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Razeus

macrumors 603
Original poster
Jul 11, 2008
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http://www.lieffcabraser.com/consumer/ipad.php

On June 9, 2010, a consumer who purchased an Apple iPad with 3G capability and signed up for an AT&T data plan filed a nationwide class action lawsuit against Apple and AT&T for fraud and misrepresentation. On June 23, 2010, an amended complaint was filed adding two additional consumers as plaintiffs and further details in the factual allegations.

Plaintiffs allege that Apple and AT&T deceptively promoted that consumers could both sign up for an unlimited data plan and have the ability to switch, month by month, between that unlimited data plan or one with a 250MB limit as their needs changed.
 
I'll be watching this closely.

AT&T may have the right to change their terms at any time, but how they did it stinks. Apple has not, as far as I can tell, said anything about the new data caps - in remarkable contrast to how they played up the $29.99 all-you-can-eat iPad data plan.

Changing the plan 5 weeks after the 3G iPad release and grandfathering in users for $360/yr smells like a bait-and-switch and I really hope AT&T has their ass handed to them. Someone should smack Apple too, for keeping their mouth shut about this.
 
I'll be watching this closely.

AT&T may have the right to change their terms at any time, but how they did it stinks. Apple has not, as far as I can tell, said anything about the new data caps - in remarkable contrast to how they played up the $29.99 all-you-can-eat iPad data plan.

Changing the plan 5 weeks after the 3G iPad release and grandfathering in users for $360/yr smells like a bait-and-switch and I really hope AT&T has their ass handed to them. Someone should smack Apple too, for keeping their mouth shut about this.

AT&T deserves s**t over this. The fact that they have dropped data caps down to 2GB + $10/GB over is dumb. I admit that I am a light iPhone user (which surprises me) using just over 200MB a month, but still I want to know unlimited data is available when I need it. I bet many people purchased the iPad with the expectation of unlimited data and are now being nickeled and dimed by AT&T. Bad bad move.

AT&T screwed up big time on this, and there is only 1 benefit: I can switch between Android and iPhone devices without having to call AT&T to have them swap data plans.
 
Someone should smack Apple too, for keeping their mouth shut about this.

Apple may very well be displeased with AT&T's decision as well, but making statements about it would be legally risky and probably would not help their relationship with the carrier.

I have a feeling Apple was behind AT&T deciding to extend the sign up window to be grandfathered into unlimited plan.
 
Great so some bottom feeder class action attorney will make a pile of money off the settlement and we'll get a coupon for $10 off a purchase at AT&T (iPhone excluded) that expires in 6 months...
 
Great so some bottom feeder class action attorney will make a pile of money off the settlement and we'll get a coupon for $10 off a purchase at AT&T (iPhone excluded) that expires in 6 months...

Doesn't matter. What AT&T did was flat out wrong. Being grandfathered in is pointless because I was told I could cancel and sign back up when I wanted. Now when I sign back up, I get the crap data plan. Now I'm being told that I have to stay on my plan if I want to keep it unlimited or risk losing it all when I sign back up. $30 is no sweat for me, but it's the principle of the matter.

I understand why AT&T did this. But it's not my fault their network can't handle all the data passing through. They should be building a better and more efficient network instead of putting artifical caps on people's usage. These needs should have been anticpated. And the fact that this network issues have been going on since iPhone first launched and they still can't keep up says they haven't been doing jack squat in the last few years but patching holes.
 
I'll be looking forward to the attorney firm buying all its partners new ferarris, and my $5 ATT coupon.
 
Apple may very well be displeased with AT&T's decision as well, but making statements about it would be legally risky and probably would not help their relationship with the carrier.

I have a feeling Apple was behind AT&T deciding to extend the sign up window to be grandfathered into unlimited plan.

The carrier just recently pissed off a bunch of Apple customers. They also *may* have blindsided Apple with this. Why can't the relationship work the other way too?
 
Class action lawsuits don't really compensate the people affected.

The "best" outcome would be to offer all 3G owners the opportunity to return their 3G iPads for a full refund (including shipping fees where applicable).

My bet is that very few if any would want that resolution...
 
AT&T deserves s**t over this. The fact that they have dropped data caps down to 2GB + $10/GB over is dumb. I admit that I am a light iPhone user (which surprises me) using just over 200MB a month, but still I want to know unlimited data is available when I need it. I bet many people purchased the iPad with the expectation of unlimited data and are now being nickeled and dimed by AT&T. Bad bad move.

AT&T screwed up big time on this, and there is only 1 benefit: I can switch between Android and iPhone devices without having to call AT&T to have them swap data plans.

The overage is only for postpaid (iPhone) plans. The cost for an iPad user who uses 3GB in a 30 day period went from $30 to $50.00. The remaining 1GB is usable for 30 days after the second $25 payment.
 
Class action lawsuits don't really compensate the people affected.

The "best" outcome would be to offer all 3G owners the opportunity to return their 3G iPads for a full refund (including shipping fees where applicable).

My bet is that very few if any would want that resolution...

Why not offer to refund/prorate the cost of the 3G modem?
 
I'm still not sure how a lawsuit is justified.

Sure it is a sucky move by AT&T, but no where in their MONTH TO MONTH terms and conditions did it say the Unlimited would last forever.

That is the downside and risk associated with a month to month contract. The locked in rate is the primary benefit of a termed contract.

I'm far from being a lawyer and even I can see that.
 
I'm with those who predict only the lawyers will get compensated, if anyone does. At least in any meaningful way.
 
What AT&T did was flat out wrong.
Yes, wrong and sheisty, but AFAIK, not illegal.

I also thought that they caved and gave people would qualified for the original data plans the ability to switch back and forth between $0/$14.99/$29.99

If so, then nobody was "damaged", which would make this case way more difficult.
 
Yes, wrong and sheisty, but AFAIK, not illegal.

I also thought that they caved and gave people would qualified for the original data plans the ability to switch back and forth between $0/$14.99/$29.99

If so, then nobody was "damaged", which would make this case way more difficult.

So let's say you bought a car. You buy this car (iDevice) because the company says you will get unlimted gas (data) for $30 a month.

28 days after the purchase, the company comes back to you and says, well we can't do the $30 unlimited anymore. Instead you'll have to pay us $25 and we'll only give you 20 gallons a month. Oh, and if you need more than gallons, you'll need to pay us another $15 for every 10 gallons thereafter.

Now you realize you've been sold something on false pretenses. What do you do?
 
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