data limit is exceeded for a Rate Plan, then data service will be suspended from off-network roaming until the start of the next bill cycle or a qualifying change is made to the Rate Plan. This will not impact: (1) voice usage, and (2) data usage on the T-Mobile network.
To determine domestic roaming areas, see the T-Mobile data coverage map by visiting www.T-Mobile.com/Coverage. The domestic roaming data allowance for each Rate Plan is outlined in the chart below. To use this chart, review the Current Rate Plan Full Speed Data Allotment column to identify the megabytes (MB) or gigabytes (GB) included in your Rate Plan, and then see the domestic roaming data usage limit that applies on the right. The megabytes of gigabytes for a Rate Plan can often be found by reviewing the Available Service section on page 1 of the bill (ex: Classic Simple 200MB Data Promo) or by dialing #WEB# send from your mobile phone.
Current Rate Plan Full Speed Data Allotment New Domestic Off Network (Romaing) Data Limit
1MB to 199MB 5MB
200MB to 1.99GB 10MB
2GB to 4.99GB 50MB
5GB to 9.99GB 100MB
10GB and above 200MB
Mobile Web Pay Per Use 10MB
Off-network data use may occur even when you are within the T-Mobile coverage area. See T-Mobile.com for directions on how to update device settings to avoid domestic roaming and for more information about this notice. Review Sections 3-5 of T-Mobile's Terms and Conditions available at T-Mobile.com for information on your rights (which may include early service cancellation) as a T-Mobile customer. Please retain a copy of this notice for your records. © 2012 T-Mobile USA, Inc.
©2002-2012 T-Mobile USA, Inc. | Terms of Use | Terms & Conditions | Return Policy | Privacy Policy
I just got this email.
I do not accept the terms of this change to my contract.
I will be voicing my problem with this with t-mobile on monday morning.
I enrolled in this plan with them specifically for data and do not use voice or text, and am frequently out of t-mobile tower range.
This is a breach of contract and I expect I will need to talk to a lawyer, looks like my contract with them for service has been voided. I have no doubt that they will try to charge me a termination fee, and I also have no doubt I will see them in court.
Lets hope it doesn't come to that.
Blue6IX said:
I just got this email.
I do not accept the terms of this change to my contract.
I will be voicing my problem with this with t-mobile on monday morning.
I enrolled in this plan with them specifically for data and do not use voice or text, and am frequently out of t-mobile tower range.
This is a breach of contract and I expect I will need to talk to a lawyer, looks like my contract with them for service has been voided. I have no doubt that they will try to charge me a termination fee, and I also have no doubt I will see them in court.
Lets hope it doesn't come to that.
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All you have to do is basically make them aware you know its breech of contract and tell them to let you off contract etf free because of that
Sent from my HTC Sensation XE with Beats Audio using Tapatalk
Blue6IX said:
I just got this email.
I do not accept the terms of this change to my contract.
I will be voicing my problem with this with t-mobile on monday morning.
I enrolled in this plan with them specifically for data and do not use voice or text, and am frequently out of t-mobile tower range.
This is a breach of contract and I expect I will need to talk to a lawyer, looks like my contract with them for service has been voided. I have no doubt that they will try to charge me a termination fee, and I also have no doubt I will see them in court.
Lets hope it doesn't come to that.
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let us know what happens im sure i will be calling after you do on Monday, oh id use a call recorder app just to be on the safe side for your end you never know when you might need part of the conversation you have with one of them.......hey they do it to us why not reverse it on them. It just seems like they just keep making their loyal customers want to leave from all these sneaky moves. somebody does not know how to operate a company very well
strapped365 said:
All you have to do is basically make them aware you know its breech of contract and tell them to let you off contract etf free because of that
Sent from my HTC Sensation XE with Beats Audio using Tapatalk
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Yea, that's basically what I assume will happen - I was sold on it because of mobile data off-tower advantages.
Sent from my Bulletproof_Doubleshot using xda premium
any news on this? Anyone call ?
Sent from my HTC myTouch_4G_Slide using Tapatalk
I just woke up a little bit ago, and by the time I get my head about me it'll be too late to call today.
I have work at 7 a.m. tomorrow, so if I get done early enough i'll call then. I wok day and night shifts so sometimes it's hard for me to be available during business hours.
Customer care is open 24/7. I don't understand how it is ever to late to call.
I would love to get out of contract ETF free, I want to move to AT&T, that Galaxy Note is amazing, but AT&T sucks on stale nutsack.
I tried to cancel three times. No luck
Sent from my myTouch_4G_Slide using XDA App
sabeard said:
Customer care is open 24/7. I don't understand how it is ever to late to call.
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I have a half dozen issues to take up in the call beyond this, so I just figured i'd have to call during normal business hours to be able to interact with billing and retentions during the course of the call - wasn't aware they were available around the clock as i've tried before off-hours and was unable to get my issues resolved.
I definitely have to get this all resolved before this billing cycle is up because t-mo is trying to fleece me pretty good and i'm not impressed at all.
Any update on this?
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Can someone ex plane this in laymans terms please.
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Madblaster6 said:
Can someone ex plane this in laymans terms please.
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Basically tmobile is changing how much data you are allowed to use while roaming. More like decrease it by cutting you off once you reach your limit. The amount you get depends on your current data plan. People are arguing that this is a breach of contract and are trying to get out of their contract ETF free so they can move to a provider who basically have better coverage which would mean no roaming data. Tmobile is playing hardball and letting some people out but not others based on past roaming behavior. Basically the new plan ducks
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smockonallama said:
Off-network data use may occur even when you are within the T-Mobile coverage area.
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How is this even possible. If you are in the tmobile coverage area...wouldn't you be connected to tmobile? Are they saying "oh sorry, the device you have (that we sold you) didn't pick up our signal, and it thought it was roaming, so pay us money for all the data you used."
Really!?
liht said:
How is this even possible. If you are in the tmobile coverage area...wouldn't you be connected to tmobile? Are they saying "oh sorry, the device you have (that we sold you) didn't pick up our signal, and it thought it was roaming, so pay us money for all the data you used."
Really!?
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UPDATE: Today - 15 March 2012 - at 1:27 I phoned T-Mobile {611} to talk about this new "Domestic Data Roaming" Plan and explained to them that I have been w/ T-Mobile for 12 years but that I am not happy that they have changed the existing plan and would like to opt out of the contract w/ out paying an ETF {Early Termination Fee} and this is what I was told:
"This plan will only affect 1% of T-Mobile customers. Through extensive research it was determined that YOU are not in that 1% and therefor you will not be effected at all."
I spoke w/ two different people - one just a regular customer service rep and secondly a lady w/ the T-Mobile Customer Loyalty Center. Both were nice, but both told me, essentially, the same thing.
My comeback to them was that they have only viewed past data usage and are not taking into account FUTURE data usage and explained that this summer I will be doing a lot of traveling, which I am, as I will be seeing several shows of Roger Waters - The Wall Live, and I feel that this may affect me at that time.
To them, this did not matter. I asked when my "30-day window" would close as in their own Term & Conditions, rule 6, it states:
6. Our Rights to Make Changes. This provision, which describes how changes may be made to your Agreement, is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME. YOU MAY CANCEL THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (if applicable) IF: (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR MONTHLY RECURRING CHARGE(S) (the amount you agreed to pay each month for voice, data and messaging, which does not include overage, pay-per-use or optional services (such as 411, or downloads), or taxes and fees); (B) WE MATERIALLY DECREASE THE SERVICE ALLOTMENTS WE AGREED TO PROVIDE TO YOU FOR YOUR MONTHLY RECURRING CHARGE; OR (C) WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU. WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS' NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY), AND YOU MUST NOTIFY US WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES.
The lady told me - and I quote - "There is no 30-day window for you since this plan will not have any effect on your account."
So, to summarize, they are claiming that 1% - I was even told twice that it's actually LESS than 1% - of their customer's will be affected by this new "Data Usage Change" and that they claim that they only looked at past data usage and did not take into account future usage and since I don't fall into that 1% or less category, I have NO RIGHT TO TERMINATE EARLY W/ OUT PAYING A PENALTY.
I thought I would share this as - to me - this seems like a load of horse crap. They have a contract that I agreed to - they are changing the contract and are changing it based on PAST DATA USAGE w/ NO consideration of future usage and also are adamant that I have no window to vacate the current contract.
Sorry for the lengthy response, but I feel this will be useful to some - or all - of you, and I am also curious about how they can "get away" w/ this crap of saying "since it doesn't affect you based on your past, there is nothing you can do to void the contract in the future."
Thanks for reading, I welcome any and all input.
PS: I know that this is in the My Touch 4G Slide forum and I have a Galaxy S-II, but when I Googled this "contract" stuff, this is what came up. If a MOD feels this should be moved, feel free to do so. I don't believe that a difference in phones will matter when it comes to "contracts" so I went ahead and posted it here. Forgive me if I have made an error.
InTheFlesh? said:
their own Term & Conditions, rule 6, it states:
6. Our Rights to Make Changes. This provision, which describes how changes may be made to your Agreement, is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME. YOU MAY CANCEL THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (if applicable) IF: (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR MONTHLY RECURRING CHARGE(S) (the amount you agreed to pay each month for voice, data and messaging, which does not include overage, pay-per-use or optional services (such as 411, or downloads), or taxes and fees); (B) WE MATERIALLY DECREASE THE SERVICE ALLOTMENTS WE AGREED TO PROVIDE TO YOU FOR YOUR MONTHLY RECURRING CHARGE; OR (C) WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU. WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS' NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY), AND YOU MUST NOTIFY US WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES.
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This right here is pretty much why contracts suck. You are stuck with what they give you and can't make your own contract.
That is what they told me too. BS if you ask me.
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The 2 magical words to get a rep to actually listen to you are SUE and BBB. Just state to them that you spoke with your lawer and that there is with no doubt a breach of contract, and if they don't sucomb and cancel without etf that you WILL press charges and sue. Believe me I've worked overseas for sprint customer service, and the only way we were allowed to get off our asses and escalate the call to our supervisers and/or managers is by hearing those 2 words, especially anything that had to do with courtrooms...
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I used BBB and Ftc threat. I actually did file a complaint on the FTC website. Didn't seem to matter to the rep.
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Legislate to Stop Carriers Charging Extra Fees for Tethering or
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Tethering is using a wireless phone as a modem to obtain Internet access
for another device. Most smartphones have the Tethering capability installed.
Assuming that we live in a free country, when we pay for a data plan we are
acquiring from the Carrier the right for use the amount of data that is paid
for in any way we desire but Carriers are charging us additional tethering
fees even if we have an unlimited data plan.
On 07/31/12 these practice ended in a FCC ruling against Verizon Wireless and
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