The plaintiff's claim that the T-mobile salesperson represented there was no data cap is accurate. Just last week, I was at a T-mobile store in WA State shopping for new service and was also told there was absolutely no data cap. They were quite emphatic about that fact.
It seems odd that they would train their employees to misrepresent something like this, when it will clearly lead to legal difficulties.
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There is not data cap... they just throttle the hell out of it to make it super slow...
Dumb*** should not be suing... He is only going to be causing everyone else problems once T-Mobile decides to tier their data plans and limit and regulate them, all because an *ss like him decided to sue them because he was being irresponsible... freaking joke!
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This argument could go either way.......
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10 gigs is alot....it also says that if he is tethering it is not permited....I do agree with Scott that they do reduce the speed of the internet from 3g to 2g. It is unlimited but not unlimited 3g speeds. It also says that they can change it at anytime without your permission.
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Sometimes I wonder if you guys on PS are aware of all the uses of a smartphone. I use a Motorola Droid, and I have an app called CNET Audio, there is a 5 day a week podcast called Buzz Out Loud, that *ONE* podcast is 23mb's x 5 days a week 115mb's x 4 weeks a month is 460mb's, and that is only *ONE*
use.
There's also videos which use more data than regular web browsing. FOX News app has videos, Newsy has videos, FOX Business app has videos, then there's always YouTube.
Plus there's an app called Stitcher, quite a few podcasts in that app that I like to listen to, both tech & news podcasts.
It all adds up! Wireless bills are very, very expensive, and I like to get my money worth out of what I pay for.
I don't have cable tv, and ...
(continues)
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You are getting far too much "news" from Fox, Jay.
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In my same conversation with the T-mobile rep, he said tethering WAS in fact allowed, and is free of additional charges. This was presented to me as a selling point.
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Well...the pen is mightier than the sword.
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He wasn't being irresponsible he was being cheap and tethering his phone to his computer obviously if he used over 10GB. Agree with you though, recommend everyone go get TMo now before that tiered crap happens with them 👀
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PEZAug 10, 2010, 1:44 PM
I guess I agree with you. The data is still there, he is simply being penalized. I like to use Wifi wherever it is, and I am unsure of my data usage as a whole (in MA).
My guess is, the sales person is simply ill informed as to what the contract actually contains - which is no excuse either. But, I am sure his job is simply to get business, as MOST people will not use that much data. Those who do, will sue.
I am pretty happy with Tmobile, but this class action, what can come of it? They will simply change their ads to specifically reflect the throttling. Also, there are ways to mine your data. The consumer will have to pay more attention, I guess.
Anyway, whatever.
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The rep doesnt need to read to the customer word for word what the terms and conditions. The customer get to use their eyes to ready and there brain to understand what their reading.
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This sure makes Sprint look good right now. I go over 11G a month and never get throttled down or charged more. Now I also have T-mo and it clearly shows they may throttle your speed down with excessive usage. As with most carriers just with different wording. Here where I live 50K would be above the avg speed I get and it is still possible to browse the internet but maybe not stream music. Maybe I should sue T-Mo cause I pay for internet and get 45K avg speed with mostly 20K in my house. Hence the reasons why people need to read the terms and conditions.
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Whether they apply additional charges or throttle back from normal bandwidth, it constitutes a form of 'data cap', albeit at 10gb. That is not the same as 'no data cap'.
The real point is that T-mobile, or any wireless carrier for that matter, should train their reps to accurately represent the limitations of their service plans. It should not be a necessity to fact check what these people say. That is an incentive to conduct my business with antihero company.
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Data cap - A limit on the amount of data one can use.
Throttling the data does not limit the ability to continue using it. It may be slower than what you would like, but it's still available.
As for the second paragraph: Yes, he could've disclosed it better, but only a moron signs a binding contract to someone for two years without reading it. If before signing, you had read the portion that says excessive data use will be throttled, you would've been able to ask about it before you finished the transaction.
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Agreed...but apparently the contract specifically stating the carrier's right to throttle doesn't matter to some people around here and choose to ignore that critical fact.
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Scotty_bing said:
There is not data cap... they just throttle the hell out of it to make it super slow...
Dumb*** should not be suing... He is only going to be causing everyone else problems once T-Mobile decides to tier their data plans and limit and regulate them, all because an *ss like him decided to sue them because he was being irresponsible... freaking joke!
Scotty sad but true, AT&T got away with it, I'm sure VZW is going to follow sooner or later. Then the rest.
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There is no data cap. The rep accurately stated that the customer could use as much data as they wanted. He did not say that any of that was promised to be at the highest speed available.
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But shouldn't the rep be disclosing the reduced speed after the cap? I have a feeling it wasn't mentioned at all...
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The rep doesnt need to disclose that and the rep didnt lie it is unlimited just slowed down after you use a rediculose amount of data ....10 gigs really? how do you even use that much data from a phone anyway? oh yah you tether, and thats not supported by t-mobile. The customer would of known all that if they could ready the term and conditions befor there grace period is up.
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How much was his overage? Imagine if he had a GB cap and was over GB? How long was he downloading GB per month? So lets say he did this for a year and was over by GB and the overage is .10 per MB. This case will be tossed out.
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I don't see how anyone could use this much on his/her smartphone unless he/she was using tethering. Does T-Mobile offer tethering for a separate charge, or does it allow use of tethering apps without a premium on it?
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thats the great thing about t mobile. They dont support it but if you can get your phone to tether they dont charge you more for it. just use under 10gb a month and your good. over 10gb and your slow 🙂
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Contrary to what other posters claim, T-mobile DOES support tethering at no additional charge via a USB cable. I base this on my recent discussion with a T-mobile rep. He brought this up as a selling point for t-mobile over Verizon (my current carrier).
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Its kinda wierd with t-mobile. We dont officially support tethering as in we wont help you figure out how to tether your phone and if you call in for teck support we will tell you we dont support tethering.... but if you figure it out then theres no additional charge for you to tether, however there's a limit where speeds get throttled appearently 10gb.
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Thanks for clarifying. I use my Eris very, VERY comfortable in any given month, and I generally don't even reach half a gigabyte. Still, people like this guy don't seem to understand that everyone using their devices so heavily would inevitably bring a network to its knees. He'd probably be pleased with these throttled speeds in that case. XD
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He's from Cali...he doesn't care about other people, just himself. 🙄
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Capping and throttling are not the same thing. Besides, the bottom line is the data rules are clearly outlined in the contract. This case has no grounds.
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They don't train us to say that the webconnect sticks are unlimited, because they aren't. 5GB soft cap, which is better than any other carrier. As far as on a phone, it is unlimited. I don't see the issue with the carrier protecting their network and other subscribers from the few that use the majority of data. I use my phone for web access, GPS, Pandora, Facebook, and Twitter and have never come close to being throttled. I question what, exactly, this customer was doing with his phone to use that much data.
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