AT&T Throttling me for 2 gigs use

[tigeryee]

While I understand that 6-7 gb of data a month is high usage, it is not out of the norm for people who use their phone to get the value of it. Doing 10 gb I think you are just being greedy and just challenging the system. I thank those type of people who ruin it for the rest of the customers with unlimited data plans

 

[pazzo02]

It is, but they throttle you to sub 56K speeds IIRC, they put you on 2G data rather than 3G speeds.

There isn't a soft cap. I got my notice that I was in the top 5 in December. November I hit 10GB data, in December I hit 5GB. They initially flag you after you hit a high level (compared to what people in your area hit.) It also bases off of your average. I usually Average every month between 4 and 6GB so hitting 10 was a bit much, thus a flag. I haven't gotten the text again, and don't suspect I will if I keep my usage in the 4-6 range again.

I think this is where we have some legal action against AT&T. How can they legally justify throttling one user at 2gb because that's high usage in their area, but others can use 4-6gb and not get throttled because they're in a busier area. They're charging everyone the same price, so they shouldn't be able to pick and choose who to throttle based on area traffic.

Any lawyers out there?

 

[thewaffle]

I think this is where we have some legal action against AT&T. How can they legally justify throttling one user at 2gb because that's high usage in their area, but others can use 4-6gb and not get throttled because they're in a busier area. They're charging everyone the same price, so they shouldn't be able to pick and choose who to throttle based on area traffic.

Any lawyers out there?

They can because their Terms of Service never state how fast the Unlimited is. They do qualify with an Unlimited plan that you can get Unlimited data, but they never said what the speed is. It's a fun little barricade they can hide behind.

 

[Nophix]

So far, I have yet to get a notice. I average 5-6gb/month. No tethering (my phone isn't even rooted). Actually, most of that is Spotify or Pandora. I'm an LTL truck driver, so no, I can't just put it on wifi.

It really must be the region you are in. However, what I can't figure out is we have limited 3G here, so I can't believe I'm NOT in the top 5%. Most people are on Edge. Oddly enough, Spotify works fine on Edge, btw.

Last month was a light month at just shy of 4gb. Still, no notice and no throttling. My main are is an HSPA+ area, so I'm rather surprised.

 

[pazzo02]

They can because their Terms of Service never state how fast the Unlimited is. They do qualify with an Unlimited plan that you can get Unlimited data, but they never said what the speed is. It's a fun little barricade they can hide behind.

Not guaranteeing data speeds and specifically notifying customers that their speeds are being reduced are two completely different things. I've seen class-action suits with what seems to be harder to prove claims.

 

[rubicon03]

I've used 3.5 gigs and only got the warning txt last month I used 8 gigs and got slowed down. My data speeds were like syrup flowing in the winter

 

[methree]

I never got a notice. I just thought it was something wrong with the phone for the past few days. It hit me at 2GB with a week left on my billing cylce.

I tried THIS TRICK to get some useable data speed, but my Skyrocket doesn't have a selectable Network Mode. Hopefully this will work for you.

 

[tmn72tx]

According to AT&T, they will give prior warnings before throttling:

Starting October 1, smartphone customers with unlimited data plans may experience reduced speeds once their usage in a billing cycle reaches the level that puts them among the top 5 percent of heaviest data users. These customers can still use unlimited data and their speeds will be restored with the start of the next billing cycle. Before you are affected, we will provide multiple notices, including a grace period.

Reading your comments, is this not happening? I'm not a heavy user of data, and I try to use WIFI whenever possible, but a few times I have gotten really close to 2 GBs of data. I just want to make sure, I'll know before I'm throttled, right?

 

[pazzo02]

According to AT&T, they will give prior warnings before throttling:

Starting October 1, smartphone customers with unlimited data plans may experience reduced speeds once their usage in a billing cycle reaches the level that puts them among the top 5 percent of heaviest data users. These customers can still use unlimited data and their speeds will be restored with the start of the next billing cycle. Before you are affected, we will provide multiple notices, including a grace period.

Reading your comments, is this not happening? I'm not a heavy user of data, and I try to use WIFI whenever possible, but a few times I have gotten really close to 2 GBs of data. I just want to make sure, I'll know before I'm throttled, right?

That is AT&T's policy, so if you think you are being throttled and haven't received the "multiple notices" and grace period, contact them immediately to find out why. The more I hear about this, the more I think that they have an automated system controlling throttling, and that it's run amok.

 

[jess.hickey]

I was reading an article this morning that made a very valid point.

As we, with the unlimited plan, try to watch our data usage, the top 5% will go down from ~2gb to <2gb.

Let's see if we can't make this backfire

I contend we go the other direction. Watch your data usage for the first part of your cycle. In the last 3-4 days...f'ing run it up son!!!

After I was throttled last month I was able to gobble up another 1.5-2gb of data in the last 2 days of my cycle. I muted the phone and streamed pandora and tunein radio at the same time for about 12-18 hours straight.

UNLIMITEDS UNITE!!!!

 

[pazzo02]

I was reading an article this morning that made a very valid point.

As we, with the unlimited plan, try to watch our data usage, the top 5% will go down from ~2gb to <2gb.

Let's see if we can't make this backfire

I contend we go the other direction. Watch your data usage for the first part of your cycle. In the last 3-4 days...f'ing run it up son!!!

After I was throttled last month I was able to gobble up another 1.5-2gb of data in the last 2 days of my cycle. I muted the phone and streamed pandora and tunein radio at the same time for about 12-18 hours straight.

UNLIMITEDS UNITE!!!!

Then AT&T will say "well, throttling is not working, so we'll just have to do away with the unlimited plans."

 

[jess.hickey]

^ that would be a breach of contract

 

[UnfocusedHTC]

^ that would be a breach of contract

Not if they make you change at upgrade.

 

[5thavenue]

Then you just buy a phone off ebay with clean esn and pop youre simcard in.Did this for several years to save my upgrade.Sim card wears out just go buy another from at&t or do a sim card only activation.If they end unlimited data,guess what thats breach of contract so ETF!Then i'll head off to Sprint or Straight talk.

 

[tmn72tx]

You guys won't like this answer very much, however this is from your AT&T contract:

1.3 Can AT&T Change My Terms And Rates?
We may change any terms, conditions, rates, fees, expenses, or charges regarding your Services at any time. We will provide you with notice of material changes (other than changes to governmental fees, proportional charges for governmental mandates, roaming rates or administrative charges) either in your monthly bill or separately. You understand and agree that State and Federal Universal Service Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government's or our calculations.

IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, BEYOND THE LIMITS SET FORTH IN YOUR CUSTOMER SERVICE SUMMARY, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE'LL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN ADVANCE (EITHER THROUGH A NOTICE WITH YOUR BILL, A TEXT MESSAGE TO YOUR DEVICE, OR OTHERWISE), AND YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE OR RETURNING OR PAYING FOR ANY PROMOTIONAL ITEMS, PROVIDED YOUR NOTICE OF TERMINATION IS DELIVERED TO US WITHIN THIRTY (30) DAYS AFTER THE FIRST BILL REFLECTING THE CHANGE.

If you lose your eligibility for a particular rate plan, we may change your rate plan to one for which you qualify.

 

[UnfocusedHTC]

Then you just buy a phone off ebay with clean esn and pop youre simcard in.Did this for several years to save my upgrade.Sim card wears out just go buy another from at&t or do a sim card only activation.If they end unlimited data,guess what thats breach of contract so ETF!Then i'll head off to Sprint or Straight talk.

I'm sorry. Straight talk is just another way Walmart is trying to rule the world. Is rather pay $50 for 1mb of data before I went with them.

 

[tmn72tx]

Sounds like AT&T finally made it clear:

In an article on USA Today by Roger Yu

The wireless carrier said Thursday that it will throttle the data ? slow the transmission speed ? for customers with "unlimited" data plans when they reach 3 gigabytes of data usage within a billing cycle. Customers who use its fastest "4G" data network, called LTE, would experience a slowdown at 5 GB of data usage.

I guess small battles in small claims court can have a big impact.

 

[pazzo02]

I guess small battles in small claims court can have a big impact.

Called it!

http://forums.androidcentral.com/t/...ed-plans-illegal-post1625134.html#post1625134

 

[UnfocusedHTC]

So I got there message saying I'm over 3gb and will be throttled. So I did a speed test. I'm still over 5mb per sec. Hmm does this not work on a rooted phone?

 

[pazzo02]

So I got there message saying I'm over 3gb and will be throttled. So I did a speed test. I'm still over 5mb per sec. Hmm does this not work on a rooted phone?

Before, there was supposed to be a grace period. I didn't see it mentioned in the latest press release, but it's possible that it's still there. I guess you'll just have to wait and see.