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Even though it's written on AT&T's site about unlimited data, it's not if you read the terms:

If you are on a data plan that does not include a monthly megabyte allowance and additional data usage rates, the parties agree that AT&T has the right to impose additional charges if you use more than 5 GB in a month. Prior to the imposition of any additional charges, AT&T shall provide you with notice and you shall have the right to terminate your service.

AT&T is always one problem after another. I probably use less than 1GB of data every month, though.
 
But if they change their service, they need to notify their users; then users have the option to opt-out and that means out of contract and no ETF.

tell you the truth they don't have to because that "fair/excessive" claus has been in the contract day 1 of the "unlimited" data plans. So it is already in there and you already have agreed to it in your contract.
 
but that clause is not defined

if they define it, they are effectively changing the agreement.

Again they never have to do it. Right now the clause lets them change the number around to what ever they want it to be. 5 gigs is more than likely going to be the magic number they will use to define excessive use.
If ATT came out and said our soft cap will be around 5 gigs but it will be allowed to change then again the clause still works.
If you think about it we the people just really need to know what the soft cap is. A hard cap might cause more problems for those random months that our usage spikes and we do not get punished for the random month. Now if it is constant then yeah crack down on it but every now and then they should let it slide. Softcap allows that. hard cap does not.
 
I'm sure Verizon is already working on commericals incase AT&T cuts service or raises price.

More carriers in the US for the iPhone would really help here. Data would be spread out across different companies. And there would be price wars on iPhone plans. I'd like to see T Moble get an iPhone in 2010 since it is set up to run on their network already. Verizon is probably a way off from getting a iPhone.
 
but that clause is not defined

if they define it, they are effectively changing the agreement.

they go to court and show a bell curve with most users around 200MB per month and compare it with other smart phone users. then they show someone at 30GB a month and AT&T will probably win the case.

i use more than the average and i would have to use my phone A LOT to hit even 5GB. anything more you are probably JB'd, tethering and using BT over the cell network and AT&T knows this.

they don't really want more money from these people, they want them off the network and will probably make up some obscene charge over 5GB or 10GB a month of use
 
I'm sure Verizon is already working on commericals incase AT&T cuts service or raises price.

More carriers in the US for the iPhone would really help here. Data would be spread out across different companies. And there would be price wars on iPhone plans. I'd like to see T Moble get an iPhone in 2010 since it is set up to run on their network already. Verizon is probably a way off from getting a iPhone.

T-Mobile has like no 3g coverage, that would be a waste.
 
Even though it's written on AT&T's site about unlimited data, it's not if you read the terms:

If you are on a data plan that does not include a monthly megabyte allowance and additional data usage rates, the parties agree that AT&T has the right to impose additional charges if you use more than 5 GB in a month. Prior to the imposition of any additional charges, AT&T shall provide you with notice and you shall have the right to terminate your service.

That language is not anywhere in my contract or TOS. I do have a clause allowing them to take action to protect their network, preserve the experience of other users, etc. (the fair use clause). But there is nothing anywhere that says anything about a 5GB limit.
 
In Hong Kong, some carriers charge data plan by usage.
For example, your original plan is HKD$28/mo for 2MB.
If you use over that limit, of cause they charge you extra but in a flexible way.
They "upgrade" you to the next level plan, let's just say $58/mo 5MB. If you are still using more than that they keep on "upgrade" you until $488/mo unlimited MB. What happen if you are just 10KB over 2MB? They charge you by $0.03/KB fee until your usage reachs the next level. The next month, you start over with original plan
(All in HKD)
2mb $28
5mb $58
50mb $98
100mb $198
500mb $288
unlimited $488

I think that's a fair plan and able to reduce data usage. For those who needs unlimtied, they pay for it. For those who want to save money, they regulate their usage. It can reduce amount of poeple who's thinking, "um... I'm forced to pay for unlimited data to have an iphone, I'll just use at much as I can even I don't need it. Ah! BT sounds good".

I don't understand why a nation phone company (AT$T) can't come up something like that. Instead, forcing iPhone buyers to sign up for "unlimited' data plan.
Yes, unlimited sounds great on ad. Now, customers educate them what is umlimited and their network is screwed up.
 
at&t can't do squad to you while you are under your 2 year contract and after those 2 years end I'll be jumping ship to Verizon.
 
Again they never have to do it. Right now the clause lets them change the number around to what ever they want it to be. 5 gigs is more than likely going to be the magic number they will use to define excessive use.
If ATT came out and said our soft cap will be around 5 gigs but it will be allowed to change then again the clause still works.
If you think about it we the people just really need to know what the soft cap is. A hard cap might cause more problems for those random months that our usage spikes and we do not get punished for the random month. Now if it is constant then yeah crack down on it but every now and then they should let it slide. Softcap allows that. hard cap does not.

What if ATT decides that 1 GB is excessive? 100MB? etc. Where do you draw the line?

The issue is that they advertise "unlimited" data. Yes there is a soft cap of 5 GB, which ATT will notify you about when you get there

However, once they define what constitutes as excessive, then that does change the contract and users should have the right to opt out if ATT's definition of excessive no longer is compatible with on'es phone usage that they agreed to when they initially signed the contract
 
What if ATT decides that 1 GB is excessive? 100MB? etc. Where do you draw the line?

The issue is that they advertise "unlimited" data. Yes there is a soft cap of 5 GB, which ATT will notify you about when you get there

However, once they define what constitutes as excessive, then that does change the contract and users should have the right to opt out if ATT's definition of excessive no longer is compatible with on'es phone usage that they agreed to when they initially signed the contract

I think it's impossible to define what excessive is, as it'll vary considerably based on where you live, how many other AT&T customers have to share the airwaves with you, etc etc, and hence the definition remains fairly vague.
 
What if ATT decides that 1 GB is excessive? 100MB? etc. Where do you draw the line?

The issue is that they advertise "unlimited" data. Yes there is a soft cap of 5 GB, which ATT will notify you about when you get there

However, once they define what constitutes as excessive, then that does change the contract and users should have the right to opt out if ATT's definition of excessive no longer is compatible with on'es phone usage that they agreed to when they initially signed the contract

they advertise it in terms of you abiding by the TOS. using a JB'd phone and tethering are most likely outside the bounds of the contract you signed
 
they advertise it in terms of you abiding by the TOS. using a JB'd phone and tethering are most likely outside the bounds of the contract you signed

Well if you jb yea, you deserve it

But if this restricts usage done by those who havent jb their phones, then it doesnt seem right that they can lure you in with "unlimited" then change it while you are under contract without havig the ability to opt out
 
What if ATT decides that 1 GB is excessive? 100MB? etc. Where do you draw the line?

The issue is that they advertise "unlimited" data. Yes there is a soft cap of 5 GB, which ATT will notify you about when you get there

However, once they define what constitutes as excessive, then that does change the contract and users should have the right to opt out if ATT's definition of excessive no longer is compatible with on'es phone usage that they agreed to when they initially signed the contract

they can public stated what they say is excessive with out changing the contract since the contract only says excessive. That gives ATT the right to move that number how ever they see fit. Mostly it is compare the excessive users compared to everyone else average. Those who are outliers (top 3-5%) easily will get nailed since they are out side the bell curve.

Remember the claus gives them a lot of room. As long as they never say it is 5gig exactly they are ok. Now if they say around 5 gigs guess what they are safe because they never defined it. You leave the contract you get slapped with the ETF.

Even if it did give people a reason to get out for free. I do not think ATT will mind because 5 gigs a month is a break even point from what I read. 5 gigs cost the networks around 30 a month. Let those high end users go saves them money. ATT can require them to turn back in there phone or pay the difference in what ATT paid to subsized it.
 
Even if it did give people a reason to get out for free. I do not think ATT will mind because 5 gigs a month is a break even point from what I read. 5 gigs cost the networks around 30 a month. Let those high end users go saves them money. ATT can require them to turn back in there phone or pay the difference in what ATT paid to subsized it.

If AT&T breaks the terms of its contract with a user, it cannot require that user to return his subsidized phone.
 
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