Entune no longer works thanks to AT&T!!

A throttled down data stream can still be unlimited. I could be wrong but I doubt AT&T contract guaranties data speed anywhere as they can't because they don't have 3g or 4g everywhere. So they are probably off the hook in a small claims court.

 

Or not. "Unlimited data" is hard to attach limitations to. Cutting the speed applies limits.

Be fun to do a small claims. Your risk is paying ATT's small claims court costs (about $200) if you lose.

Be funny to see PRPrius vs. ATT phalanx of black suits in small claims court. That alone would likely influence the judge to rule in his favor.

All about the contract. If it says "Unlimited" and no restrictions, I think he'd win in small claims and ATT would be freaked out.

 

A guy did just that and AT&T settled. AT&T offers iPhone user a settlement in throttling case | Signal Strength - CNET News

 

Dianne, depends on where you are. In some areas Sprint sucks.

 

That's what AT&T wants, for you to cancel your unlimited data contract. when you realize that you want to go back to AT&T, you'll have get their tiered data plan.

 

The plan is still unlimited. The customer can download an unlimited amount of data, only at a slower rate.

I think if you look at the fine print of the contract, AT&T makes no guarantee of speed. In fact, I think you will find that the AT&T contract says that AT&T can do whatever it wants, and at best all you can do is get out of the contract - if you are lucky.

I agree that it's a crappy way to do business, but that's the way we allow cell phone companies to operate in this country.

But it *is* unlimited. The contract makes no guarantee of speed. The customer can still download an unlimited amount of data, but at a slower speed.

You'll lose this one every time in court.

Exactly. Off the hook in small claims or any other court. AT&T isn't stupid; the contract is written in their favor.

Cutting speed does not imply limited. Look at the contract; speed is not guaranteed. This one would lose in court, and you would end up paying AT&T's legal bill.

Tom

 

That case brings up an interesting point. Does Entunes represent tethering? If so, and tethering is not allowed per the contract, then ATT would win the case.

Is the phone simply streaming the Entunes content on the phone to the car's display? Then it would not be tethering. If the car is using the phones internet connection directly, then it would be tethering.

Which defines "limited". If the contract states unlimited with no caveats, he'd win the case with the open question above about tethering and whether that is mentioned in the contract.

 

I recall that in England "unlimited" legally means the amount of data ~90% of users would use.

ATT charges $10/gig for the 3 and 5 gig plans. If you go over it's still just $10 for each gig over. (depending on device type)

There is an ATT iphone to the left of me and a Sprint HTC android on my right. Both with old true unlimited data plans. Every month Sprint sends a bill with $50 or $60 in overage fees and every month they have to be reminded of the still in effect contract. Deliberately bad service to get my cousin to drop his plan.

Nobody has good service and the phones are about as reliable as win 98se with all the crashes, hangs, and reboots. $1200/yr plus $300 or $400 for something that's going in the trash in 2 years or less?

I burn threw gigs of data daily which is why I use wifi on a netbook and not a tiny not so smart phone.

Only the Lexus 450h handsfree has worked consistently. Can't say that about any other brand I've been in in the last several years.

 

ATT has been very reliable for me as has the iPhone, no crashes, not hangs, no reboots, no errors, top of the 7th.

Who has time to watch that much porn...uh...art?

Though test is coming America's Cup live via YouTubeTV, starts at 8AM EDT. I'll be at work so iPhone cleverly palmed and streaming.

 

I wonder about the ATT provision that states speed is not guaranteed. IANAL, but I can imagine ATT getting in trouble for throttling speeds for arbitrary reasons within their reasonable control. Parties to a contract are expected to act in good faith.

Contracts that say "party A can do whatever they please, for whatever reason they please, whenever they please" are not enforceable. In this specific case I suspect this means that ATT has to let customers out of their contracts who do not agree to the throttling, and the phone has to be unlocked. At least that is what I think a smart lawyer would wrangle out of ATT in a class action lawsuit.

If ATT adverts a 10 Mbps service along with a caveat that speed is not guaranteed, can they then actually provide a 1 bps service and laugh at the dumb customer ? Somehow I doubt the judge would go along.

 

Yep, I was going to post this link too. I'm waiting for the day ATT finds a way to kick us grandfathered unlimited data folks off the plan (like verizon). We have gotten throttled twice. We have 5 iPhones, all with unlimited data, and have been paying ATT for these services since the very first iPhone (>$300/month for several years) and we go over 3 gigs twice in all that time, and BOOM! Spanked. That, i have to say, is irritating to say the least. Every other month we have been far below 1 GB of data for all phones. So much for loyalty and customer service