[G2 and Desire Z Android Development] moneymike55:
I'm glad too see ppl are actually doing something about this by filing complaints, the bbb and fcc are our only options atm and that's going to be the only long term solution to 5gb throttling as 4g phones and speeds improve.

As for the other current methods, i havent had any luck yet as I'm getting ~45k on edge and maybe 50k on 3g when I'm lucky, even with no throttle files anywhere on my phone/os. I love how my phone is called a mytouch 3G with an "unlimited" data plan and I'm getting dialup. My t&c clearly says in bold upper-case letters: " Unless expressly prohibited by law, we can change prices, charges, and any terms in the agreement at anytime. If we materially modify these t&c in a way that is materially adverse to you, or if a change increases your set monthly recurring charges, we will provide you with at least 30 days notice and you may terminate your service without an early termination fee (which is your only remedy) by notifying us within 30 days after you receive the notice. If you fail to terminate within those 30 days, you accept the changes."

I don't know about you guys but I'm pretty sure this constitutes a breach in contract since changing the misuse terms from "excessive, unusually burdensome, or unprofitable to us" to "5gb" in October constitutes a change that is materially adverse to me and I never got a single notice. Especially considering the fact that lately I've been using half as much data as I did a year ago but suddenly I'm getting throttled to obsolete speeds for it and can't use half my apps. If my use wasn't excessive, burdensome or unprofitable under their standards during the first year of my contract I don't see how they can justify creating something as "materially adverse" as a 5gb limit without notifying me first. The t&c saying "subject to change" only gives them the right to change it, but it doesn't give them the right to change the contract without notification and a new buyer's remorse period.

If anything, its the new 3g and 4g users that are burdening MY network that I've been on since I bought tmo's retarded "first 3g phone", which now only pulls 1.5mbps at 4am on a good day (during the week or two I'm not throttled). Unlimited data on a mytouch 3g implies unlimited 3g right in the name and I don't see a single thing regarding 5gb or 56k anywhere on my t&c, or a notice saying it was changed and will now be sending my phone back 20 years in time if I don't accept the cap.

How tmobile or anyone else can say a 5gb cap (soft or hard) on an "unlimited" data plan is still "without limit" just because it still gets 50k download speeds is beyond me, except for the people who haven't been throttled by them (i mean yet, there's not a big difference between 3 and 5gb on your new 4G network, believe me). I think it would have been less controversial for tmo to reduce priority for heavy data users or sessions when there is a high network load on a certain tower, rather than set a 5gb "cap" and group users that go over into a seperate 56k speed class for the rest of the month while they're still paying $40 for "unlimited" data.

Have any of you read the lawsuit on this issue that was filed in august? I went through all 30 pages last night and its actually a lot more justified than a lot of ppl who have never read it make it out to be. Even though I doubt it will make anything better (actually they reduced the cap in the t&c from 10gb to 5 like a month after he filed it so it probably made things worse...oh and btw, im pretty sure that the reason for all the confusion over 5 and 10gb is because they changed the number in October without changing the t&c's revision date), but there's definitely some key lines and federal regulations that could be used from the suit if anyone is trying to dispute changes to their contract.