AT&T hastening demise of unlimited data plans

[marmar]

NEW YORK -(MarketWatch)- AT&T Inc. is taking a step closer to doing away with unlimited-mobile data-plans.

Under a new policy, AT&T will slow download speeds for unlimited 3G and 4G smartphone customers who exceed 3 gigabytes and 4G LTE users who exceed 5 gigabytes of data in a given month. AT&T had previously been slowing speeds, or throttling, customers who were in the top 5% of data users in their respective market.

AT&T has been trying to manage capacity on its network in the face of heavy data consumption by Apple Inc. (AAPL) iPhone users and a limited supply of wireless airwaves, or spectrum. The carrier is spending billions to build out a new fourth-generation mobile-broadband network that can handle more data traffic.

A spokesman said the new guidelines were necessary because of confusion among unlimited customers over when their download speeds would be slowed. He declined to say by how much the speeds would be decreased. ...............(more)

The complete piece is at: http://www.marketwatch.com/story/att-hastening-demise-of-unlimited-data-plans-2012-03-01

[onehandle]

1. How to sue AT&T for data throttling --->

One quick solution to this is to file a claim in small claims court against your phone company. You may be able to arbitrate this claim as well, but this article will focus only on the small claims procedure. Most phone contracts will prohibit their users from filing a class action lawsuit or just suing in court (jury trial), so you are limited to what actions you can take. By going to small claims court, you can have your day in court, and it’s easier to do than you may think. Here are some tips you can use if you choose to pursue this.

1) Where to file -- most lawsuits, even those from small claims, need to be filed in the jurisdiction where the defendant can be found. In this case (and let’s use AT&T), AT&T may have corporate offices in only a few locations, but since they are a nationwide phone company, they are usually subject to jurisdiction anywhere. What this means is that you can file your small claims suit in the courthouse most convenient to you.

2) Make sure you have a copy of your contract, and please review the entire agreement. It may be a slow read, but you need to know the terms of it. You may be able to use these terms to show that AT&T does not have the right to slow your data speed.

3) You need to be able to show that you have an unlimited data plan, which means you are entitled to unlimited data. You need to also show proof that AT&T had limited your data streaming. You next have to argue that AT&T has no right to charge you a fee for unlimited data, and then not supply it. It is not your fault that AT&T can’t keep up with demand for data. If you can even show that you are using less data that some of the fixed rate plans, such as the 3 gigabyte plans, that is even better (fixed plans using more data than you use, but they are not being throttled back). Make sure you have been paying your bill on time and that you are not late, since that could be used against you.

more...

http://www.mactech.com/2012/02/27/how-fight-att-data-throttling-small-claims-action

[Justice wanted]

2. You know people who are paying for UNLIMITED Data plans right now should look into a class action

lawsuit.

[Aerows]

3. I have an AT&T unlimited data plan

They tried to switch me off of it when I got my new phone and I said no. That's what my contract was for, and that's what I expect to get because I'm paying for it.