yashsingh1/xdaforums huggingface dataset:
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] riotburn:
going along the lines with what NativeTxn said:

Unfortunately this can't be seen as a breach of contract, though the piece that was posted in this thread seems more to cover them for inadequate service due to uncontrolled circumstances more than them forcibly putting a limit on a targeted group.

The case for the lawsuit is as such:

Discrimination.

No, they are aren't discriminating based on race but on unlimited data plan user who they have grandfathered in. They are not throttling users on the fixed amount plans who go over 2gb (they throttle me when I go over 2gb). Why? Because they can charge them when they go over their monthly allowance.

The crap they spew about being in the 5% abusing our use and ATT being Robin Hood and taking away our speed to give back to the less fortunate people who don't use it as much is BS for these reasons:

They limit for the remainder of the billing period and not for intermittent heavy traffic times

Bandwidth isn't something that there is only a fixed amount for a month. There is a fixed constant capacity (assuming the network is at 100%), and that only at a moment in time can one person be taking bandwidth away from another user.

There is no consistency in their throttling methods

They don't throttle limited data plan users

If I understand Verizon's method right, they only throttle for period of high traffic, not for the remaining billing cycle and that they only knock users down to 3G speeds? If that is the case, Verizon is doing it more (not totally) in favor of equally allocating bandwidth to all users. Whereas ATT is blatantly trying to force unlimited users to switch to a fixed plan.

In sum, I think discrimination is the best basis for a lawsuit as ATT is applying these methods to a select group. Best bet for us is to file complaints with our local, state, and federal consumer protection agencies.

From the complaint I submitted to the FCC:

"Submitting complaint against AT&T's data throttling practice. It is targeted to a select group of users only, unlimited data plan holders, and is such a discriminatory practice. Is in violation of the Robinson-Patman act of price discrimination. Unlimited plan is $30/month vs $25 for 2GB plan but my service gets limited after using 2GB in a month (unequal service for the same product). Also, claims of it as a benefit to all users to allow equal service is false as they limit my service for the remainder of the billing cycle as opposed to high traffic periods. This falls in line with false advertising along with the fact that I signed up for a service that claimed up to 7MB/s but am only getting 0.1MB/s for a fixed period. This is out of bounds of the contract which allows for periods of unfavorable service, not a complete forced cut in service when it is amply available. Thank you for your time in consideration of this matter."
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] 00mred00:
Look at the Chase bank situation. Had people just sat back and allowed it those banks would have just continued practicing the way they were. Consumers spoke up.

It took years... but it completely changed the way debits and credits are processed.

http://moneyland.time.com/2012/02/0...10-million-in-overdraft-class-action-lawsuit/
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] latinohot:
let's get this petition going I WILL SIGN IT, you can count on it
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] riotburn:
My biggest gripe is that we have taken a step backwards technologically. We had the ability to uninhibitly browse the internet from anywhere with our cell phones and at a price that was reasonable. Now that the companies have switched to tiered plans only, we are forced to pay more for less. This is counterintuitive since as technology improves, prices should go DOWN! So while we now have LTE, there apparently wasn't anything done to improve on handling an increasing load of users. This oligopoly should be regulated as they are all too powerful to care what happens to their customers since there are no better options. There certainly are worse things in the world than mobile internet, but we should always move forward and never back.

**EDIT**

Actually now that they rolled LTE, there should be more bandwidth as they have another spectrum on top of HSPA for which to handle more users. So the fact that they have started the practice of throttling after this rollout is complete horse****. AT&T must have calculated that the loss of customers from the 5% would be less than having not given us the option to keep our unlimited plans when renewing contracts.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] latinohot:
Let everyone know about this, share it with anyone

http://www.change.org/petitions/att-stop-throttling-data-speeds-for-top-5-of-users
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] PJcastaldo:
LMAO Not for nothing and im not defending Chase because they are the devil.. But i worked for them for 6 years and everything has always beeing included in the agreements you sign..

I read everything, if you dont then shame on you. Not shame on the bank, or in this case the cell provider.

You guys are so retarded..
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] 00mred00:
This issue goes back 10-20 years, maybe more. I have only been using banks about 20.

I never dealt with chase (as you said, they are the devil haha)

but with other banks it was not in writing anywhere. They literally manipulated debits and deposits in a manner that made them more money.

For years they got away with it because I mean seriously, in most cases look at the argument...one overdraft the account ...they knew it would overdraft , they were just pissed that the debits were taken out of chronological order in order for the bank to make more.

The real pisser was the way they were supposedly handling cash deposits. Debits were being posted prior to those deposits...in those cases the consumer actually attempted to rectify this

this isn't really the venue for that discussion haha...it was just a loose point
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] upyouratrix:
Signed! Maybe we'll get enough signatures to gain some attention from AT&T. Maybe we could get Engadget or BGR or someone to put up something?
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] Midiman57:
Good luck with this. Next time, read the contract you signed.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] 00mred00:
As quoted by att..its not actually in the contract, which is why they can't send copies when requested.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] zelendel:
Guys the fair use clause was in effect the same time they started the unlimited data plans. At that time is was an unstated 5gb but due to the missuse of it they have lowered it. The plan to remove the unlimited data plans have been in the works since they noticed the iPhone users were abusing the unlimited data plans. ATT consulted its legal team before they started to throttle people and they are well with in their rights to do so.

The days of unlimited cellular data are over. We can except it or we can change carriers.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] slimslim:
I gues your in the 3% geniuses that read EVERYTHING in EVERY CONTRACT/AGREEMENT before signing it. Forget the other 97% idiots out there, right?

PS: how long does it take for you to make a purchase with the credit card at Walgreens before you sign? You know they have a little agreement there... And again, YOU READ EVERYTHING before you sign something, right?

Yeah, I thought so.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] pwhitdog:
I do not understand this and possibly I am a bit naive about this. I have read the fair use section 6.2 and I feel that I am not violating their fair use policies at all yet I am getting throttled. I do not use it for p2p file sharing, use it as a primary or replacement, and do not use for spamming, etc. If I chose to use my google music account as advertised with the phone I could be throttled. What if I use netflix while riding shotgun on a road trip?

Further more I do not understand how they can say I'm a top 5% yet refuse to show me proof of such a statement. What are their data sources for such? Do they include people without a data plan? What is the area of scope? Why does this not include tiered data users? Why is it that I'm clogging the lines, but if I go to a tiered plan I no longer am? Every time I ask for this type of questions they tell me a computer says that I am a top 5% user and that is that. I went to my computer and in my editor and typed:

#include <stdio>

int main(){

cout << "You're not part of the top 5%" << endl;

return 0;

}

Now my computer say's I'm good with the same amount of proof that they provided. If my false claims aren't logical then neither are their arguments.

This is just my $.02 but promising features and getting mad because I use them is fraud.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] 00mred00:
http://www.wfaa.com/home/139206639.html

More and more "real" news agencies are picking up the story...
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] skrambled:
Don't respond to trolls on this thread or elsewhere. Report them to the mods.

You'll note that the midiman's account has been disabled. He was only here to troll, and who knows if he was using other accounts to troll with as well.

If someone is a legitimate troll (look at their profile and recent posts), click the ! in the menu above their post and report them.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] 00mred00:
That's just the way he is. i actually know him on another forum as well.

He is in his 50's or 60's if I recall

He can be very opinionated, and has no reservations with sharing those opinions. I don't agree with his methods but he did at one time have some valid concerns. He did not go about it the right way, and very few of us would ever understand despite his own annoyances he actually was watching out for the community.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] skrambled:
He was going around posting comments telling people it was their own fault for breaking their phones and that they shouldn't be rooting or "ROMing", as he put it.

Non-devs come here to get help and instead of offering solutions he was scolding users. Not helpful to the community at all.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] 00mred00:
Like I said, I don't agree with what he did , but that isn't how he started out..he voiced some concerns back in the beginning of it all...his concerns were shot down and he responded poorly.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] skrambled:
Understood. The internets can bring out the worst in people sometimes! (myself included)
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] Shelby317:
Good story today from http://www.usatoday.com/tech/news/story/2012-02-13/atampt-data-slowdown/53071798/1
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] riotburn:
Wrote to my state senator:

Dear Senator,

I am writing to you regarding my service with AT&T Wireless. My complaints include poor customer service and the fact that they are being allowed to take us a step backwards technologically as a country. This is due to the oligopolistic nature of the mobile phone industry, though it could be considered a duopoly since AT&T and Verizon control over 75% of the market.

My personal experience comes after being a customer of AT&T for over 7 years. I had an unlimited data plan for my mobile phone and was fortunate to be able to carry that over when AT&T switched to limited tiered pricing (ie. 2 gigabytes per month). Though, now I am being bullied by AT&T so that I switch to a limited plan. They are doing this by 'throttling' my service, in which they cap the transfer speeds. AT&T does this after I have used more than 2 gigabytes of data in my billing cycle and proceeds to throttle my service for the remainder of the billing period. This is unacceptable as it is unbased, unnecessary, and exceeding the bounds of the terms of agreement which allow for what implies temporary bouts of lower service, not this constant forced lower quality of service. AT&T claims that this is to equally allocate it's service to all of it's users. This is unfound for a few reasons. AT&T chooses to throttle for the remaining billing period, not just during periods of congestion in my area (Verizon's method). AT&T just rolled out it's next generation service, LTE, which utilizes another spectrum. In cities in which it is deployed, AT&T has effectively doubled their capacity, so why do they say there is even less?

Furthermore, the United States has taken a step backwards technologically. The move from unlimited plans to tiered only plans only goes to show that the market is completely producer controlled. As technology has improved, and it certainly has, instead of getting better service for the same or less cost (which is expected in a more competitive market as technology increases), we are now getting less service for a higher cost. This is why the United States ranks 28th in the world for broadband.

In sum, I write to you so that hopefully better rules and regulations are put into place to let consumers better dictate how the mobile market runs. I believe at a minimum it would be fair that a provider could only limit service at times of congestion and not for fixed periods. Ideally, it would be great if consumers had the better options that existed a few years ago so that we can regain our stance as a leader in technology.

Thank you for your time sir.

Sincerely,
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] upyouratrix:
http://www.bgr.com/2012/02/14/att-declares-war-on-unlimited-data-users/#comments

BGR just put that up not too long ago. Its starting to gain attention, but we need to do more! We have a right as consumers to have our questions answered!
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] F2504x4:
@riotburn nice letter, one thing that is being overlooked in this discussion is the pre-installed apps that the phone comes with that we have no control over that do use data...the craware that updates and uses data we have no control over. think about it , they will not allow us to remove it by deleting the crapware that for most of us do not use, Look under running services to see what is running that uses data, they add up , so add this to what you use when you surf. This also needs to be brought AT&T's attention... or am i off base on this ?
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] riotburn:
“ISP’s worldview [confuses] data consumption and bandwidth usage, i.e. how much data was downloaded over a whole period with how much bandwidth capacity was used at any given point in time,” Diffraction said in its report.

The above is from this BGR article: http://www.bgr.com/2011/12/01/isps-reportedly-taking-wrong-approach-to-winning-bandwidth-battle/

Link to the study: http://www.fiberevolution.com/2011/11/do-data-caps-punish-the-wrong-users.html

It best articulates what I've been trying to say.

If anyone wants to help, can you help me identify attorneys located in NYC that would take on a class suit of this order? What I mean is I need someone to help identify attorneys that cover class suits for consumer affairs and technology. Any phone geeks with a JD? :D
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] F2504x4:
interesting article that was posted on Pirate 4x4

http://www.dslreports.com/shownews/Cisco-Metered-Users-Consume-More-Data-118354
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] Joe-Momma:
I am tired of their crap too...

This morning at only 1.7GB I was throttled on my UNLIMITED plan!
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] upyouratrix:
http://www.bgr.com/2012/02/15/att-on-data-throttling-blame-yourselves/

Another one went up on BGR today. Looks like more of a response from AT&T, but they once again tip-toed around the "top 5%" crap. I really think we should file a lawsuit. AT&T likes to pull these huge (probably bogus) numbers out of their ass and make it sound like it's our fault! If they can't provide enough data, then why did they just increase their highest tier to 3Gb? And why are they still selling smartphones if they don't have enough bandwidth? They're very good a pointing the finger at us, why don't we point the finger back at them?!
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] NativeTxn:
If it was a capacity issue and they wanted to make sure that everyone had access to quality data transmission, then they would theoretically need to throttle tiered users too (which they don't).

However, I suspect that a tiered user on the 3GB plan could happily use 20 GB in a billing period, and AT&T would keep their LTE speeds in place during that entire period and happily charge them an extra $170.

They could also do like Verizon and simply throttle you while you were using a congested tower and then put you back on LTE when you either switched to a different tower or that tower was no longer as congested. Additionally, they could throttle you to 3G speeds (as Verizon does) instead of essentially unusable speeds and hide behind the veil of "you can still use unlimited amounts of data but we never promised that it would be at LTE speeds."

All of this throttling nonsense is simply an attempt to get people to drop their unlimited plans for the tiered plans. AT&T can try to spin it anyway they like, but at the end of the day, it is about nothing other than making more money.

I still don't think there is much of a case for a lawsuit - at least based on the contracts we all signed. However, that doesn't necessarily mean that there won't be one filed to try to get AT&T to settle, because let's face it, there is a good chance that at least a few people on a jury would be/have been AT&T customers and it would be very easy to award a ridiculous judgment.

I've said it all along that at the end of the day, if they would provide some standard "rules" and transparency, that it would probably make a lot of the uproar go away. But when you throttle people below 2 GB and things of that nature, it's going to cause some "hurt feelings."
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] 00mred00:
Has anyone claimed to be throttled on Verizon lte

I have posted prior the way my friend says it works (he is pretty high up at Verizon)

1. Lte=not throttled

2. 3g= throttled as needed
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] ghostdog662:
How much do you think you are seriously entitled if you had it "your way" ?

You pay about half of what the national average is and use a phone that can go much faster than when you originally got the contract. Sympathy will be hard to come by in this scenario.

Taking the definition of "unlimited" out of the dictionary will get you nowhere in a lawsuit.

Seriously, you signed a well defined contract that included the definition of "unlimited".

I guess this country is really turning into a nanny-state.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] NativeTxn:
No idea - I had been hearing that they will throttle LTE users if they are connected to a congested tower, but they will only throttle them to 3G speeds, and only for the period of time that that tower remains congested.

In other words, as soon as congestion is relieved, either on that tower or by the person connecting to a different tower, they are back to LTE speeds.

However, as I said, I don't know so that may all apply only to 3G customers and LTE has no throttling at all; or it might all be speculation and rumors.

I do know that my wife has the Droid Charge on a grandfathered LTE unlimited data plan on Verizon and to my knowledge she has never been throttled. And if she has, it has not been for a noticeable period of time.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] 00mred00:
It really shocks me that att has not changed this yet.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] upyouratrix:
I think I'm entitled to as much data as I can consume on my phone (no tethering). If I want to stream my music from the cloud all day, I believe I have the right to do so.

Also, my total bill is $117. Its been over $100 for over 4 years. That's more than $4,800. If that's not enough money to let me stream what ever the F*** I want to, then that's their issue.

I'm not trying to be rude, but I'm seriously sick of these huge corporations that just want to continue to gouge their customers.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] upyouratrix:
http://www.g4tv.com/videos/57374/how-att-is-throttling-unlimited-data-users/

Looks like even G4 is getting in on the action. It's nice to see that this is gaining more traction. Maybe we'll finally get some specifics from AT&T.

I'm over 8Gb this month (no tethering, just from streaming) and I got warned a couple days ago. I think they're trying to throttle me, as my pings have doubled, but my speeds are fine. This happened last month also. I have yet to go over 10Gb in a long time, so maybe I'll push my usage a little more to see if they throttle, as I have only 3 days left in my billing cycle anyway.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] ghostdog662:
Or maybe you are entitled to what you agreed upon in your contract.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] NativeTxn:
I'm not sure how you can make the argument that when you signed up for an "Unlimited Data Plan" that you should not be entitled to use unlimited AMOUNTS of data. "Unlimited" means no limit to the amount of data that you can download or upload.

I think that is why AT&T's current argument on throttling (aside from the contract clause about being able to alter speeds as necessary) is "you can still use as much data as you want (i.e. you still get unlimited AMOUNTS of data), but we never guaranteed at what speeds you could use that unlimited amount of data (i.e. we can throttle your speeds)."

If AT&T could somehow limit the amount of data on an "unlimited data plan" they would have probably addressed it and done so, without reverting to the "you still get unlimited data, but at slow speeds" argument.

I continue to believe that a large portion of the discontent goes to the fact that there is seemingly no consistent rhyme or reason as to who gets throttled and when. If AT&T would provide a reasonable, transparent policy on their throttling, I still think a lot of the complaints go away.

I also think that, no matter how they try to spin it, it is clear that this is AT&T's attempt to get as many people onto tiered plans to make more money. If they claim it is a bandwidth issue, unlimited and tiered customers should be treated the exact same. An unlimited user playing a YouTube video or streaming music uses the exact same amount of bandwidth as a tiered user playing a YouTube video or streaming music. And paying an extra $10 for each GB of use over the base amount you pay for in a tiered plan does not somehow magically open up additional bandwidth.

At the end of the day, it is clearly about making more money - regardless of what AT&T says.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] Phoneguy589:
I pay $110 per month for 4 data plans and. Combined last month we used 4 maybe 5 gigs and I got throttled at 2 gigs.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] riotburn:
Yes!

That's unfortunately a corporation's goal; to make as much money as possible. I think the burden is on the government to ensure it doesn't get out of hand though in this case it most certainly has since the few competing companies are competing to see how HIGH they can raise the prices instead of competing to offer a competitive advantage to attract customers. I would say the market is certainly a duopoly because sprint and tmobile can't compete with AT&T and Verizon's size, network, and LTE-capability. This is why the best course of action is complaints to the FCC, your local and state consumer affairs, and lawsuits (individual and class). I think filing small claims for the amount of your total 2yr agreement is the best since AT&T probably won't even show up. If judgement is in your favor, it creates a legal basis. The more people that get judgement in their favor, the easier it is to spur a class suit.
[AT&T Samsung Galaxy S II Skyrocket SGH-I727] mrtim8383:
Lawyers can't go to small claims court, company officials have to represent themselves if they do show up.