AT&T's practice of throttling their top 5 percent unlimited data subscribers for monthly usage as low as 1.6GB didn't go too well with users, and understandably so.
Brian X. Chen of The New York Times spoke to an AT&T representative about this. The rep says that the average usage by the top 5 percent unlimited data users, indeed comes to around 2GB per month, but that isn't the only criteria to throttling:
Mr. Siegel [AT&T rep] said that even if you do exceed 2 gigabytes of data usage and qualify as one of the top 5 percent, that doesn’t absolutely mean you’re going to be throttled. AT&T will only reduce speeds for the top 5 percent of users in areas where network capacity or spectrum is insufficient, he said. In other words, throttling is done on a case-by-case basis, not based on a hard number, according to AT&T’s claims.
“There’s a very good chance you wouldn’t be slowed,” Mr. Siegel said. He added that in the last month, less than 1 percent of AT&T smartphone customers were affected by the policy.
The rep however, didn't explain, why does AT&T offer a 3GB usage plan for the same price as the unlimited plan at standard, non-throttled speeds, even in congested areas.
AT&T's trying to give out a clear message here: "You'll get better speeds for the same price, if you change from your grandfathered unlimited plan, to the 3GB limited plan. Or we'll throttle you so bad, that your connection would effectively become unusable."
[via NYT]
That’s why the name AT&T. Always Throttling & Throttling.
Or “Alawys Throttling & Taxing”.
Lol that’s funny and true!!! Plus they just want people with unlimited data to change plans so AT&T can extra if u exceed the 2gb or 3gb plan. Unlimited is unlimited should not be penalized because the plan was offered to begin with.
“Always Throttling and Thieving”
Lets get this to stick. Companies “love” this kind of PR.
I want to join in the lawsuit. I’m being throttled at 1.5GB and I am paying $30/mo which is equivalent to their 3GB fullspeed.
Or Alawys Throttling & Taxing.
Or Always Throttling & Taxing.
Someone create a jailbreak tweak that circumvents the throttling process. They will make a killing!
3G Unrestrictor curcumvents the throttle
I have 3G Unrestrictor and it’s my understanding that the purpose of the app is to trick certain apps like Facetime, downloading apps from store greater than Apple’s restrictive 20mg, and other wifi only apps into thinking it’s using wifi when in fact it is using 3g.
I could be wrong but I don’t think it has anything to do with what you think. If so……..OMG. In any case
3g unrestrictor does not stop them from throttling your data nub.
That’s why I left them fools!
everyone throttles, even Sprint though they claim they dont, but their speeds suck anyway
That’s why I left them crooks!
That is why I left them crooks!
Couldn’t this, if really pushed, cause a lot of trouble for AT&T? If I recall correctly, Amazon lost a fairly major lawsuit against someone for modifying the content of a Kindle based on Amazon’s wishes at a software availability update? AT&T is effectively modifying your digital device, without your permission. The grandfathered Unlimited Data plan did NOT originally come with the stipulation “Should you use too much data we will slow down your connection!” It was unequivocal, you have unlimited use of our data service at the speed your device is designed to use. I have the Unlimited Data plan, as I’ve had an iPhone since zero hour, and I’ve NEVER had an issue with throttling, but I hate it for those that do. Shouldn’t someone really start to push the issue with AT&T that what they are doing could possibly not be legal?
Wait! What???
Interesting explanation. Thanks. If your an attorney count me in on the Classaction.
I second that!!!!
COUNT ME IN I SMELL CLASS-ACTION I FEEL THAT SOMEONE SHOULD PUSH FOR ONE BECAUSE AT&T AND OTHER CELL PHONE COMPANIES ARE ADDING AMENDMENTS TO THE CONTRACTS THAT WERE ALREADY SIGNED AND PEOPLE DID NOT AGREE ABOUT THE ADD-ON’S. I DID READ THAT THE CONTRACT CAN BE CHANGED AT ANY TIME BUT IT DOES NOT MEAN THAT PEOPLE AGREE ABOUT THE CHANGES . I THINK A FEW LAWYERS SHOULD COME TOGETHER AND SUE AT&T BECAUSE THEY ARE STARTING TO STEAL MONEY FROM PEOPLE VIA CONTRACT CHANGES = FEE INCREASE AND DATA CAPS AND DATA LIMITS.
I AM A BUSINESS PERSON AND FROM THE MANY CONTRACTS I HAVE READ WHEN DOING BUSINESS I MAKE SURE THAT WHAT I AM READING IS EXACTLY WHAT IT MEANS AND MAKE SURE THAT THE WORDING CAN NOT OR HAS ANY OTHER MEANING AND THE LAST TIME I CHECK UNLIMITED MEANS UNLIMITED . IT DOES NOT MEAN 5 GIG OR 10 GIG IT MEANS UNLIMITED . I THINK THIS COULD BE A GOOD CASE AND THE ARGUMENT CAN BE HEY THE INTERNET DATA IS RICH AND DEMANDS MORE DATA AND BANDWIDTH AND YOU ARE CHANGING WORDS OF THE CONTRACTS TO MEET YOUR NEEDS AND TO ADD FEES AND DEMAND MORE MONEY FROM PEOPLE . IF YOU CAN NOT MEET THE DEMAND OF THE PEOPLE THEN YOU SHOULD NOT SELL WHAT YOU CANT SUPPORT . I CANT WAIT FOR THE GOVT TO CHARGE PEOPLE FOR AIR AND ALL THE SUDDEN TO CHARGE PEOPLE MORE MONEY IF THEY ARE RUNNING INSTEAD OF WALKING BECAUSE YOU ARE USING MORE AIR .
William, here is a question for you, if you understand “legal terms”
im trying to get out of my contract with At&t, and i have found that if they make anytype of change in their contract, fees, etc. then they must notify you and you have 30 days to opt out of your contract without paying ETF, but could you take a quick look at this and tell me if this is a qualifying change to the contract that i may disagree with and be able to leave,
WIRELESS EMERGENCY ALERTS NOTICE, Part 1
AT&T has chosen to offer wireless emergency alerts within portions of its service area, as defined by the terms and conditions of its service agreement, on wireless emergency alert capable devices. There is no additional charge for these wireless emergency alerts. (More information below) WIRELESS EMERGENCY ALERTS NOTICE, Part 2 Wireless emergency alerts may not be available on all devices or in the entire service area, or if a subscriber is outside of the AT&T service area. To see the full FCC-required notice, please go to http:/www.att.com/gen/public-affairs?pid… (this site explains the whole ordeal, but i just dont understand any of it.) your help would be very much appreciated, thank you
i have called them numerous times in the past 3 days b*tching and complaining non stop about this, and while i took it as being illegal and discrimination against people with unlimited data plans they simple stated that in the contract, it states that they reserve the right to “modify” your data at any time for any reason. trust me i am working on everything i can right now to get the hell out of my contract without paying them. but in the meantime i am using a lot of my unlimited data just to piss them off even more. i used to only use around 1 or 2 GB of data a month but in december i upped it to 17.3 GB, and 8GB in january and so far im at 7 GB, and only 11 days into my new month. so in the meantime im using my unlimited data as much as i can, granted the service blows at my house so i am somewhat limited anyways. but yes At&t is by far the worst cell phone company i have ever dealt with, i cant believe that they can even get away with not guaranteeing you any type of service, that right there should be illegal that a cell phone company can sell you a plan and lock you into its contract without guaranteeing you anything, even verizon will let you out if there service s*cks. but in other words dont bother with trying to b*tch about the data speeds being throttled it just wont work, they dont care. i say we just burn the mother effers down and do the world a favor by ridding it of At&t!!!!
can i get an Amen on that last part!!!!
Well not exactly- the exact terms that allow throttling state:AT&T reserves the right to (i) deny, disconnect, modify and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network,” so prove that if I’m using even 100-200GB a month that I am impacting or damaging your system. They cannot. They also very much overcharge for data. Install dataman free and compare to what AT&T says
Simple AT&T Sucks….!
And iPhoneHacks Fix the “Fail Post comment” very annoying!!!
Ok, so if I’m on a tier plan and im in an area where there’s insufficient spectrum, it doesn’t matter if I used 100 gb of data because AT&T will be getting rich of me, and my speed wouldn’t slow down, they would encourage me to use more instead and keep the money coming in to them. The spectrum wouldn’t affected at that point I guess. What a f*cking crook they r. We need to get serious and start a law suit against AT&T.
I was throttled once already by AT&T. I used 11GB of data. My iPhone was simply unuseable. Maps, forget it, a paper map was easier to use than to wait. Pandora, about 30 seconds to skip to next song and constant buffering throughout song. Mainly my fault though, I did tether using PDA NET, which I might add blocks AT&T from catching me using unauthorized tethering. Although AT&T’s network has been reliable and with iPhone 4s I’m getting speed tests from 5-10 megs which I’m happy with. I suspect when iPhone comes out with next gen on LTE say goodbye to my grandfather data plan.
Your credibility takes a giant dump when you put quotes around idiotic, exaggerated stuff you made up and try to attribute it to an official company representative.
This wont happen in India but then no unlimited here.
It doesn’t happen on mobile phones, but it does happen on data cards and certain ISP connections as well.
Yeah on data cards its terrible, specially TATA Photon!
Hello!!! Why aren’t the ambulance chasers reading stuff like this!!!
Not so, the alteration doesn’t come from the devices end. In theory if you switch carriers this problem would be fixed. This isn’t a device specific problem in as with the kindle. Even if you switch your sim and device this would still happen because your throttling your actual account on at&t’s side.
AT&T I have had you for what it seems like is 12 years even when you bought cingular and now you are punishing me because I use IT TOO MUCH!! WTF@
My data speed is topping at @ .10mbps in 3G where i had got speeds of over 6Mbps after they capped me, all my internet radio cuts out and anything else that needs data it’s because a hassle now! This is exactly what they want us to do and switch over to a non unliminited plan or jump ship and go to another carrier that still offers it like Sprint for the iPhone.
I just blow the 2gb limit in the first two weeks and keep going as best i could. I use wifi when necessary.
Once again, where is the unlock software? If we had the opportunity to take our iPhone and business elsewhere, this monopolistic handle from AT&T would loosen up
This is very bad business, I don’t understand why AT&T would think that bullying their old loyal customers into switching plans is a good idea in the long run. This whole ordeal has left me felling betrayed and I will be looking at my options as soon as my contract is up.
I received the text stating that I was in the top 5% at 2.4GB, since AT&T offers tiered plans for 3GB and 5GB without throttling those customers, I defy them to prove that my 2.4GB is adversely impacting their wireless network.
While the choice of your words does suggest that you have some education; I am curious how you see this as a modification of your digital device. It is not the device being modified, but rather a service that is provided. The device is merely a means to access that service.
I was throttled in my second week of the billing cycle so in protest I am streaming my slingplayer all night the rest of my billing cycle to see how much data I can run up. Although slow and choppy I’ve managed to stream 2 gb in the last couple of days.
Well played sir.
that’s why att is suck..
Well it seems that if you signed a contract granting UNLIMITED access to something and that UNLIMITED access was somehow modified or slowed down to an almost unusable point there would be room for recursive action against the provider for breech of contract. Because buy definition unlimited means without limits or restrictions and unless they have had the definition of unlimited in the websters dictionary they are contractually obligated to provide unlimited service.
Not true. Unlimited does not meanwithout limits or restrictions. A legal challenge to AT&T on their throttling is not likely going to be successful on the claim of violation of the contract agreement between the customer and AT&T.
Simple solution. Drop out of at&T and see how they will change. It needs to be a group effort
Does anyone know where I can get a copy of my original AT&T contract that states no such throttling clause on my unlimited plan. I will contact an attorney and start a class action law suit. 2nd month in a row I’m being throttled… The iPhone is worthless now. Blame Apple for allowing these companies to limit your iPhone.
http://www.change.org/petitions/att-data-throttle
here’s a site where everyone should get on and sign this petition. someone already started it. now we just need everyone to quit sign it to get at&t attention on this matter.
Maybe you all need to move out of that monopoly controlled country and move to a real first world country.
Just saying…
Absolutely. You’d never see anything like that happen here in Australia either. That would be a complete and utter breach of the law. Cant believe the things companies can get away with in other countries. 2GB is the standard FREE internet provided with a lot of mobile plans here.
You got it wrong. Unlimited data doesn’t mean unlimited speeds. Unlimited data means that the amount of data you transfer is not limited by numbers but they have every right to throttle your speed if you are abusing the service. There are other people who want to use data y’know?
but they arent abusing the service…thats the point of this article.
How can you abuse the service if you have an unlimited data plan. If they do not have the infrastucture to support such an offer it should never have been marketed to customers.
Perhaps AT&T might consider throttling at peak periods and removing the throttle at all other times.
Go to hell, AT&T.
I’m considering to drop data plan alltoghter and get a dummy phone,
I’m considering to drop data plan alltoghter and get a dumm dumm phone,
Verizon , Tmobile , AT&T , it doesn’t matter. They all throttle because the lack of bandwidth It’s terrible towers that can’t handle the consumption. If you recall , L. A. had a major data issue few years back. So bad you would drop a call inside a car or building. They had to make a special repeater or something of the sort to straighten it out. Of course it’s not perfect or by far fixed but it is a sign of heavy usage by population. Your agreement is subject to change without notice. That includes shutting you down. It’s in there. Instead of crying about unlimited data why don’t you help a little and reduce your consumption and “save some water for the fish”. I had mentioned this before, all you unlimited users WILL be switched or you’ll go to another carrier to be put on a tiered plan already in place. Either way you will lose in the end because you don’t have a gazillion dollars or a leg to stand on. You want the service you will be controlled. Welcome to capitalism.
Hmm, in Japan we only have one plan for iPhone users, the unlimited! No matter how much we use, it’s always the same, and sometimes I’m really doing a few gigabites for a month!
In 4 months my AT&T contract is over and I’ll be switching to Sprint. Where I live and work they have great coverage so bye bye AT&T!
In 4 months my AT&T contract is over and I’ll be switching to Sprint. Where I live and work they have great coverage so bye bye AT&T!
@ kiwiholden – if kiwi means that NZ is a real first world country, consider that my backyard here in the US is probsbly twice the size of NZ!
the US is a madsive place with huge concentratiions of people and it takes a lot of money and infarstructure to connect everyone! That said, In 4 months my AT&T contract is over and I’ll be switching to Sprint. Where I live and work they have great coverage so bye bye AT&T!
@ kiwiholden – if kiwi means that NZ is a real first world country, consider that my backyard here in the US is probsbly twice the size of NZ!
the US is a madsive place with huge concentratiions of people and it takes a lot of money and infarstructure to connect everyone! That said, In 4 months my AT&T contract is over and I’ll be switching to Sprint.
What if I get the 3gb data only plan for the ps vita will this effect me because I was planing to get AT&T for it so I can watch netflix any where and use the Internet like crazy because my iPhone is slow on tmobile 3G does not work. I am not going to waste 30 a month extra on top of my normal phone bill if the quality of service is really bad
No worries AT&T just waiting for tmobile to offer the iPhone. I will be leaving soon.
I’ve seen this before: Years ago, we were on a Verizon DSL plan, and while it wasn’t as fast as cable, it was fast enough for us, and very cheap! About five years ago or so, our connection speeds slowed down to about 56k speeds out of nowhere. When I contacted customer service to inquire about the slowdown, the rep claimed to know nothing about it and said the system was fine and suggested that the error was on our end. After much investigation, we determined that our lines were fine and we were only about 500 feet from the nearest switching station.
After many such calls and back-and-forth, the rep suggested oh-so-innocently that we should switch over to their new service called FiOs, that it was faster, more reliable, but it cost more, a LOT more! We declined at the time and said we’d look into it and think about it.
It was about that time we found out that others had the same problem and had been offered the same option, switch to FiOs. We switched to Cablevision and never looked back, and swore we’d never use Verizon for anything again!
This sounds like very much the same bait-and-switch tactic to me. I’m keeping my grandfathered unlimited plan; I don’t abuse it, use barely 600MB a month, and the only thing I stream is TuneInRadio Pro on occasion. This is getting worse, and something has to be done!
Just wait till the 4g iPhone comes out and they tell us that we need a new data plan to get 4g. That is how they will get their way.
Your contracts don’t allow for a class action suit. Everything I’ve read states we have to go through arbitration, and if not resolved small claims court. It’s my opinion that EVERYONE should start this process very soon, there is plenty of information out there disproving att’s claims.
#attfail
Also i will gladly join a Class-action lawsuit.
~Adam Vargo