T-Mobile Sued For Throttling Data Speeds, Having An “Unlimited” Plan

Hey, guess what, another lawsuit complaining that a wireless carrier doesn’t really offer an “unlimited plan.” Unfortunately, this time it’s levied against T-Mobile by lead plaintiff Trent Alvarez who states he entered into an agreement with T-Mobile by purchasing smartphones and then received a message regarding a reduction in data speeds due to exceeding the 10 GB limit. The suit brought in Yolo County, California claims that T-Mobile’s advertisements for “Unlimited Web & Email” are misleading/deceiving and that T-Mobile sales representatives falsely represented the data plan as unlimited.

Of course, this is reminiscent of a similar suit brought against Verizon that was settled in 2007 resulting in more than $1 million dollars paid out to customers who also claimed they were mislead by Verizon’s “unlimited” claims.

While it’s expressly stated in T-Mobile’s contractual agreement that T-Mobile reserves the right to throttle speeds based on network overload, excessive or improper usage, etc., most people will never read the fine print.

I’m a little unsure as to where to come down on this one as part of me would feel that exceeding 10 GB’s, while easy, takes a lot of work.  It’s likely you are either downloading large files on more than one occasion, playing a game online or something else that might not be “kosher” according to the wireless carrier standards resulting in a reduction of bandwidth.  Of course, it’s also possible you simply use a lot of data and bought into this agreement with the idea that you could use it at will with no concern about being throttled. So while it’s likely a suit like this will result in a settlement out of court, perhaps it will serve as a warning both to carrier and customer to take heed of the fine print and, for the carriers’ interests, make those warnings a little larger.

CED Magazine

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  • Eastex

    10Gb limit is still better than everyone elses limits

    • NiiDiddy

      Agreed!!

      • Ural

        Having steamed up to 13gb on tmobile I can state the following. They will let you do it once on a while. But the second month your bandwidth is capped 50kbps enough for email our test meaning.

        To get up there in the 10gb range, you are using large files live video, movies or data backup over the internet.

        Th mobile has the best speeds the most bandwidth of the cellphone companies. Only clearwire offers more bandwidth, but tmobile is more reliable. In fact tmobile could make a killing if it provided wireless isp services.

        The fool in california should lose his pants, cause tmobile clearly does specify in the contact that they will cap you after for 5gb.

  • Brad

    ^ Yep, and TMO is the only carrier that doesn’t have a hard cap, so I don’t really understand this guy’s complaint. Nowhere was he promised unlimited SPEED, only unlimited DATA – and since all TMO does after the 10gb soft limit is slow down your SPEED (and NOT cut off your DATA altogether like the other carriers do) this guy’s complaint seems to be specious.

    • tokinotabumblb

      I completely agree with you. Technicially it is unlimited data, and that is what he is getting. The only thing is that they slowed the speed after the 10GB. He’s not getting charged extra for going over his cap. I would find it hard for him to win this case. If it said unlimited speeds, than that’s different. People are just looking to do whatever to squeeze a few bucks from anyone. Its not that serious.

      • sorandkairi

        Although I also agree with you as well, no one seems to know the exactly how much tmobile limited him and, that’s the problem. They could’ve cut him to do 1000kbps or to 10kbps. We just dont know. Even if the service was still “unlimited” by terms of data, one could not do anything conceivable with too low a speed. So speed and unlimitability still go hand-in-hand!

        And also….

        “T-Mobile reserves the right to throttle speeds based on network overload, excessive or improper usage etc”

        This would be fine if they, T-MO, gave a way for the consumer to “judge if they were going close to the “improper usage… of data” that T-Mobile is referring to whether it is 1, 5, 10, or 20 GB! But no it doesn’t make that know to the purchaser or costumer. Those values are set by T-Mobile and are known throughout T-Mobile but not by the general public.

  • Andrew

    Who the hell downloads 10 gigs worth of crap on their phone in a month?

    • 30014

      He was more than likely tethering in which case reaching the 10 GB cap was a lot easier than if it were done solely on his phone.

  • john

    On the t&c’s it forbids tethering, p2p sharing, and does mention the cap, don’t settle this one, T-mo is right, he signed a contract, he was not shut off, and he broke his own contract. BTW in a month, I didn’t clear 9 gigs while tethered to a ps3 playing online. In other news, cliq owners will get their update 2 weeks after the charm releases. There was a bug in the 2.1 build, that was causing force closes when sliding the kb open.

    • Jack

      “cliq owners will get their update 2 weeks after the charm releases”

      Citation needed.

      • john

        There are some things that can, and some things that can’t be put here, you know like limited distro files I think david can vouch for me being credible…lol

      • Jack

        Incredibly credible…lol

    • beastly
    • j

      T-MOBILE doesn’t prevent you from tethering but no longer supports it. If you can make it work they won’t stop you

  • My2Cents

    I think the carriers need to quit advertising unlimited service if there are any limitations at all…even if it is throttling. You can’t say one thing in big bold letters and then say the exact opposite in tiny little print. T-Mobile may not be as bad as the others, but that still doesn’t make it right.

    • Marc

      I agree with that.

    • PHONE FREAK

      But you techincally still get unlimited DATA.

    • Frank

      Yeah but there are a lot of goods and services that are not quite what they are advertised as. That is why businesses love the fine print sections of their contracts ie. how do we get out of doing what we said you could pay us for. I think that TMO is a lot better at working with people than a the other big carriers. I have experience with all of them. Really it is your own bad if you didn’t pay attention to the fine print.

      • j

        Well said Frank, It clearly stets this in the feature information and if you miss it, so sorry. Most people don’t read all the information about the features.

      • keele8

        Exactly. Look at banks for example. How many banks advertise “free checking.” But not one of them is free. There is always fine print. Overdraft fees, return check fees, if you want checks you have to pay for them. Some even charge you for using your debit card after it has been used a certain number of times. In reality a company can advertise any way they want as long as there is a fine print disclosure. Simple matter is that T-Mobile says unlimited data, which is true because they never cut off the data no matter how much it is used. But they fully disclose in the fine print that if 10 gb is reached they slow down the speed. They are not in the wrong on this and I personally hope they stick to their guns and do not settle, but fight this.

      • Brian

        i do agree with frank. once you sign the contract, then too bad. if you didnt agree with it, you should amend it with both ur signature and tmo rep’s signature.

        ::off topic alert::

        what keele? that is not an apt comparison. of course you are gonna get charged for fees for overdrawing. there are a lot of banks that allow u to swipe as much as you want with your debit card, so long as you have the funds. and some banks give you free checks for life if you put enough funds in the account, so that really should not be a problem getting free checks.

      • keele8

        First off Brian, I know that there are lots of banks that don’t charge the fees I mentioned and have free checks. I am not an idiot, I work in the financial industry. Second, saying my comparision is not an apt one is idiotic to say the least. It has everything to do with this topic. Don’t want to use banking, fine. Let’s look at another industry. How many times have you seen commercials for automobiles that say get a brand new (whatever model car) for only $20,000. Now at the bottom there is a fine print disclosure and the first thing it says is dealer fees may apply, see store for details, blah blah blah. So then you go to buy the car and you find there is a transportation fee, docking fee, dealer fee, taxes, etc and the car ends up being $26,000 instead of the $20,000 advertised on the commercial. Should we sue the car company for false advertisement? No, because they disclosed in fine print there could be additional fees. Just as I stated with banks they can advertise free checking when it is not free because of fine print. Just like T-mobile can say unlimited data but can cut down someones speed because they disclosed it in fine print. Going back to my “in-apt” bank comparision, you say duh to the comparision about overdraft fees because you know there are overdraft fees. There are many people who do not and get mad because the sign said “free checking”, and they interpret that as meaning free as in no fees no matter what. Many of us are saying duh to this guy going after T-mobile because we know they will reduce the speed if they use more than 10gb, but obvously he didn’t know. Anyway, I am done wasting my time defending myself, but maybe you should think about what point the comparision is trying to make before you decide to make a negative comment about what someone has written.

    • JoshL

      I Agree.

      • JoshL

        With My2Cents of course.

  • Emil Ghoting

    slingin’…

  • San Diegan

    I bought into the unlimited web last month in anticipation of getting a Vibrant. I am not far along enough to get it at a reasonable price and really didn’t want to step down from my 8mp Memoir.

    After seeing what Apple/ATT did, I decided to “grandfather” myself so I could get unlimited data when they started with tiered pricing.

    I have been looking forward to slingbox, streaming podcasts and other uses. Now, I am not sure that I will really get the bargain I thought I would.

  • mike

    ^^^ someone who purposely wants to complain

  • wittynamehere

    If you can use your data as much as you want then it’s unlimited! Do you pay overages? Did T-Mobile turn off your web? NO. So it’s unlimited. The ability to throttle is even in the contract you signed. Another person trying to make some easy money in a frivolous law suit.

    • PHONE FREAK

      That is the answer right there.

    • pimpstrong

      You nailed it

    • Brian

      wise

      another reason we need tort reform

  • Allen

    The initial contractual agreement includes an agreement to “mandatory arbitration,” meaning any claims against the company must be settled out of court. So, something tells me it will probably be settled out of court..

    • PHONE FREAK

      And the thing is, MOST people never read their contract so they have NO IDEA what they are signing. Then they complain… Just bring them up to speed on what the signed their name on.

    • Sam

      … that part of the contract is invalid. this was settled in another suit a few years ago. the courts said that it was unenforcible because it infringed on the rights of due process and fair trial.

  • vinny

    TMO never cut him off which they could have done, they throttled his speed down, not bad, wonder what one of the other carriers would have done??? I think you would have been kicked off the network and sent one hell of a bill. I know TMO isn’t without problems but I have been a customer of the big carrier for a very long time before coming to TMO and have been very satisfied with their service. Thank You T-Mobile.

    • PHONE FREAK

      Fully Agreed.

  • beastly

    1. “Unlimited data” =/= “unlimited data at 3G speeds.”
    2. How in the world do you break 10 GB on a smartphone without breaking the terms of service?

    • j

      It is called tethering beastly, or a lot of youtube videos.

    • JaylanPHNX

      I also hear slingbox will hit you hard in the Gbs.

  • mikeeeee

    t-mo should let refund his last month’s bill and dump him.

    • PHONE FREAK

      That seems like a good idea

      • j

        WHY? Nothing was done wrong, he went over the cap and got throttled as was stated. He should have looked further into what he was getting.

  • john

    As if anyone else needed another reason to call California judges retarded.

    • Brian

      HAHAHAHAHA!!!!!!

  • pappu

    he is after the money …thats all !…or he a emissary of a rival carrier ;)

  • Patrick

    i don’t complain much. I tether a pretty good amount. Even home service companies will take action if you start to use ungodly amounts of bandwidth and on a cell service line, 10gb/month IS a lot.

    as stated…he was promised unlimited data, not unlimited data at a certain speed. and it’s actually not TOO hard to go over the limit(someone posted earlier how could u using it within TOS)….ever streamed 1080p video? or even 720 at a high bandwidth. Ever download an HD movie from a movie company because you got a free digital copy with your purchase? thats like 7gb of data right there lol.

    • Scott B

      I’m with you on most of this, but anyone who “…stream(s) 1080p video”, “720 at a high bandwidth”, or “download(s) an HD movie” over 3G is a techno-masochist.

      I tether a fair amount as well and even at faster speeds the latency and fluctuating QOS are no bueno for those type of tasks.

      • Patrick

        i agree…why are you doing this over 3g? if you’re doing that, chances are you have access to wifi no matter where you go. BUT….just cause it wouldn’t make sense, doesn’t mean someone wouldn’t do it. The TOS mention p2p…but never does it say anything about HD Video streaming. Just simply saying it’s possible….not that it’s sensible…just possible. And it all reality, if you’re on the road a lot tethering for business purposes even and your job requires you to stream videos, or you’re video conferencing, etc…you can get 10gb fairly easy

    • ps

      the problem with your example of 1080/720p video download/stream as well as digital download is that none of those things are capable on any of T-Mobile’s current lineup. This means that you are using your device as something other than was intended for Unlimited use (tethering) T-Mobile is selling you a data plan to be used on the handset, not as a modem. I will post this from T-Mobile’s T&Cs for everyone here to see.

      10. * Data Plans and Other Features. You will be charged for data usage on a pay per use basis unless you are required to maintain a data plan (“Data Plan”) as part of your Service, or as otherwise provided by your Rate Plan or prepaid data pass. Permissible and Prohibited Uses: Your Data Plan is intended for Web browsing, messaging, and similar activities on your Device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example, using your Device as a modem or tethering your Device to a personal computer or other hardware, are not permitted.

      taken from

      http://www.t-mobile.com/company/website/termsconditions.aspx?WT.z_unav=ftr__TC

      • Patrick

        Tethering is definitely included in the smartphone and blackberry data plans. You can even call customer care and get assistance setting it upon a windows mobile or blackberry handset.

  • Shadow

    as long as he still had unlimited date… (which he did) tmobile never lied… and he wasnt falsely mislead in any way… all they did was lower his speeds… which has nothing to with his data usage… clearly he was still getting unlimited data… just not as fast… so this lawsuit is crap… and im so tired of all these california douche bags getting all sue happy because they live in that broke @$$ state… i hope it gets washed out to see

    • Shadow

      oops meant sea

      • john

        Lol, it won’t make it to being washed away, china’s going to repo it.

    • ItsMichaelNotMike

      Obviously some people don’t understand the concept of how data works.

      If you think that throttling one down to 100k to 56k speed is still having “unlimited data,” well what’s to say except that T-Mobile would sure love you on the jury.

      Have you tried surfing the Net, looking at videos (even YouTube normal quality) or streaming video from any site, using EDGE (100k). It can’t be done.

      So throttling down to EDGE is the same as taking away a phone’s data feature. In other words, T-Mobile, like others, is not providing unlimited data, it’s capped and once you exceed it, T-Mobile turns off the service.

      If you think data still works at EDGE speeds, go ahead and try out YouTube. Or better yet, the HD2 comes with the ability to watch MOBITV and Blockbuster movies. Once exceeding this customer’s 5GB cap, go ahead and try to watch TV or a streamed movie (both services being heavily pushed by T-Mobile in ads and even with literature that’s included on various smartphones).

      • asudave

        What did we ever do on the internet before 3G came around? I didn’t have a 3G phone until about a year and a half ago and there are some people that still don’t have 3G in their area. Should they sue because they don’t have unlimited data?

        While streaming media and downloading large files becomes painful in EDGE speeds, it is still possible to access an unlimited amount of data. I’m in a 3G area and sometimes the traffic is so bad that its painful to stream media, etc even on 3G. Should I sue?

      • Davidohio

        Michael i have to disagree. I have streamed youtube videos on edge on my g1 when i first got it. Yeah the quality hp not great but it streams. Here and there it will buffer but then continue.

  • GregP

    Well, he’s not getting misled. He’s still getting unlimited usage, it’s just not coming as quickly.

  • PHONE FREAK

    I want to go up to this guy, slap him with the contract, and walk away.

  • If the language in the contract is not clear is should be clarified. If it does not stop you then there is no problem. The other carriers charge you after cap. We will have to see how this plays out.

  • BluHaze

    This happen to me also because I was using my data plan to tether and eleven days short of my new billing cycle I received a message stating my usage has reach it’s theshold and my speed will be reduce for the remaining billing cycle. I was also able to get 3g speeds every so often afterward “Don’t know how” but it was available. I was still able to get edge speed unlimited. I regret disconnecting my “Home” DSL thinking I would be able to use my phone to tether @ unlimited 3g speeds, I’m now reconnected with a “Home” DSL.

  • Well 56kbps is a horrible speed for a cap, really, it’s just atrocious.

    The only thing that capping speeds to 56kbps does is allow for other users to have more bandwidth, it doesn’t preserve the integrity of the network any more than no throttling. For the period that a mobile unit is transmitting the area of coverage is reduced for all nearby phones. In HSDPA mode, the unit is constantly transmitting.

    I think T-mobile is doing it wrong on two fronts. First, the cap should be no less than 384kbps. Secondly, there should be no cap per se, QoS should be used to prioritize users by how much data they have used.

    So if someone who has used 5GB and 50GB are downloading a file, the person who has used 5GB would fairly share by the natural limitations radio and tcp conditions bring about with other people who have used 5GB. If a person who has used 50GB butts in and starts downloading, they’ll get no less than 384kbps, but no more than leftover capacity.

    The rationale for this is that assuming cost per byte is flat, whether a person is downloading at 56kbps or 384kbps or 7.2Mbps, they’re still posing the same detrimental effects onto the network – a pecularity of CDMA networks in general. Therefore they should get all the leftover bandwidth when it’s free and not hurting other users.

    • sorandkairi

      my thoughts exactly……

      It doesnt cost Tmobile more to “let” a person use more than their “cap” nor does it truly hurt others unless there is some congestion on the network but, normally there isnt. For istance my wife has a smartphone that access data, about 1GB a month. Is it wrong for me to want to use part of her “data access” because I’ve went “over” the “cap”. No its not. I’m still paying for that service regardless and T-Mobile still has my money whether they allow it or not! Would it hurt the network to allow my overage because its not being used! The answer again is no!

      That said, I still think that the guy in question is just looking for money but… rent we all! If faced with the same situation to make a couple million dollars easy, how many of us would lower our integrity to make it happen? Are we truly that dedicated to Tmobile!?……

      NOPE, not a all! Hell T-Mobile cant even give us updates on our android phones
      fast enough! :) Where that Mytouch update to 2.2 huh huh?! LOL!

      • sorandkairi

        arent not rent

  • JoshL

    They should not advertise it as unlimited if it’s not truly unlimited, regardless of the small print.

    • j

      They never said was unlimited 3G all the time, features and plans clearly state a cap. I have looked over them and people read the title and nothing else. Sorry this guy is a loser

      • JoshL

        If I were to have a new plan that was stated to be unlimited, I would expect it to be completely unlimited (with no caps, slower speeds, etc). It’s false advertising, regardless of the small print. Misrepresentation of a product through advertising is against thee law; it is straight out deception. I would recommend all carriers to drop the term “unlimited” if it cannot be wholesomely upheld.

  • BigMan

    All this suit will do if settled is change wording for the data plans. Reps will have to read disclosures. Or, if they remove the throttle it will result in higher costs for data plans. So this one guy is just going to screw the rest of the customers, 99 percent of whom never get close to the cap.

  • Davidohio

    Look, this guy is an a hole. He hp still getting unlimited data but at a slower speed cuz he is a data hog! It takes an awful lot of usage to reach 10gb. Why should others on that cell site have to suffer with slower speeds because this idiot wants to surf the web on his device 24/7? Buyer beware. Read your contract, especially the part about data if you plan on using it as much as this moron. I hope he does not get a dime from t-mobile. I use my data a lot and don’t even come close to 4gb per month. anyway, that is my opinion on this subject.

  • mtnman

    I wonder what Lawer took on his case? After all, the lawer had to have read the T-Mobile contract before going ahead with it the lawsuit? And if this case is “Settled” out of court it basically only helps out his lawer who’s going to take is 35% cut right off the top before the guy sees anything. And then after the suit, part of the aggrement will probably be that he will no longer be a customer. So then he’ll have to go to anoter carrier. That being said the other carriers like AT$T will have a “Cap” and what’s he going to do there, sue them as well since he won’t read there contract as well?

    • bigk

      Who was Homer’s lawyer? Lonely Hutz?

      • bigk

        That was Lionel, dang predictive text

  • Mesowitty

    give me a break. I need 100mb. What Tmobile SHOULD do is offer a plan for around $15 for people like me that don’t use much, especially considering since they don’t even have 3g here in this area yet. I’m getting screwed, not the 10gb assclown

  • Steppy

    Yeesh… I was just informed by Magenta that, after 8+ months of using my Web2Go unlimited data plan ($10), I was being booted off the paln because of excessive data usage on my phone(N900). Said I was req’d to get a $30 Smartphone plan instead… Fanks fer the memries TMO, time to move on. Contract is up Nov… Oh Well.

    • John

      Boo hoo…got caught lying.

  • Wicked1

    I need to sue Time Warner too, they be throttling like a m*therf*cka. Its so annoying. I don’t come anywhere close to using 10GB a month on my cell, I’m sure I pass that on my laptop though. The bottom line is if I pay for something that’s unlimited, I want to use it with no limits. People say throttling is not cutting off, just slowing down speeds. When Time Warner throttles it cuts off my connection, where I have to restart my laptop to get it back. When it comes to data, its best to always go unlimited, I learned that when I was on AT&T a looong time ago, before they turned into Cingular & then back to AT&T. I had a capped plan w/ my Motorola V600 and went over it every month, ran that bill up. You could get everything free on that phone:games, ringtones, screensavers, etc.

    Company’s put so much double talk in these contracts these days, they shouldn’t mean anything. Just like T Mobile has that they can throttle at their discretion or whatever, in fine print. Customers should be able to leave a carrier/break a contract, at their discretion. If income flow changes and they can’t pay the high as cell bills like they did before, without paying an ETF.

    • j

      T-MOBILE throttles by setting lower speed, EDGE. They do not cut off at all, unless you don’t pay the bill of course. Some companies may cut off but not T-MOBILE

  • bubblegumpink

    Agree. We don’t get 3G and I don’t think wew ever will. But we have to pay the same as everyone else…

  • djdarkknight96

    I work for tmo and there has never been an issue with throttling before, now expect no more unlimited data plans….happy now asshole? Just kidding :-) I’ve never heard or seen anything talking about unlimited speed! Hell I’m in 1G and happy! Wifi is my friend! Dumb lawsuit!

  • Rhage

    Unfortunately, IMHO I would have to say that the case carries some merit. Consider 2 customers are using an identical device and in identical conditions, however one has been throttled and the other has not. If both customers were asked to complete an identical task that would require significant data transfer utilization, then the customer who has not been throttled would be at a clear advantage to complete the task sooner than the throttled customer. This could be the basis for a “limitation” argument, albeit weak, it might just enough to sway some judge.

    • pimpstrong

      There’s no merit to be had. You pay for unlimited web ACCESS not speed. And right under where it tells your exactly what unlimited web includes, it says in clear as day in fine print that WE MAY TEMPORARILY REDUCE DATA THROUGHPUT. Its all about the fact that there is nothing telling you how fast you will get your data. Your example is right in the fact that someone will feel like an a$$hole for using 10GB in one month and getting throttled. But that’s it.

      • ItsMichaelNotMike

        Everything you say is wrong. You should read the lawsuit before posting assumptions.

        The lawsuit alleges that the lead class Plaintiff bought two myTouch and a Nexus One. T-Mobile sold him unlimited data plans but did NOT in his contract or literature mention the 10GB (nor the later-imposed 5GB) cap on his unlimited data plans.

        The first he found out about the cap was when T-Mobile sent him a text message that his connection was reduced to EDGE.

        (And as the lawsuit says, reduced to EDGE speed renders the phone capable of being used ONLY as a phone, not the “rich data experience” T-Mobile advertised to him.)

        And it was T-Mobile’s new 5GB cap that is at issue in the case.

      • sorandkairi

        @ ItsMichaelNotMIke

        I completely agree! Thank you sir, for having actually sense!

      • john

        It does mention it, in the contract it states the cap, it also in section 5 I believe states the right to make changes that are not materially impacting, with the exception of overage, taxes, and gvt fees. Michael, you are normally someone I feel has common sense, hard to see you on the other side of the fence on this one.

  • bigk

    Would you have to prove damage was done by being capped? So the dude was not able to get high speed porn for the rest of the month, did he incur damages because of it? Just saying…

  • Trent you are an iddiot and you might have just messed it up for us teherers who like to use high bandwith, tmobile is probably gonna be on the ball the this limit thing now….drop the suit and next time read the fine print…btw trent goto another carrier and see how much happier you’re going to be with thier limita and prices.

  • dm9226

    I can’t speak to the lawsuit except to say that it sounds like we are perhaps limiting our service in the plaintiffs eyes. I will say what is the point of 40+ mbps with hspa++ if you can’t stream video? Sounds like we need to increase network capacity along with speed. Customers are going to expect that they can do the same things via their phones as they can at home.

    • pimpstrong

      Odds are tmo will do like sprint did and have limitless consumption on an hspa+ device and either keep the regular 3G phones at 10GB “unlimited” or lower it to 5GB. I don’t foresee any more price hikes or any limitations for hspa+ even at 42mbps.

  • SEFan

    Count me as one more who doesn’t see merit in this case. The guy hasn’t been capped, he’s just been slowed down after exceeding the 10 Gig level. He still got access, just not as quickly as before. If it’s in the contract I don’t see where he even HAS a case.

    That said, the issue is not going away. Landlines may still have big enough pipes to give everyone “unlimited” data, but I don’t see wireless networks ever having that capacity.

    • ItsMichaelNotMike

      Have you tried to use any of the below services (that T-Mobile advertises) with EDGE speeds? I assure you none of them work on 2G (EDGE). In fact, on EDGE the phone has not simply been “slowed down” on the below uses, it has become inoperable.

      And on caps, whether 5GB or 10GB:

      Do you know how much data watching four Blockbuster movies a month, say on the HD2, uses. (That is, Blockbuster streamed movies advertised by T-Mobile). Keep in mind that’s only one movie a week. Maybe to some that’s excessive, but if T-Mobile thinks it is, they should advertise that fact on a “truth in advertising” disclosure.

      Do you know how much data one uses watching two hours of MobiTV? (I do, it’s about 300MB.) Spread out that usage over 30 days and that’s about 30 minutes a week, which is not even seeing one TV episode.

      Do you know how much data one uses watching perhaps 30 YouTube videos in high quality mode? (While that may seem a lot, that’s watching one video a day.)

      Are you aware that T-Mobile advertises that with 3G one can “download large files?” (This begs the question, what is large and how often can one do that).

      Are you aware that T-Mobile lowered the data cap to 5GB?

      • bryan

        Mike,
        You are the one who is wrong. You have posted at least twice the the “new” data cap is 5 Gb, that is flat out wrong. Originally the policy was that speeds would be throttled begining at 5Gb, that policy got lots of press leading up to the G1 release when it was rumored to be 1Gb (that turned out to be false thankfully). The policy has since been updated so that data speeds are throttled begining at 10 Gb on smartphone plans (data cards are throttled at 5Gb). The data limit has only been raised not lowered.

        The bottom line is the the customer agrees to the terms of the contract and agrees to be bound by them weather or not they read them is up to them. You should read and legally binding agreement before you sign it, and if you dont do that then at least read them during your buyers remorse period (30 days in California, as required by state law).

  • Cassie

    Yep, definitely settling out of court because I guess I can see how it would be somewhat in the realm of false advertising even though it is in the contract, there’s still a fine line between a contractual agreement and what T-Mobile advertises. This is a sticky case though and I agree that this is a “stupid” lawsuit really. I mean what was this man doing?…tethering? I dunno I guess I could see if it said UNLIMITED 3G. That there would be downright wrong. Then again T-Mobile doesn’t guarantee service in your home, but if you look at the coverage map depending on where you live it may imply it, though the fine print below it states it doesn’t. You don’t see anyone suing for that do you? Just brainstorming this customers synopsis.

  • LuvTheAndroids

    Sales representatives cannot spoon-feed the entire contract to each and every customer. Sales representatives would be out of a job because the entire shift would be devoted to reading verbatim all of the t&c’s, the store’s return policy, and each phone’s features and benefits, and each rate plan’s features and benefits. There can only be so much hand-holding. It is the responsibility of the customer to read the entire t&c’s, because by signing the contract or using the services, the customer has accepted the t&c’s. I feel this lawsuit has no merit.

  • Hmm

    Tmo could solve it all in the future just by informing customers up front that after x amount of usage the speed will slow….

  • Jose

    Just another f’ing beaner who is probably in the country illegaly suing an American Company. I’m sure the 10GB was in the fine print and this idiot didn’t read it. I wish people would take responsibility for their actions instead of trying to blame someone when something goes wrong. If T-Mobile loses, it means higher rates for all of us on the lowest fee network. Everyone needs to look up this guy Trent Alvarez and find out some dirt on him, to help T-Mobile win this case.

    • sorandkairi

      Well…… you’re a racist little prick aren’t you. (I’m assuming that you are white)

      1st Tmobile isnt an American Company….

      u know what, f&ck it, i dont even have the time…… you’re just really stupid

      (i cant believe that he said that, like white people dont sue over stupid stuff all the time,)

  • TimmyT

    People need to have a little common sense when it comes to the data being provided by cell carriers. It’s not meant to be your main internet connection, that’s what home/office broadband is for. This guy’s pretty lucky that he gets 10Gb before throttling for only $30/month (or less if he’s grandfathered).

  • Frigadroid

    Each month I have been getting higher and soon could reach 10GB without tethering. I read a lot of news like from here to Bangkok Post and all over. I also watch and download videos that’s why I bought this Vibrant. I consider it my mobile entertainment center. I have suspected my speed was being throttled already with the way both the vibrant and my G1 bounce and hang back and forth from edge and 3G and never get the hspa+ that’s supposed to be up in my area. I still love ya Tmobile we been together since Powertell besides until LTE is fully implemented why would I even look at another carrier?

    • bryan

      Go it to your local t-mobile store, any rep an pull up your account and see if your data speed is being throttled.
      An area is announced as HSPA+ when half the towers are upgraded, so you might not always get an hspa+ connection.

  • tecjunkie

    I think it’s pretty unanimous that we all think it is unlimited.

    While I do agree it should be all little more upfront, I don’t think T-Mo is anywhere near the wrong here.

    I tether and once reached my 10GB marker. They should text you maybe at the 8GB instead of at the last minute.

    This case is going nowhere, at least I hope they don’t get anything from T-Mo for something like this.

  • Teddy

    I’ve used 14 Gb. of data on my HD2 before. While yes, T-Mobile slowed my speeds after 10 Gb., I kept using it. It truely is unlimited data. T-Mobile just slows your speeds, but they never cut off your data.

    This guy needs to calm the eff down and shove a contract up his ass for being sue-happy.

  • Mike

    The terms are the same as say Comcast’s terms…they reserve the right to manage their network. I wonder if this clown would like to go back to 56k dialup to download all his porn. It’s mobile internet access, not supposed to be the primary internet connection for your life so you can have your laptop hooked up to it 24/7. This is why people HATE lawyers, because of lawsuits like this.

    • mtnman

      All the lawer is doing is just making money for himself, not caring if the plantiff is in the right or wrong. He just see’s it as an payday for him since Tmo will settle out of court.

      I’ve never come even close to my 10GB max. And if I did, then I would’nt be cut off, just slowed down. At least I’d still be connected and not charged for it, unlike the other carriers.

      The guy just needs to be given a bottle and take a nap.

  • BrianAZ24

    How is it not unlimited. You can still get data through the connection at reduced speed?

    Maybe its the messed up industry standard for measuring bandwidth in two ways (Speed or Quantity, example you pay for a T1 all you can eat but no more than 1.54 mbps or if you’re in a data center you pay for 20 GB but as fast as you can go…)

    My interpretation of “Unlimited” is one or the other but not both…

  • Cool
    • Cool

      I meant topic not tops nd galaxy s is 12 % better

  • mikeeeee

    let’s see here.

    how many of you have larger sd cards than 8gb?

    how many of you have access to free WIFI?

    how many think a guy who uses more than 10gb on a cellphone needs to get a life or a laptop?

    i hate doing a hatchet job on a mental weakling but, c’mon now?

  • beastly

    I can’t really speak to the legal side of this, not being a lawyer, but I can speak to the fairness:

    1. Wireless companies *have* to manage the amount of data people transmit. If they didn’t, ever nerd with $30 a month, a tether app, and a P2P server would clog up his local routing equipment 24/7. The network *would* get congested, and the rest of us would miss out on the data speeds I know we all want. There are a couple of ways to manage this, but throttling is certainly preferable to charging overages.

    2. The terms clearly state that speeds can be reduced, but it would be nice if the plans were idiot-proofed with a little *sterisk after the word “unlimited.”

    3. While I don’t feel sorry for Mr. Alvarez, I do feel sorry for the folks in GPRS/EDGE-only areas (or with 2G phones) who are paying the same data rates as the rest of us. $30 a month just to get 2G access and email on a BlackBerry Pearl? Really? For this reason, I think some sort of metered approach to data would make more sense than the current mess of data plans. Why is it three times the cost to get email on a Pearl that it is to tether a Nokia Nuron at 3G speeds? If the point of throttling (and charging different data rates for different devices) is to charge for network usage and reduce congestion, then why not just charge for network usage right off the bat and cut out the middleman?

    Or maybe, just give free GPRS speeds to everyone, and charge a level rate for EDGE/3G use, allowing customers to set their own throttle point? That way your bill won’t have any unpleasant surprises, but you’ll still have data access when you need it.

    4. And yes, Comcast (and other ISPs) all throttle based on certain behaviors, including high data usage. I’m not sure they advertise “unlimited data” though.

  • mingkee

    The guy doesn’t understand that the internet resource is limited.
    10GB is good enough for mobility usage, even tethering.
    The 10GB softcap is already written on T&C so the guy has no chance to win.
    If he plan to use more than 10GB, he should add one more line.

  • jp

    It’s A-holes like this guy that will have TMO change to a tier data plan. What a douche. Stop trying to watch animal porn on your phone.

    • Wizzy

      Youre the a-hole. Animal porn? I bet you think you’re hilarious.

      • T-Mo Biggie

        He’s right. People like that idiot are just looking for a quick buck from a lawsuit or are completely stupid for not reading the contract. If T-Mobile feels exposed to more lawsuits, then they’re just going to change the plan for the rest of us for the worse. It’s always the idiots who ruin it.

      • echo313

        I bet I think he’s funny too. Friggin Douchenozzles that see if they can max out the 10GB data need to find a better hobby.

        Secondly, I agree that unlimited really needs to be unlimited. without throttling down the speeds after 10GB

      • JP

        What’s wrong? Did I touch on a sore spot? Is there something you wanna tell the forum members? Are you part of the lawsuit. You must be one of these douches.

        Listen. There’s really no good reason to eat up that much data, especially on a phone. And if your meaningless life revolves around your phone and watching what you don’t want everyone in here to know, RELAX….They’re not taking it away. It will just take about a minute longer…Or is a minute giving you too much credit?

    • Mike

      Look people. It’s called an unlimited data plan and that’s what t-mobile offers. They never advertised it as being unlimited 3G. The judge should throw this out.

      • jose

        smarter words have never been spoken key word is unlimited data but not at what speed

      • Tony

        They neither advertise it as 2g so its implied you can use 2g or 3g where its available.

  • What are people doing on their phones? I have an iphone on Tmo and I don’t even use 1gb of data a month, let alone 10gb.

    • ManoloDF

      Thats because you are running on edge. I have the same and I can see myself consuming alot more if I had 3g

  • chris

    10 gigs is not necessary anything nefarious. What if the customer did not have internet at their home. Or even a computer for that matter. Several app installs,web browsing and podcast downloads could easily come out to be a gig every 2 Or 3 days

    • RockTripod

      Which is not really what its intended for. I simply do not understand people using a cellular service as their primary web connection. While I do find that the more advanced phones do an excellent job making the web mobile, it is a far cry from a replacement for a cable/dsl/fiber-optic home ‘net connection.

      • gregs

        right. most likely the person was tethering to a computer – which also violates TMO’s T&C.

      • Testament

        um… They’re are times when It’s not possible to get Cable/DSL in your home/work , but have 3g coverage. The only way I can use the internet at work is on my cell phone.

      • sorandkairi

        @ Greg

        Ummm… tethering to a computer is allow through T-Mobile. They just do not endorse it as a service and as such, cannot charge you for it. Again yet another person spreading misinformation!

  • Good. The T-Mobile plan is not “unlimited” and should not be advertised as such. I have no problem paying for my current T-Mobile plan and it’s unstated limitations, but calling it “Unlimited” is, frankly, a lie.

    • matchesmalone

      Then, frankly, you sir do not know the meaning of “unlimited”. All of tmobiles data plans are unlimited, except for the pay per use. Again the issue is explaining on HOW the unlimited works. Everybody is sue happy.

      • Wizzy

        No, youre wrong. You have simply bought into the idea that the corporations are right in their ability to deceive by saying something is “unlimited.” They know they are trying to fool you, thats why this gets settled out of court. They know they are wrong to use it but will continue to do so until something is done about it.

      • Asparagus

        It’s unlimited, but after 10gb in one month you are goings to get slowed down…enjoy or go to 2 gb at&t and pay for every gig after…..

    • j

      How is it not unlimited? Do you lose service after the 10GB, NO! Can you still access the web via the device, YES! SO you have no argument! BYE NOW! Wizzy, you are just out to stick it to any big company. Sorry, but you need to read up on what unlimited is. It has nothing to do with speeds, it has to do with the ability to access data whenever where ever you have signal. Can you, YES!

    • erick

      Batmenschsch, do u not understand? Yes, the PLAN is unlimited. They’re not saying they’re going to charge you overage fees, this means that anyone violating the bandwidth usage will have their speeds lowered. As clearly stated in the terms & conditions. I’m sorry, but if YOU are too lazy to read what you’re signing then it’s your fault & no one else’s. that’s just plain dumb if u want to sit here & complain because YOU decided not to read what u signed. EVERY company does this. Well, except AT&T now with their tiered plans. This guy should be grateful that T-Mobile gave him a COURTESY message advising him of the consumption of bandwidth he is violating per the terms & conditons he decided not to read. And how can u expect a rep to tell u everything in the terms & conditons. How are they supposed to know you’re going to be using more than 10 gb per month? Are they also supposed to know you are travelling overseas & are going to be charged so much per minute? Do they know you’re going to to be going out of state where perhaps T-Mobile doesn’t have coverage? No. That’s your repsonsibility. Hello people. Have some common sense.

  • Roger

    I don’t understand whats the issue. They don’t stop you from getting data, they just take it down a notch. I’ve had it happen to me and I honestly didn’t see a noticeable deterioriation in data service. let him go to AT&T and VZ where they’ll cap you to 2GB and then charge you for it, or Sprint with just 5GB.

    • bleh

      you know the sprint cap is with only data cards and not smartphones?

  • Derrick

    This is stupid…if he is awarded anything more than a free month of service the legal system is a joke. if companies stop paying millions out because of service dissatisfaction people will stop suing. I mean really, why would you give somebody a million dollars because they didn’t read THEIR fine print?

    • ItsMichaelNotMike

      This is a class action, do you really think HE is going to get a million dollars.

      Don’t add unfounded drama to a simple legal fight.

      Remember, if it was not for lawsuits and class actions the U. S. would be a hazardous place to live in. You could look around where you are see many products you use that are the result of class actions forcing companies to make products safer. (Pet food, drugs, electrical appliances, and even cell phones.)

      You should read about the Ford Pinto case before echoing the conservative sentiment that class actions need to be eliminated.

      Quick summary: On a rear end collision there was the danger that the Pinto’s gas tank could push forward, strike a piece of metal (bolts on the differential), a spark created, the gas tank explode and kill the occupants.

      Ford engineers advised that placing a 25 cent cap over a bolt on the gas tank would prevent the spark. All totaled after the customer came in, about an $11 fix.

      Ford penciled it out and calculated it more profitable to not place the 25 cent cap on the protruding bolt and instead to let the occasional person die.

      They calculated that only so many people would learn the cause of the explosion (the bolt), out of those only so many people would get a lawyer, out of those with lawyers so many would settle for a low amount, and only rarely might a case get near trial and those could be settled if necessary.

      So yeah, you are right, I mean really, why give somebody a million dollars because of a 25 cent piece of plastic or $11 fix.

      I know… the Pinto case is different. But you don’t get to make those kinds of distinctions.

      Class actions serve an important function in society. Not only does it make products safe, but it keeps advertising honest. And it stops companies from ripping us off, a little here, a little there.

      In past phone bill cases each consumer got cheated out of $2. Not a big deal, for sure, and certainly nothing to sue about. The phone companies would agree with you.

      In fact, the phone companies love people like you. Why sue over $2. That’s why the legal system is a joke to people like you, right?

      Oh, and the phone company can be seen nodding its head in agreement as it pockets the $200 million it ripped off ($2 x 100 million customers).

      And how about Banks with the way they ripped off consumers with ATM overdraft fees. Last year banks made $63 billion off of consumers “bouncing” $2.50 Starbuck purchases.

      What do you propose, leaving the companies to rip each of us off, but just a little bit, or do you want to stop dishonest practices and force companies to treat us fairly.

      • john

        Banks charging overdraft fees is due to your own fiscal irresponsibility, don’t want to pay them, manage your $

      • Justin

        Are you serious? I have overdraft fee’s all the time; sometimes I really hate my bank for it. That still doesn’t give me the right to sue. It is my responsibility to make sure I have the available funds in my bank account before making my purchases. “I didn’t know,” and “woe is me” are not valid excuses.

        I guess everybody has to play the “VICTIM” card.

      • Bobert

        Are you SERIOUSLY comparing lawsuits regarding exploding cars to a douchbag who can’t read fine print?
        It is unlimited data and i don’t see a problem with throttling.

      • Bill Shy

        you make good points,pinto and excessive bank fees,in Mn i go to court on parking tickets because Pawlenty assigns excessive fees to tickets rather than raise taxes and not have a chance to be president

      • RockTripod

        No, America is being overtaken by lawyers, bureaucrats, and corrupt politicians. Somehow, they all go hand-in-hand. T-Mo is not ripping anyone off, they aren’t allowing someone to single-handedly abuse their network. They are not denying him service, they are slowing the speeds. He is not their only customer. You do not understand the technology behind this stuff, do you? There is only so much bandwidth to go around. Bandwidth, and that alone, is the only thing that isn’t unlimited here. They have a responsibility to every other customer to keep things fair. Its not like T-Mo is holding on to the data, twiddling its moustache, laughing “Mwahhaha!! The dataz are minez!!”
        Frankly, the legal system is a joke. Your entire argument for this class action lawsuit is absurd. Again, this company is not ripping anyone off. Would you be upset if someone in your neighborhood was drawing so much electricity that it was affecting your home’s power? Wouldn’t you want the power company to do something? Yes, you can argue that power is charged on a per unit basis, but is that how you’d really want to pay for cellular data? I know I wouldn’t. I’d rather keep a 10 gig SOFT cap any day.

  • asudave

    The data plan is exactly unlimited data. You have access to an unlimited amount of data, but they don’t guarentee you unlimited speed. In fact, the explicitly state that the speed may be reduced in certain circumstances.

    Does that mean I can sue them due to not having 3G speeds in parts of my commuting area or that the network traffic is so busy at certain times of the day that speed is reduced? Of course not! That would be as ridiculous as this lawsuit.

    Unfortunately, T-Mobile is probably not going to want to spend the money to take this to court and will settle, which will result in T-Mobile joining the other carriers and going to a tiered, limited data service.

    • 2FR35H

      but what I believe you are failing to see is that by throttling data speeds they are essentially controlling how much data you can use. Hence not actually being unlimited. it may be unlimited data but with throttling speeds it can make the data actually limited.

      • Nick

        If you can’t see how bad your argument is, I feel for you.

        Tell you what, I’m going to sue because even though they don’t throttle my 3G at all, I am unable to use 100 Terabytes of data. Since I have been unable to use 100 TB even with full 3G speed 24/7 for a whole month, it is clearly limited, so how can I lose??

      • j

        NO 2fr35h, there are not, what they are doing is putting people who use excessive amounts of data to a slower speed so other can enjoy the high speed network. This does not limit how much data you can access, it just slows down how fast you access it. You still get all the dta you want, you just have to wait a little longer

  • Deke218

    @Batmensch: T-Mobiles plan is unlimited. At no time are you charged extra if you go over a certain amount. At no time is you service stopped. You can download as much as you want as long as you want. How is that no unlimited? At no point were you or anyone [but me] offered unlimited blazing fast connection speed.

    • When I signed up for my unlimited plan, I did not physically sign a contact which means that there was no fine print, only what the representative told me over the phine. Since I signed up for an unlimited data plan for my myTouch “3G” Slide, I expect that I have unlimited 3G use. The name of my phone, combined with the name of my data plan and lack of fine print that everyone keeps referring to, I expect no throttling of data. And for the record, I easily go over 10GB of data because I’m a heavy user. I don’t tether. The problem is that phone companies opened their big mouths and said unlimited before these powerful devices came out. It’s pretty easy to go over 10GB with a device like an EVO (I know it’s on Sprint) or a Vibrant with their giant screens which begs for streaming movies. So now cell providers are stuck eating their words. To recap, 3G phone, unlimited data, no fine print souls equal no throttling. Besides, 10GB is a joke. It’s 2010. I pay almost as much for data on my phone as I do my cable. It’s not like T-Mobile is giving me anything for free. When I was using only 50MB a month on my Dash, T-Mobile didn’t refund me money our tell me to buy a lesser plan. It goes both ways here. Data needs are only going to go up, not down. Phone companies will need to adjust, not users.

      • john

        You didn’t sign, but I bet within the convo, they either mentioned a subsequent mailing of the agreement you were signing up for…or said, “If you have any questions about the agreement you have just entered into, feel free to view the terms and conditions page at t-mobile.com, there is a bright blue link at the bottom of the page” or something to that tune….again, wrong for not reading your agreement.

      • YourNotAsSmartAsYouThinkYouAre

        Dont act like you didnt receive a copy of the T&Cs of service and if you didnt agree with them you had 14 days to cancel and return the equipment which im assuming you were not smart enough to read.

      • @John and @YouAreNotAsSmart… I NEVER received a copy if the T&C nor was I told where I can find them. Simple as that. I talked to a rep for about 10 minutes and my phone was shipped. All I agreed to was a two year contract and was told I was getting an unlimited data plan. Like I said, data is only going to go up. Sooner than later, people are going to need 100GB/month standard. Throttling is not the answer.

      • RockTripod

        It most certainly is the answer until that staggering amount of data processing is cheap. 100gigs/month? Really? That’s what you’re going with? We’re looking at 10+ years out before that’s even conceivable on a normal basis. What are you downloading? The entire internet? Try doing that with today’s cellular tech.

  • hani

    Unlimited has to be unlimited. If there is a cap at some level, State it Xclusively. Not in small letters in some corner of Contract document.
    Make is as much obvious as you can. That is fair business leaving No scope for any sort of Amiguity for customers.

    • John

      Read section 10 of your terms and conditions, available at t-mobile.com, not small letters, a whole friggin section about data and throttling. Research.

      • ItsMichaelNotMike

        John, noted. But look at the lawsuit, that I just posted. It has exhibits that explain it better than the fine print.

  • 10 GB can happen. I used to tether my laptop and stream all sorts of movies and sports, download software, play MMORPGs. Lots of data intensive stuff. If I had HSPA+ at home I’d prob use the froyo tethering since the speeds would be higher than my DSL.

    • RockTripod

      And you would get throttled. Again, not what its intended for.

      • Testament

        Then what’s the point of having HSPA+. Believe it or not, some people use more than just a browser on their phone.

      • ps

        well believe it or not Testament, T-Mobile does not allow tethering.

        10. * Data Plans and Other Features. You will be charged for data usage on a pay per use basis unless you are required to maintain a data plan (“Data Plan”) as part of your Service, or as otherwise provided by your Rate Plan or prepaid data pass. Permissible and Prohibited Uses: Your Data Plan is intended for Web browsing, messaging, and similar activities on your Device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example, using your Device as a modem or tethering your Device to a personal computer or other hardware, are not permitted.

      • RockTripod

        Thank you ps!!

        This lawsuit is frivolous at best. T-Mo is still offering unlimited data, they’re just not going to let a single user hijack that much bandwidth. If you simply HAVE to play World of Dorkcraft, do everyone else on the network a favor and spring for a home internet connection.

      • Testament

        @ ps

        Even if you don’t tether (my internet too unstable to tether anyway)there are a lot you can do on the internet to eat up bandwidth. I Mainly stream content Like AM radio shows, (Which won’t work anywhere around three phase power) Pod Casts, Ustream. etc. Before the 7.2 upgrade I advantage around 4.93GBs a month without tethering. (that’s when 3g was stable)

        Do I like that this guy is sueing… No. Do I thing he has a case… Yes. For Techies like us, we know there’s a cap (some might not know it’s not 10gb though) but the average Joe Smo see the ads on TV about streaming blockbuster movies on his phone, he won’t know about the cap. As soon as one of them hit the cap they’re going to think they’re service is down. causing all kinds of issues. I get the whole read the fine print but who here has read every ULNA or T&C before accepting it?

        And before the Na Nanny Na Na crowd say it’s is unlimited by definition it’s not unlimited, even without a cap.

        un·lim·it·ed
        –adjective
        1.
        not limited; unrestricted; unconfined: unlimited trade.
        2.
        boundless; infinite; vast: the unlimited skies.
        3.
        without any qualification or exception; unconditional.

        Changing the speed due to anything is a restriction. To solve this just don’t call it unlimited.

  • Mike

    when a company offers unlimited internet/data a customer should expect unlimited internet/data at the same speed . Verizon did the same thing as t-mobile and got sued and Comcast got to for having a 250GB cap and reducing speeds on p2p and etc when they see fit so don’t advertise unlimited anything with small printed catches without paying the piper

    • Justin

      I have 3G where I live, but my friend has HSPA+ where he lives. He pays the same price for unlimited data as I do, but sees much faster speeds. What about subscribers in non-3G covered areas. At no point did I ever sign up for an unlimited guaranteed data speed service. I guess I should sue because of this unfair advantage in data speeds… preposterous.

    • RockTripod

      Which is also totally crap. In essence, what you are saying is that you want to be charged on a per unit basis for your data? Really think that one through.

  • ItsMichaelNotMike

    Here’s the Complaint. Read it to have a better understanding of the issues.

    Bonus comment: If the claims were meritless, this law firm would not have taken the case.

    http://litigationuniverse.com/Class_v_T-Mobile.pdf

    • DAni3l

      Whoa, who wrote these papers? one thing I saw that makes them idiots is, they put mbps = megabytes per sec. WRONG!!!!! Its megabits per sec.!!

  • ItsMichaelNotMike

    People should read the lawsuit before shooting this guy and throwing him in a ditch. You all are so quick to judge without knowing squat about the issues except the sound bites you read and how your gut feels.

    The bottom line is that T-Mobile (as well as others) should stop advertising unlimited data plans. Why? Because there’s no such thing.

    And it’s deceptive advertising to say all over the TV, Net and via salespeople that a plan is unlimited and then to say “gotcha” with the fine print.

    But the gotcha fine print does not matter in this case because saying a data plan is unlimited is still inconsistent with what the contract provides.

    Way back car manufacturers used to call bumper to bumper warranties “unlimited 36 month, 36,000 mile warranty.” But in fact there were limitations.

    Eventually Congress outlawed the practice of any manufacturer saying a warranty was unlimited unless it truly was, a guarantee without any limitations whatsoever. That’s why all you see nowadays is “Limited Warranty” cards, for example.

    I always thought it was odd for carriers to call their data plans “unlimited” when there were SECRET 10GB and 5GB caps. I thought it wrong to throttle one down to EDGE and argue there’s no problem with that because a user is still getting unlimited data at those speeds. This is hypocritical because in fact data at EDGE speeds renders the phone’s “PC” functions inoperable.

    The concept is not hard to understand if you use an example other than your phone. Let’s consider your car.

    Assume when you bought your car the manufacturer and salesman told you the car can go faster than any U.S. posted speed limit and travel as far as you want.

    They don’t tell you that if you drive for more than 400 miles on a single trip the car will overheat and the engine will fail.

    To prevent the engine from seizing the manufacturer secretly installs a governor that at the 401 mile mark will slow down the car so that it cannot travel more than 5 mph, and you will suffer that limitation until you put 500 miles on the odometer.

    I suspect that if you were on the road in the middle of the desert with 200 miles to go on your trip and 100 miles to get out of the desert, you be quite angry at the car manufacturer and salesman.

    Bottom Line: T-Mobile should simply stop calling its data plans “unlimited.” To be sure, T-Mobile will probably use this lawsuit as the excuse for it doing away with unlimited data plans, something it had on its To-Do list anyway.

    By the way, all the carriers want to move to tiered data plans so they can (1) set limits artificially low; and (2) make billions on data overage charges, like the fond old days when they made billions on talk overage charges.

    • Sikety

      Michael, you are a douche.

      • ItsMichaelNotMike

        Careful, the space aliens monitor the Net.

        Word has it when they arrive the first people they will evaporate are the morons (aka people who are useless to them).

      • Davidohio

        Super bonus comment: Michael is allowed to have his say. He does make some good points.

      • RockTripod

        Michael, you do have some good points, but it all comes back to this: It IS unlimited. Just not unlimited full speed. I have been selling T-Mo for 5 years, and have never ever met a customer who had their data throttled back. This is an example of a few users ruining it for the rest of us.

        Do NOT expect a cellular data service to replace your home web connection. That’s silly with the current state of the technology. Even if a single cell site can pump out 7.2 mbps (soon to be 21), doesn’t mean that cell site exists for a sole user, or that the backhaul system was designed to allow some chode to download movies and play MMO’s. And why exactly is this guy suing? What exactly were his damages?

    • john

      Just one question then, when did he no longer have ANY access to data? What’s that, it never stopped working? Hmmmm…the word of the day is frivilous.

      • ItsMichaelNotMike

        Read the lawsuit, when at EDGE you don’t have the same functionality as at 3G. Yeah, technically EDGE is a data connection, but you are not going to be doing anything that T-Mobile advertises you can do with 3G.

        EDGE is = to no connection at all if you can’t use it for its intended purpose.

      • wGtm

        dude i have nothing but edge with my HD2, since some of us don’t live in big cities, I can access the web just fine just gotta be extra patient :)

      • ItsMichaelNotMike

        Be EXTRA patient…. LOL, how much longer is that than just “patient.”

        I have not seen that in carrier ads for data. Regrets for your living “on the EDGE”… “dude.”

      • wGtm

        wow, u r douche

    • James L

      “Bottom Line: T-Mobile should simply stop calling its data plans “unlimited.” To be sure, T-Mobile will probably use this lawsuit as the excuse for it doing away with unlimited data plans, something it had on its To-Do list anyway.

      By the way, all the carriers want to move to tiered data plans so they can (1) set limits artificially low; and (2) make billions on data overage charges, like the fond old days when they made billions on talk overage charges.”

      if people wouldn’t try to work the system and use their phone’s internet for their freakin pc this wouldn’t be a problem.

      • ItsMichaelNotMike

        James, that’s a good point, but T-Mobile should also stop advertising that one can use their smartphones as PCs. Right?

        Do you see the contradiction. All over the airwaves, cable TV, print and the Net you see carriers advertising what smartphones can do basically anything a PC can do. While away from their PCs they can surf the Net, look at YouTube videos, stream movies, download music, shoot videos and upload them instantly to YouTube, hang out on Facebook (and even upload high def pics and movies on to Facebook), etc.

        Are you saying that people should listen or see those ads, buy a smartphone based on all the fun stuff one can do, then after they get the phone simply not use it, because as you say, they should not be using their phones AS ADVERTISED? ;)

        Don’t blame the consumer for using smartphones exactly as carriers say they should, like a PC.

      • j

        James and ItsMichaelnotmike, you both need to step back and take a look at reality, T-Mobile has never said to use your phone as your PC, it states you can access web/email like on your PC. Why should any carrier allow user to overload its network watching movies and hogging the bandwidth from other customers?? This is EXACTLY what PC’s are for, NOT CELLPHONES! This IDIOT in CA should be made an example of. He should be brought into court and laughed out of the building for wasting everyones time. It no where states he will always have 3G speeds. It also clearly states he can and will be throttled if goes over 10GB. There is no case here. EDGE is a data network, yes it is slower and equivalent to dialup, but it still allows data access. The throughput is totally irrelevant!!

  • Dee

    LOL!

    I just opened:

    One brief look at the Dell Mobile product Flash site, and it’s 20MB of data transfered.
    One 3 min tube video (only 360p) results in 26MB more.

    Doing just 2 BORING THINGS in 5 MINUTES (product specifications & one music video) each day for a month results in 46MB * 30 = 1.38GB!! worth of data alone.

    And we HAVEN’T EVEN STARTED doing anything fun yet! No torrents, no downloads, no streaming music 24/7 or radio, live TV, etc.

    Those out there who don’t break 10GB/month really AREN’T doing anything at all (or alive =P) – which only leads to one point – why paying for data on your plan at all?! Just don’t use it and save the $.

    ——-

    Point is, if a company is gonna open up the Internet the way they toot their smartphones on commericals, do it like Sprint! Unlimited = Unlimited! Watch all the live TV you want and all! Bandwidth throttling is ok if they encounter an unusual network issue, but if it’s on all the time, it’s a bigger sign their networks haven’t been built up as needed yet. Time to switch! They should otherwise limit based on $ paid for data desired. $ for a few GB, $$ for unlimited, if not one plan like Sprint.

    (http://www.howardforums.com/showthread.php/1636649-Sprint-data-cap-for-data-use-through-smartphone./page2
    Nobody here in the Sprint forum seems to have the problem TMo users do…)

    Otherwise, what is the point?? Not listening to what the CUSTOMERS want and want to pay for? I want unlimited = you give me a price to pay that will cover your costs for connecting me 24/7.

    • j

      Dee, How about they just charge for everything over 10GB at $1 per MB like when roaming outside the US?? Why would you use cellphone data plans for your main internet? Get a wifi router and DSL/cable!!

  • mike

    the plan is truely unlimited, just the data speeds slow down after the 10gb cap..you can still do whatever u want, just going to be slower intill the billing cycle starts over.

    • Wilma Flintstone

      You can? Please let me in on your secret to streaming online media smoothly over edge speeds. :)

      • ItsMichaelNotMike

        That’s right Wilma.

        When I was using MobiTV in my condo, parts of the house I had EDGE, by the windows I’d get 3G.

        When I went to an EDGE “section” MobiTV would stop working.

        Oh wait, I misspoke. With EDGE I’d get a video in the form of snapshots (about 10) then the program would crash.

        So I guess technically those 10 snapshots meant I got an EDGE data connection. :)

        Oh, lest people say that was a fluke, the above happened with YouTube videos and MobiTV over about 45 days.

      • Wilma Flintstone

        True Michael. I’ve done tests like that also like when I’m inside my house, I get very low 3G/edge speeds but when I step outside, within 10 seconds, the speed jumps to decent to high 3G.

        Also, Most websites now require you to have a 3G connection to even access them so a cut in speed if it was from 3G to edge-like speeds means that you can’t do whatever you want anymore.

      • j

        Why are people streaming anything on a cell phone?? I for one, have never understood why people wanna watch youtube videos on their phone over the web! Dialup is slow enough when streaming so what makes you think a cell phone will be better!! 3G still buffers and can be choppy, so just stream on your PC as any intelligent person would!

      • Testament

        @ J are you serious!?! you can’t be that stupid dude. You do realize PC arn’t everywhere right? (that’s why people buy smartphones over regualr phones) You can’t understand why people stream audio/video? Some of us like to watch videos with others, listen to radios where the normal signnal won’t reach, actualy having fun with your smartphone, etc. Almost no body will buy a smart phone just for email and very light web surffing, (again there’s other phones that don’t force them to have a 30 dolars data plan that will let them email and web surf)Streaming audio/video does not break t&c. (T-Mobile has advertised streaming in their ads) Please read the T&C before you say something even more stupid.

      • hineschr

        lol you can barely stream audio alone over edge. Slacker freezes enough as it is in 3G. Edge is useless for smartphones

    • sorandkairi

      @ J

      Because I’m can’t/wont do it at work!

      • j

        Testament & Sorandkairi – Yes I am serious and then if you can’t do it at work on your PC and do on the phone are you really going to go over 10GB??? Doubtful. Yes they advertise streaming, that is not what I said! I said it was stated you can do things like on your PC NOT instead of your PC!! If people only read and understood what they are reading!!

  • Theundying1

    i wouldn’t download anything above 15 mb over 3g, unless on youtube (if that counts)
    i just feel like it would take too much time, my home internet is faster anyway

  • Its not the fact that people are looking at “animal porn”, its the fact that tmobile is selling an “unlimited plan” when really you only get 10 Gigs, which is fine for most people… Tmobile should just sell it as a 10 Gig plan.. 2 Gig…

  • mtnman

    So basically what this guy and others wanted to do was use there phone as a full time PC. Down load all the movies, music, games and any other thing they could think of and then when it was taking them forever to do it after they reached thier limit, they was dropped to EDGE speeds (not cut off, or charged more, just droped in speed). And this gets into a sticky situation, at what point dose “Unlimited” mean?

    Dose it mean that you can cancell your internet service and use your phone as your main internet service provider, or dose it mean that your “Phone” is truly that, a phone that connects to the web and has other features as well.

    I belive it’s everyones fault. After all comming up this fall we’re talking about a “phone” that has a dual-core processor. Now is it a phone or a computer that just happens to be able to make calls?

    Also it’s the manufactures that are really pushing the limits of what a smartphone is. Everyone here is practically drooling over the “Project Emerald” phone coming out. And when it dose, how much time will you spend making calls compaired to using the web? I bet the latter.

    In my opinion what needs to happen is that all carriers need to at least say out front in thier ads how fast there network is, but to at least tell the consumer about the limitations to it as well. But that’s not good marketing. They’ll just put a disclamier at the bottom of the screen saying “Details” either in-store, online or call for more. Then they’ll have to disclose the information.

    Let’s just face the facts, in a few years or decades, communications as we all know it will be completly different. I for one can’t wait to be the first one to make a sup-space communications call to Zargon. lol

  • your name here

    I can tell you most likely this guy is tethering his phone point blank. This is something that is against the terms and conditions of his T-mobile agreement. I use home web and stream videos and other things and use above 10gb but on a phone highly unlikely.

  • derrickps3

    wow, thats sucks, good luck tmo

  • da9th_one

    i don’t have home internet but being tethered to my laptop works fine for me…i love it…why pay for internet at home when i have it via my tp2…i download movies n such and it goes pretty fast imo…

    sue their asses dude…NET NEUTRALITY BITCHES…!!!

    • Awsnap

      You apparently have no idea what net neutrality really means.

  • James L

    i love all the people crying over this and defending this case. it’s ridiculous. if you want unlimited internet to download all the media you want get cable/dsl for home. crap like this is what makes wireless providers switch to tiered plans. people abusing their PHONE’S internet access by tethering their computer to it and download crap.

  • Jimbo

    It is unlimited people its not a lie we may cap at 10gb and slow speeds down in most cases its 3g to edge. He can still use it its unlimited people need to quit bitchen. And moanin

  • KeaWai

    I think there is a huge different between class action lawsuits in regards to a Ford Pinto that KILLS passengers of the car due to a certain way the car is hit in an accident…

    versus…

    A guy who is sueing probably in the wake of the Verizon settlement looking for money. I cannot imagine anyone I know even extreme phone users getting that upset about data not even getting shut off but simply being “throttled”. Unlimited is still allowed usage on EDGE or 3G…if it didn’t get shut off I don’t understand the argument besides needing about a cool million.

  • TonyJohns

    People the plans are UNLIMITED! After 10gb they slow down the connection, but guess what!? You still get a connection, thus you are still getting data, even if it is at slower speeds. So yes it is UNLIMITED! There is no false advertising.

    And last time I check, all of this in in the contract, so it’s not T-Mobile fault you don’t read a contract before you sign it. Mr. Frivolous lawsuit could have moved on to another carrier if he didn’t agree with the terms and conditions.

    Another frivolous lawsuit which I’m sure will push T-Mobile to tiered pricing.

  • Eric

    It’s not like he was refused data service. He was still able to access the internet, just a bit slower, it is still unlimited. If he wants, T-Mobile can do what other carriers are doing and only allow a small amount then charge him for the overage. He should be happy he was able to use more than 10GB without being charged anything additional for it.

  • Justin

    Exactly how much hand-holding needs to take place here? Next thing you know, buying cell phone service and features will require a spoken disclaimer like OTC, and prescription drug commercials do today. Maybe the contracts including all fine print could be spoken verbatim or converted to book on tape.

  • watbetch

    T-Mobile is completely in the right here. He has unlimited data regardless of what speed he can access the internet at.

    Everyone has to pay the data rate plan costs. Even if you only have access to EDGE or GPRS.

  • zomgzombies

    Silly Californians.

  • Enzeru

    Oh great…. it’s in California… One of the best known states for sue-happy people.

  • Rilesman

    The INTENT of the comment from T-Mobile about unlimited is to give the IMPRESSION of unlimited amounts of data, speed of data, and content.

    To say this is a bad thing to do is ridiculous as T-Mobile is selling one product but really providing another. For those that say read the fine print are really asking to be totally screwed over on a daily basis.

    Simple solution…don’t call it unlimited.

    In fact, to hear those supporting the practice of calling it unlimited but saying it is still connected…..I am suppose to be a better person….but I kind of hope your home broadband reduces to and stays at 24.4 kbs since your provider advertises a speed but doesn’t have to guarantee any speed…and therefore, you are still connected. Read the find print. Enjoy.

    • TonyJohns

      Simple solution…read the terms and condition. People like this man need to be a grown up and take responsibility.

      “INTENT” and “IMPRESSION” don’t mean anything. It’s in clear black and white on how T-Mobile handles data.

      Another simple solution…don’t enter into the agreement if you don’t agree on how T-Mobile handles data.

    • j

      No rilesman it is not. If you read the full info on the feature it clearly states you will get throtled in certain cases

  • irishsaint

    I am sorry but how is it not unlimited? My understanding of the this data service is that i slows a 10 gb not a cap. So if the amount of data you can get is not limited just the speed at which you get it, how is that not unlimited.

    Cell phones, right now, are not meant to be your soul source of internet access if they were there would be no cap. To my knowledge every other company has a cap at 5 gb and this guy is complaining about a throttle that is double that and is never capped.

  • Myg1

    Lawsuit is just simply retarded…unlimited means you won’t get charged if extra at all..so your saying if before tmobile has 3g..it would have been fine? This is bogus..no where it says unlimited 3g speed..it makes me laugh!

  • mtnman

    When you buy anything at all it is your responsibilty to read the contract. If you buy a house, car, get a loan, whatever. The reps can make the pitch on how great it is, but it is up to the individual to read it before signing it. Contracts are written by lawers and are so long due to the fact that everyone says that it wasn’t spelled out to them, they didn’t know. Well now that everything is disclosed and laid out in front of them it’s like a mile long and people are like whatever and just sign it. Then when something happens they always come back and say it wasn’t explained to them.

  • George

    @ItsMichaelNotMike

    “James, that’s a good point, but T-Mobile should also stop advertising that one can use their smartphones as PCs. Right?”

    He’s not running up a 10GB monthly tab by using his phone as a PC, he’s doing it by using it as a modem. If you want to show us all an ad where T-mobile advertises its phones to be used as modems, then please share. Otherwise, stop arguing the inarguable: “Unlimited” doesn’t mean “Unlimited in perfect condition, without end”. It means “Unlimited access to data”. This jerkoff clogging the court system is tweaked because he abused the system (as well as the ToC of his contract) and was thus bitchslapped for being such an obvious douchebag. He deserves to be sentenced by the court to be restricted to using only an analog bag phone for a year.

    • j

      Where do they do that, please provide proof of this. I have only seen then say you an access your email on the device or access the web like a PC NOT INSTEAD of your PC!

    • Justin

      I would also love to see proof of this advertisement. Accessing web like a PC only means that the information is brought to you in a format like what you see on your PC, and not the condensed format such as those from the bygone era of dumb phones. I.E. The full web. But wait, theres more. Most smartphones can’t display flash content in their browsers. I can see that on my PC, so that must be false and misleading advertisement as well.

  • rolo

    This is so simple. I’m not being biased because I am a tmo sales rep but dam some customers are stupid. I agree it may be “Misleading”… Yes misleading in the fact that it doesn’t say it will slow down after 10GB. But there is no limit. so when you hit that 10gb you can still use the internet it just goes hella slow…… now thats called “unlimited”. Unlimited = no limit = tmo web.

    I hope I broke that down simply enough. I feel like im at work someone throw me a commission check

  • Shawn

    IF, AND THIS IS A HUGE IF, if he actually used 10gb on his phone, and solely his phone only, and he did not tether or use his phone as a modem, then he has a right to unlimted access without lowered speeds. It is advertised as unlimited and it SHOULD BE!

    However, if this guy used his phone to tether/modem…then he is an asshole, and is ruining it for everyone else. Jerks who tether and abuse lead companies like t-mobile to turn to tiered pricing.

    We have a right to unlimited data on our phones, but NO RIGHT to abuse that with thether!

    • George

      “IF, AND THIS IS A HUGE IF, if he actually used 10gb on his phone, and solely his phone only, and he did not tether or use his phone as a modem, then he has a right to unlimted access without lowered speeds. It is advertised as unlimited and it SHOULD BE!”

      No, he doesn’t. He has absolutely no “right” to unlimted data *without lowered speeds*. That is simply not true. He can still access websites and email through EDGE speeds–plenty of customers have non-3G phones and access internet content. And this is AFTER buring through 10 gb of content, which is something a tiny minority of customers will do. But there is no “right”, expressed or implied, to unlimited internet speeds.

      Pretending otherwise gives rise to the notion that we are a nation of spoiled babies.

      • shawn

        you sound like a spoiled baby. my point was that idiot was obviously tethering, you can’t get 10gb on your phone unless you are doing something crazy like that

        otherwise you paid for unlimited internet thats widely advertised as 3g, a good lawyer could prove this. you dont see t-mobile or any other company advertising unlimited internet at 3g and 4g oh but wait unless you hit our data cap then we bump you down to edge unlimted, do the commercials say this?

        don’t ever be an attorney please

  • phxgoose

    As someone who works in the wireless industry I must say unless you are constantly streaming video you should be hard pressed to reach the 5 or 10 gb limits listed here. I think this guy was tethering and thus he is breaking the terms and conditions for data plans. Att changed their data plans to 200mb and 2 gb, forgive the slightly incorrect terms, because only 2%b oif their users went over 2 gb of data due to most phones expecially blackberry’s actually compress data so you use far less than you would if you were doing the same thing on a regular pc. He has some ground to stand on, but law suites like this only hurt the rest of us consumers who use the phones for what they are meant to be an extra outlet to the media not our primary outlet. Back to our old school sayings one bad apple ruins it for the rest of us.

    • shawn

      totally agree, but with that said, 30 bucks for data per phone line is crazy. some people don’t even pay that for home internet. cell phone plans are the only thing that have gone up in price with competition with less minutes.

      cell phone plans get more expensive instead of getting cheaper. 10 yrs ago, I woulda thought in 2010 you would have 10,000 mins for 20 bucks, boy was I wrong. I should have kept my old 10 yr old plans, much cheaper than todays plans.

  • Frigadroid

    I’m glad I found out about this before I signed up for mobi tv. Heck I just bought a super fast high tech smart phone with 16 GB internal memory. I wanted to download all my favorite videos and stream them to my tv since I thought my plan was unlimited 3g where available data. Now I am worried about reaching the cap and being lost somewhere in the getto and the gps navigation wont help at snail speed because I have reached the throttle limit. Oh yeah gps isn’t working properly anyhow. Lol bottom line if I payed for the phone and data I should be allowed to use it as I please ask mr president for life steve jobs how his last lawsuit turned out. Regardless of fine print advertising shouldn’t be misleading

    • Ural

      Having streamed up to 13gb on tmobile I can state the following. They will let you do it once on a while. But the following month your bandwidth is capped 56kbps enough for email our text messaging.

      To get up there in the 10gb range, you are using large files live video, movies or data backup over the internet. Or using your device as a hot spot.

      Th mobile has the best speeds the most bandwidth of the cellphone companies. Only clearwire offers more bandwidth, but tmobile is more reliable. In fact tmobile could make a killing if it provided wireless isp services. Clearwire 4G network is useless when it rains.

      The only flaw T Mobile has is that it spends too much money on useless phones (HDII, garminphone, win7 devices) that is their Achilles heel.

      The fool in California should lose his pants, cause tmobile clearly does specify in the contact that they will cap you after for 5gb.

  • Jon

    Good on him. T-Mobile’s ‘Unlimited’ internet plan is the same cost as Verizon’s (which is truly unlimited, with no caps or throttling).

    I’m in the same boat as you, Frigadroid. I’m about to return my Vibrant and jump to Verizon. The GPS and Compass are totally busted. And so much for MobiTV with the cap.

    • j

      Jon & frigadroid, WAH WAH WAH, thats all I hear, I cant watch TV on my phone! ITS A PHONE FOR PETE’S SAKE!! YOU WATCH TV ON A TV!!! GPS and compass are fine on mine, do you know how to operate them?? Go spend alot more at verizon as their plans will cost you more, I have friends on verizon due to coverage and they are paying through the nose and wish someone else had coverage there

      • Frigadroid

        J, do you know how to read or better yet comprehend??? This very website has a story on the home page about the gps issue. They even have a picture for morons like you who like to troll websites to insult others as you prove your lack of intelligence! If you could read you would see I haven’t made any plans to leave t-mobile. I wouldn’t mind paying more for the ability to use my phone to it’s full potential since unlike you I use my phone for more than texting your teenage friends on you less than smart phone. Don’t be a hater because you are stuck on 1.6 . T-mobile shouldn’t plug the mobi tv and blockbuster apps if they don’t have the resources or want us to use them plane and simple even a moron like you should be able to see its misleading if you would get your head out of your ass.

      • shawn

        true its just a phone, but you are forgetting t-mobile charges 30 bucks for data. 30 bucks worth of data at home buys your unlimited dsl or cable internet at 5megs, all the downloads you want.

        if you t-mobile is going to cap and throttle speeds, you shouldn’t charge people 30 bucks for data. maybe 10

    • Awsnap

      Please. Leave. Now.

      Enjoy their awesome customer service and great prices.

      …and paying for tethering.

      …and seeing the same type of throttling that happens on toms network.

      No mobile service provider is “unlimited” anymore. Period.

  • thanks for ruining my 10 gig cap asshole -_-

  • behold 2 user

    yes!!! well deserved tmobile you deserved this!!!

    this is what you get after cheating a lot of customers and not promising on updates such as the behold 2 and not getting high end phones in the market well deserved .. i hate tmo and i use it.. crappy service provider ever in my life

    • j

      Your an idiot, Samsung is the one who promised it, not T-Mobile. If you are so unhappy, why stay??? Samsung is to blame for the inability to update the device and for you to blame t-mobile is absurd. Please do us all a favor and go away and cry in a corner as you were dumb enough to buy the behold 2 and admit it

    • Awsnap

      Please confirm that English is not your first language, because you’re horrible at it.

  • sheppydog

    notmikeitsmichael has got to be the most absurd sounding self centered individual I have ever heard. Lets talk about all you can eat at restaurants that tell you after your third or fourth plate you have reached their limit.
    Lets not mention the fact that most of the people who complain about unlimited are themselves lawyers or doctors who after your free consultation starts, tell you they have to end it because they have to take another appt of a paying customer even though they never gave a limit to the consultation time to begin with and you have not had all your questions answered but their secretary will be happy to make an appt that will charge you $300.00/hr for their service but they are the first to complain about paying $100.00/mth for cell service, not to mention the phone the received for $150.00 after discount should have been free because they are someone important and they are doing you a favor wasting 2 hours to decide on the phone and plan ( so they lost $600.00 that day) while the salesperson made 30 (15/hr) but had to kiss the guys a$# just to be able to put gas in his PINTO that he had to buy to get to work to feed his family and use his dial up service on a donated PC from his other job just so he could compare prices on milk at the store so he can get the most groceries for his money to feed his family for the week.
    Of course the gas company who still posts 35 to 50 billion in profits each year and would be able to lower the price of gas to $2.00 per gallon and still receive 29 to 44 billion is definetly not deceiving the public by any means as we are in a crises and shortage basis all the time, they are by no means making any false statements or allegations to us all, but we can’t sue them. Or the fact that they are looking for gas all over our country and contaminating wells and water everywhere but have been sanctioned and protected by legal means and class action suits have no effect on them because the judge is told it cannot happen this way makes our ability to say that class action lawsuits are a joke.
    If we really need to get something done it should be by rallying together at the place that is creating the problem to get it resolved, but if something is in writing that protects that entity and you have not read or adhered to the policy and contractual agreement PISS-OFF (as they say in england). Stop making it about you and your incompetence to understand what you have gotten YOURSELF into, if it’s not working for you cancel or quit accept your loses and move on.
    It’s not much different then a divorce, get it over with, material items are garbage, cut your losses early and move on with your life and gain new things over time on your own again. Stop pointing fingers, looking for the handout, the free-ride or what you think is owed to you. If you stay focused on everyone having to supply your happiness or owing you something to keep you happy and not making the right choices to be happy and accepting your mistakes and failures you are a very misinformed pathetic person.
    Grow up. Learn how to forgive others, forgive yourself, make a smarter decision from the error or mistake you made and gain wisdom and knowledge from it. The fact of the matter is the plan is unlimited, period. No promises to anything else. Unlimited data. period. It is spelled out on the literature and brochures and contracts and if you are not satisfied choose some other provider and stop being a wuss over your own wrong preconceptions as to what YOU think YOU were getting. Read it, research it, learn it, live it. It is your responsibility. Your ignorance is astonishing, amazing, outrageous and obviously limitless.
    I’m sure your partner and family would agree that you have always claimed it has never been your fault for any circumstances or situations you have gotten yourself into. I’m making a choice to pray for you to receive blessings that will help you become a better person in life, and like it or not you will remember this and it will bear witness on your soul till you pass on and then you will be given full understanding and knowledge of the free will you had. Make the right choice and own it and move on from it, now I’ll take my own advice and leave it.

    • krnboi345

      lol oh my God, AMEN my friend. This just shows how people are growing up nowadays. They are often too selfish and only think about themselves. T-mobile is giving you data so forget about it! Accept the facts and take what life gives you. Don’t point fingers or make irrational comparisons.

    • BarkPark

      You gave me goosebumps… and a bit emotional… well said.

  • j

    ItsMichaelNotMike,

    Read and weep as your argument disappears, here is T-mobiles data service feature Terms and services:

    http://www.t-mobile.com/Templates/Popup.aspx?PAsset=Pln_Lst_DataPlan

    In it it clearly states you will get throttled for cell phone data plans after 5 GB and 10 GB on web connect plans!! NOW can this useless argument be put to rest and everyone agree this lawsuit is going NOWHERE!!!

  • Negtne

    Well I just wanted to say goodbye to everyone on this forum. T-mobile messed up pretty bad, not just bad, they messed up stupidly. had a faulty phone, went through six cliqs. I know that’s a lot for one person. Kept typing on it’s own and going into things without me touching it. Well after six phones they finally gave me a 300 credit for my phone I was stoked. So My buddy wanted a vibrant and I wanted a nexus one. So I called them up and asked about my credit and if I can put the $300 down and put the rest on my even more plus line, and they said no there system will not let them do that. They said I can put it on my even more plus and then they will put the credit towards my bill. I said ok lets do it. Called today to see what my bill was and it was $360? What the hell? Called them up and asked what the hell was going on and after two reps a customer relations and a manager I find out That they cannot find any trace of the credit on my account! After three weeks how can that disappear, so after calming down and calling them back, same answer………. So I just sold my nexus one, my wifes mytouch slide on craigslist in 2 hours and we just bought a droid x and incredible. David, I love your site, you do a fantastic job keep up the good work. Been on this forum for a very long time and you have given me a place to discuss things with some great people. Thank you David!!!!

    • BarkPark

      ROfL, what??? administrator should take this off as it does nothing to the topic…just rambling.

    • j

      Negtne, well if you had that many it is your own fault! If you have 3 exchanges in 90 days they offer another device and if was that bad you would jump at anything else. If you didn’t, you the one who F!@# up, not T-Mobile. thanks for the good laugh, LMAOROFL!!!!!!!!!!!!!!!

  • Steve

    You can bet that the TMob attorneys will ask this man how he was using his equipment. As soon as any indication of tethering pops up, they will be all over that. Not to mention, the terms and conditions clearly state what “unlimited” means. This guy is a douche and will forever change data plans for TMob. Congrats asshole. I don’t see how he could win millions in this case. TMob could just waive ETFs and send him on his merry way…where he is free to chose from the other national carriers who do the same thing, or worse.

  • TheMan42

    no one cares about your problems, thanks

  • tmobile4eveer

    Great comments to a truly divisive issue. some of you support the lawsuit with good cause and good arguments as do those of you who are against the suit. One thing that you have to recognize and acknowledge about this lawsuit is the primary issue it targets: Truth in Advertising. So what are the facts?

    Fact #1) TMobile advertises unlimited data plans which means unlimited access to data not a promise of data access speed
    Fact #2) Tmobile advertises that you can use your smartphone to stream videos, send text messages, upload and download data (videos, photos, etc) through various means such as email or Facebook & Youtube
    Fact #3) Throttling or any other caveat to “unlimited” is never advertised or mentioned in Tmobile commercials or ads featuring unlimited data plans
    Fact #4) A daily video upload to Youtube coupled with streaming 1 video per day and streaming radio while at work will eat up more than 10gb of data before the end of 30 days.
    Fact #5) Throttling back to Edge speeds while using the smartphone as advertised will in effect cause you to lose your ability to use your smartphone.
    Fact #5) Not being able to use your smartphone as advertised is tantamount to not having unlimited data to run your smartphone the way it was advertised

    If you disagree with any of the above facts then please provide information supporting why these facts are not true. If these are indeed true, the only conclusion you can make is that TMobile failed to have Truth in Advertising – ie they engaged in false advertisement or at best had misleading ads. Regardless of what the fine print on the contract states, Tmobile is still liable for their advertising. The word “unlimited” may mean different things to different people, but in a legal sense “unlimited” means “no limits”. The sole purpose of having a 3G feature on a smartphone is for accessing rich media content (data) from the Internet. Limiting the speed of your access to data is unequivocally a limitation on data, make no mistake.

    For example, if you reached 10gb of data transfer and Tmobile stil allowed you to continue to use the data at 3g speeds, but then limited the amount of phone calls you could make for the remainder of the month, then that is still a limitation. Even though your access to the data would continue at the same 3g speeds, your ability to make phone calls would be negatively impacted as a result of your data usage. That would be a limitation contradicting the “unlimited” data usage. This is called “unlimited but with limitations” which is a contradiction and totally meaningless although advertising the data plan exactly that way might have given Tmobile some breathing room for their defense. But they never advertised that there would be a penalty with their unlimited data plan. That’s why there’s a lawsuit.

    Is this lawsuit petty or frivolous? Some will say yes and an equal number will probably say no. But who cares if it is or isn’t. It’s the impact of this lawsuit that we should all be concerned about. Tmobile just might change their plan to a tiered plan which most on this comment board seem to dislike. Why?

    Tiered data plans will allow all of you low data users to pay a fee that is more in line with what you use. I have an old BB 8320 which means I’m not steaming anything and will never reach 10gb in a month. Yet I’m still paying full price for unlimited data access. If I upgrade to a premium smartphone (which I’m strongly considering), then I’ll want a plan that will allow me to do all the things Tmobile says I can easily do with such a smartphone. I don’t mind paying the full price for an unlimited dataplan just as long as I can use my phone as expected without penalty or interruption of any kind. But that’s just me.

    Keeping the status quo means I’ll just be overpaying for what I’m not using and many of you on here will do the same. I applaud the guy filing the lawsuit. It will only help the TMo services evolve in favor of consumers.

    • Ural

      Facts
      1) True in T Mob’s favor
      2) True in T Mob’s favor, technically you can still stream at 56kbps
      3) True in T Mob’s favor as it is clearly stated in the contract, and not in small letters, the same size as all the contract. You only need to read it.
      4) FALSE. You need to stream about 20 hours of video to reach that limit and that would implicitly imply that you are using your phone as hot spot. Doing so is against the terms of service as the contract states.
      5) FALSE, having reached the cap my self in a few occasions, this statement is false. I could actually use my phone to stream video, was it practical solution, no it wasn’t. But messaging, email, surfing the net and phone service were still available with at a problem.
      6) FALSE again, as you could actually use the G1 as advertised and more, again was streaming video practical after the limit no, was everything else practical and useful yes.

      Your comments are clearly biased and come with having actually hit the limit yourself. On the Vibrant the slow network doesn’t hinder you as much as the G1 did. Though I state again, you could actually do so.

      Before you go to such a review, please try it out before you post a comment. One fact that you forgot to mention is that T Mobile allows you to stream over 10GB once in a while, but they try to avoid you from doing so on a regular basis, because if we all keep this up, you will have the mess ATT has had. Do you really want that?

    • Justin

      As I recall, there are tons of iPhone users on T-Mobile – many of which prefer it to AT&T. iPhone users on T-Mobile are limited to an EDGE connection and it doesn’t prevent them from using their smartphones.

  • now_onTMO

    so he exceeded the 10gb data limit? LOL

    what? he doesnt have dsl or even dial up at home? pssh..
    i hope tmobile wont suddenly change the data limit because of this dude.
    and why would he sue over it? because he wants to abuse tmobile’s network even more? or get money? hehe

    how ridiculous..

    just be happy we have FREE tethering..

  • now_onTMO

    so he exceeded the 10gb data limit? LOL

    what? he doesnt have dsl or even dial up at home? pssh..
    i hope tmobile wont suddenly change the data limit because of this dude.
    and why would he sue over it? because he wants to abuse tmobile’s network even more? or get money? hehe

    how ridiculous..

    just be happy we have FREE tethering..

    • tmobile4eveer

      I don’t believe the lawsuit states whether he is at home using his phone or away so I’m not going to assume either way. But it doesn’t really matter how he uses his phone because a) It’s impossible determine how he truly uses his phone and b)it is conceivable that he’s using his phone for other than a tethered modem. What does matter is that he did use his phone and reached a point where TMo interrupted his service with a limitation.

      You should hope that his lawsuit causes TMo to change it’s policy or at least its advertising. Afterall, if you’re not reaching anything near 10gb of data transfer, are you happy that you’re still paying full price anyway? This lawsuit will benefit you and all the other customers.

      • RockTripod

        I’d still be happy to pay if i’m not using 10 gigs of data per month. T-Mo charges less than the rest of the industry. This lawsuit will not benefit me, or anyone else. So T-Mo might accelerate their plans to switch to a tiered data plan. I’m willing to bet the 25-30 data plans won’t be for 10 gigs! So I pay the same amount, but now have a lower cap. Whoopee!!! Hooray for frivolous lawsuits!!! YEEEAAAAAAHHHHHHHH!!!!

  • sorandkairi

    WHY THE HELL IS THIS, OF ALL THINGS, GETTING THAT MANY POSTS!

    • ItsMichaelNotMike

      One complains about an article having too many posts, by posting a post. And now I did too. See what you caused with your irrelevant comment.

      (AND WHY THE HELL ARE YOU TYPING IN ALL CAPS. TAKE A PROZAC AND CALM DOWN. YOU SHOULD STAY OFF THE NET IF THIS KIND OF STORY SENDS YOU INTO A RAGE.)

    • dontdoitagain

      @ Mike

      What’s wrong, wake up to that ugly b!@%t next to you again. If you would’ve bothered, which you clearly didnt, you could’ve seen that I have been posting about this issue from the beginning. S#!t as a matter of fact, I posted on a one of your replies a$$hole.

      But to reply to this….

      “One complains about an article having too many posts, by posting a post. And now I did too. See what you caused with your irrelevant comment.”

      Well duh, that was the point. You clearly understood that fact and still decided to be a d!%k for no reason. The comment as a whole was clearly a joke but… again you just had to be a d!$k, now didn’t you. It seems that you sir might need to take Bupropion and Abilify for your crazy a$$ mood swings. You go from a person which seems good sense and a relative good understanding and knowledge of specific information to…. just another d!%k on this site with a computer and an ego.

      I actually had respect for you dude…..

      (just in case my previous posted didn’t post…here it is again…. amended a little bit!)

      I’ve posted this about 4 times and “tmonews” still hasnt actually posted it yet……

      PS im sora

      • David

        I’m sorry, what exactly should I be posting??

      • sorandkairi

        @David

        I posted that same message, my reply to mike, about 4, if not more, times before it went through this time under a different name….. that is what i was referring to.

        “(just in case my previous posted didn’t post…here it is again…. amended a little bit!)
        I’ve posted this about 4 times and “tmonews” still hasnt actually posted it yet……
        PS im Sora”

        name… dontdoitagain

        get it? get it?

      • Fata_Morgana

        Wow, what a d-bag.

      • sorandkairi

        @ fate

        Let grown folks talk and go back to searching for child porn online…. ok… douche

      • Rifleman

        You always have to wonder about the intelligence of someone who can’t communicate without the use of miscellaneous symbols to portray swear words. They are an indication of a lack of education.

        Hopefully T-Mobile will boot the clown suing over throttling after 10GB.

    • sorandkairi

      @ Rifleman

      Great another smartass weighing in on things that doesnt concern him/her. You have to wonder how people online would react in the same in a real world situation.

    • Tim

      I have a Rocket Wireless Card. Today, 10/13/2010, it started acting wonky…just dropping the connection, etc. I took my laptop AND the card into a T-Mobile store…and was told the “THROTTLING” begins at 5gigs and I was already close to 6gigs
      Why in the HECK would I buy an internet plan that stopped me at 6gigs? Now I have to wait until my next billing cycle 10/20/2010 to rollover a fresh 5gigs. If you are selling internet as unlimited, it should be unlimited. The managaer of the store didn’t even KNOW about this practice it was one of the more tech-savvy youngsters who knew. This SUX, as I bought the card to stream video at work.

  • Craze

    Be thankful T-Mobile doesn’t charge overage. In my eyes, if there’s no overage, and they don’t turn it off completely, then its unlimited.

    This lawsuit is really like all of the fatasses of the nation attempting to unite because the “all you can eat” buffet kicked them out after eating too many portions. Everything has limits you indulgent asses. (To anyone who supports this ridiculous lawsuit)

    • bobeotm

      I agree with Craze, at least T-Mobile isn’t charging overages. Technically it’s still unlimited, because even if you got past 10gb, you still have access, you just have it a reduced speed. It’s still better than virtually any alternative offered by other carriers. Sprint comes close, but the actually cell network leaves a lot to be desired.

      So I’m fine with them throttling it after 10gb. I tether quite often when I am out and about, and I feel its pretty fair considering that they are offering it at only 30 bucks on top of a cell plan.

      • hineschr

        In my case when I was throttled the speeds were unusable. Less than half the speed of 56k if it worked at all. virtually useless

      • hineschr

        In my case when I was throttled the speeds were unusable. Less than half the speed of 56k if it worked at all. virtually useless. But i do agree it is the lesser of 2 evils

  • denise

    As an 11 year TMO customer who his happy as a clam, I support the law suit and hope that TMO is forced to change their advertising and contracts. Why should any company be allowed to perpetuate deceptive advertising or business practices. This is the way the lowly consumer can hold companies accountable.

    I hope those complaining about this do not try to latch on later on if the guy wins and there is a some kind of pay out or adjustment in terms.

    • Frigadroid

      I agree you know the haters will line up so fast if they have any chance to get a buck. I also have been loyal to T-mobile since the Powertell days. I have the family loyalty plan with unlimited minutes, text and data I don’t mind if I have to pay a little more to get truly unlimited data. As the phones evolve something is going to change I would gladly pay $10 more a month for truly unlimited hspa+.

    • silk1923

      if customers actually read their paperwork then there wouldnt be a need for the lawsuit, so what you get throttled you still have access to the web, so its not fast ok fine but 10gb is alot foranyone to pass that you have to be doing something you have no business doing, even on my home connection i dont pass 10 gigs of data in a month. so read your contract ask qustions but most of all read its fundamental lol

      • meanmcclean

        Well actually it is pretty easy to blow through 10GB of data, especially on my home PC, depending on what you do, but I agree with you. It really isn’t that serious people, 10GB on a phone is a whole lot of data usage, and if everyone used 10GB of data each month, none of us would be able to connect with speeds worth a sh*t. Wireless just can’t handle that kind of traffic. Look at whats going on with Verizon after the Droid X release. Would you rather the new AT&T data plan?? I’ll gladly take 10GB throttled rather than 5GB and have to cough up an extra $10 bucks if i go over. I know a lot of people frequent these blog sites, now I know not every consumer does but enough that word got out when T-Mobile actually initiated this cap back when the G1 released. It is kind-a-sorta common knowledge at this point. A change in verbiage maybe to spell it out for the frivolous Fu*ks in the world but be happy for now as the future is beginning to look bleak for wireless data usage/cost.

      • ItsMichaelNotMike

        Read the “paperwork” I posted, aka the actual lawsuit.

        If you read it you will see that he did read his paperwork. The lawsuit is about notice, T-Mobile did not tell him about the cap.

        And it’s also about the other comment people are making in here, while T-Mobile says “Well.. you still have a data connection at EDGE, so we have not breached the contract” is a FALSE statement.

        This is because the uses that T-Mobile advertises one gets at 3G cannot be used at EDGE. So under California law it’s false and deceptive advertise 3G uses, say it’s unlimited 3G use, to then throttle to EDGE thereby rendering useless the advertised uses.

        The concept it fairly simple. While some may say (without experience) that EDGE is still OK, it’s not.

        Moreover, read the lawsuit where it says that at EDGE the plaintiff’s phone cannot be used for anything other than making phone calls (a true statement, see other posts).

        This is NOT about this person using more than 10GB of data. That’s imposing YOUR usage standard on this person. That’s not what a jury will decide, whether 10GB or 5GB data use is proper, reasonable or excessive. (I hope the day never comes where a jury will decide which of my computer habits are acceptable or reasonable to them.)

        What this is about is a consumer buying three high-end smartphones in reliance on T-Mobile (compared to other carriers) offering unlimited data plans. That’s about $5,000 in business he would be giving to T-Mobile.

        In deciding to go with T-Mobile the user noted all the fun and expansive uses for the three smartphones he bought, including downloading large files, uploading videos and photographs, texting, e-mailing, watching streamed TV, movies, downloading music, socializing on Facebook and Twitter, shopping on eBay, navigating, GPS uses, listening to streamed audio, etc., etc., etc.

        What T-Mobile did NOT tell him was that the unlimited plan was actually limited to 10GB (and later lowered on him to 5GB). (Notice how T-Mobile has the right to set whatever terms it wants on these limits.)

        This is also about a false and deceptive practice, that when throttled T-Mobile considers itself still fulfilling its end of the contract by providing a data connection (it’s not).

        While it may technically be a data connection, EDGE does NOT allow the Plaintiff to use the phone as was advertised and promised in its literature and by the salesman who sold the phones.

        Simply answer this. Where and when did T-Mobile tell him: “This is a limited data plan. If you exceed 5GB usage then we will shut off your data connection. You can still access internet pages, but your connection speed will not allow any of the multi-media functionality we advertised your phone is capable of. In other words, no watching movies, YouTube, Pandora, MobiTV.”

        And where does T-Mobile (or any carrier for that matter) disclose what certain functions use in terms of data? For example, “If you watch one hour of MobiTV you will use X amount of data. If you watch a two-hour Blockbuster movie you will use X MB. If you upload an MMS video ____ of data.

        Bottom line: T-Mobile should stop calling its data plans unlimited.

        They should be stopped from saying that an EDGE connection is a data connection, because EDGE does not provide the same functionality as 3G nor as advertised by T-Mobile.

        They should be required to announce to the user when his or her data connection is close to being shut down.

        There should be standards to all carriers similar to Truth in Lending. Call it “Truth In Wireless.” One provision will require providing cell phone data users a chart, in paper and on the handset being sold, that shows your current data usage and also the average data use per listed function.

      • ItsMichaelNotMike

        In case you still don’t get it, in the Complaint, p. 19: paragraphs 60-61 it says:

        “T-Mobile’s sales rep printed out a contract with Plaintiff’s electronic signature. NOWHERE ON THIS CONTRACT DOES T-MOBILE DISCLOSE ITS INVISIBLE DATA CAP…

        WHERE THE CONTRACT REFERS TO T-MOBILE’S TERMS AND CONDITIONS SALES REPRESENTATIVES DID NOT PROVIDE PLAINTIFF WITH T-MOBILE’S TERMS AND CONDITIONS…

        LANGUAGE DID NOT INFORM PLAINTIFF OF T-MOBILE’S 10GB OR 5GB DATA LIMIT.”

        Again… read the “paperwork” before making unfounded statements or criticizing the plaintiff.

      • Bill

        First of all, if you go to tmobile.com and review the data service it plainly states unlimited web, not unlimited 3g access. it also puts an asterisk directly after the title of the feature. in todays society customers have the “give it to me now” attitude, they don’t want to wait while you explain all the fine print, just complain about it when it affects them. when you go to a tmobile store you want to go in and come out as fast as possible, and will you seriously remember anything the guy told you to at the store other than the amount you had to pay?

        go to any tmobile store and look at a brochure about data plans, go to tmobile.com and review the information, it’s not “hidden” or “invisible”. people need to learn to have consumer responsibility instead of hiding behind lawsuits to protect them from anything that is commonly provided to them. the terms and conditions is not a book, it’s a short 2 pages that briefly states what you need to know about your service. if you don’t want to read it at the store, read it at home, or even on your 15min work break. it’s not that hard

    • kk

      what!!?

    • Shane

      Hmm… A payout would only seem to raise the costs for everyone, no? Then T-Mobile will have to generate more revenue to pay millions of dollars to whiney people who don’t read their Ts & Cs… I am very tired of people who do not read their Ts and Cs and then talk about how it wasn’t explained to them. Would you buy a car without reading the fine print first? A cell phone is a thousand (plus) dollar/year commitment. READ YOUR STUFF!!! If you don’t read the fine print, fine- but don’t be mad when you missed something. I sure hope there is no settlement, because I know they will pass the buck onto me, the consumer- and to you, too Denise!

  • Asparagus

    True…if he failed to meet terms and conditions (i.e. using phone that is 3G as modem)…techs will surely know because of IP to mac correlations…..since the knowledge is there, I hope T-Mobile doesn’t drop the ball and make the rest of the customers suffer

  • wtfci

    There is a data limit? Where is this published? How do I track my current usage?

    I doubt I come close to the threshold, but if there is one I have no idea what that threshold is and how I can track my place within it.

    Help me out readers.

    • David Thomas

      It’s not a data limit, they limited the SPEED he can download the data after he EXCEEDED 10GB. Meaning, once he downloaded 10GB of data, they made the rest of the downloads move slower. So he still has unlimited data, just not fast data.

      • Ryan

        When you hit the limit, services such as Pandora become unusable, and web browsing crawls. Your phone essentially becomes email only.

    • Adood

      Use T-Mobile.com

      • wtfci

        Where on T-Mobile.com? When I log into my account I can track voice minutes, text messages, and downloads, but there is no figure that display my data usage.

  • poconopixie

    This will go nowhere. If they didn’t charge this guy overages, and he still has data access (albeit slowed down) then he had unlimited access. It’s people like this who snarf down 10GB+ per month that cause network congestion and other users end up getting a sub-par experience because of it. Very selfish if you ask me.

  • David Thomas

    IMHO, this is fine from T-Mo’s side, because they didn’t charge him overages, and they didn’t remove unlimited data from his plan. If everyone just torrented or downloaded however much they wanted (through the FREE tethering, mind you), then we’d end up with a network like AT&T’s after the huge iPhone massacre.

    This guy wants attention, and unless he has some really legitimate legal reason to downloading so much over a wireless network, he’s just a douche scratching for some “free” money.

    • The total bandwidth used by mobile phones on a tower can affect the speeds everyone else receives, but it’s the number of active mobile phones in an area that effects the general quality and coverage.

      WCDMA(UMTS) network capacity planning isn’t done by the amount of data people will use, it’s done by the expected number of users that will be on that sector. To make it simple, the more people on a tower, the less area of coverage it will have. To make things more complicated, too many towers in an area can cause worse coverage instead of better coverage. So then you need to aim antennas to deliberately reduce coverage area, and probably other stuff that’s complicated.

      What AT&T did since they apparently maximized the capability of adding new towers is to add new towers on another frequency in densely populated areas like NYC. This adds extra capacity, eliminates the problem of too many nearby towers, and with reduced load on the towers, the coverage increases. I was still an AT&T customer when they added the new towers in NYC and it helped dramatically.

  • WXman

    What a gold digging douche bag. The judge should sentence him to life with AT&T service and no possibility of parole. LOL. That would serve him right. Why are people always trying to get money out of others? Why is there no common respect or decency anymore? Why do people whine and waste our tax dollars by taking something like this into court? What a douche bag. I hope a cell phone tower falls on his car.

    • Doug

      Isn’t there a mandatory arbitration clause in the TOS as well? How is this in court? Aside from this guy being a whiner, TMO should just terminate his contract and ban him from ever seeking future service for breaking the mandatory arbitration clause.

      For those of you saying EDGE isnt a data connection, you guys sound just as stupid as the guy filing the lawsuit. EDGE is perfectly usable albeit slower. You can sure as hell tether, watch youtube on it, sure you might have to pause it and wait to buffer. I have also streamed audio over EDGE as well. Also unless you are in a major metro area, most of TMO’s rural network is EDGE but even more of it is even slower GPRS!

      I’ve done plenty of tethering on TMO back in the GRPS and EDGE days, yeah it’s not as fun but its better than being cut off entirely.

  • Exec4Future

    I guess this guy didnt read the paragraph in the t-mobile contract that says “mandatory arbitration”. Basically, the customer cannot sue T-mobile nor can T-mobile sue the customer. This guy is going to have a terrible time convincing a judge that he was unaware of this. It clearly states it in the contracts I have reread a million times in other lawsuits like this. usually, my clients end up settling or they never show up at all once they realize it is useless to sue someone when you have signed a contract for mandatory arbitration. good luck with this HAHA

    • ItsMichaelNotMike

      When you say “clients” are you referring to yourself as a lawyer? If so, you must be in that group of lawyers I describe to students in the following way: “IMO about 85% of California lawyers do the equivalent of ‘C’ average work or below. In other words, they are incompetent, a smear on the profession and should be disbarred.”

      You should not be, in smart-ass tone, posting incorrect information on the Net.

      I say this because of your grade “F” analysis of T-Mobile’s arbitration provision. Why the “F” grade.

      Well YOU apparently did not READ Federal Judge Jeremy Fogel’s 2002 decision (Northern District California) against PayPal. That’s pretty lame, you being in the business and not knowing about a 2002 decision.

      In that case the Court reviewed PayPal’s mandatory arbitration provision imposed on California consumers.

      PayPal customers filed a class action against PayPal charging that it illegally froze their accounts.

      PayPal moved to force the plaintiffs to individually arbitrate their claims. In the August 30, 2002, ruling Judge Fogel DENIED PayPal’s motion to have the claims asserted in two lawsuits resolved by individual arbitration.

      Although PayPal’s user agreement (just like T-Mobile’s) calls for the arbitration of disputes Judge Fogel ruled that the arbitration clause in the agreement is unenforceable.

      The Court said:

      “The subject (mandatory) arbitration clause expressly prohibits PayPal customers from consolidating their claims (suing on a class basis). A recent California Court of Appeals case determined that a large credit card company could not enforce this prohibition because most claims would involve consumers seeking the return of small amounts of money. The court concluded that such circumstances raise ‘the potential for millions of customers to be overcharged small amounts without an effective method of redress…

      By allowing for mandatory arbitration of small money claims and imposition of prohibitive arbitration fees and precluding joinder of claims (via class action lawsuits) (which would make each individual customer’s participation in arbitration more economical), PayPal appears to be attempting to insulate itself contractually from any meaningful challenge to its alleged practices. Under these circumstances, the Court concludes that this aspect of the arbitration clause is so harsh as to be substantively unconscionable.

      Having considered the terms of the User Agreement generally and the arbitration clause in particular, as well as the totality of the circumstances, the Court concludes that the User Agreement and arbitration clause are substantively unconscionable under California law and that arbitration cannot be compelled herein. Good cause therefor appearing, IT IS HEREBY ORDERED that the motions to compel individual arbitration are DENIED.”

      I know, I know, to save face you will say that you are referring to the law in your state (assuming you are a practicing lawyer in a state other than California) but your comment was directed at “THIS guy,”
      a California resident and Plaintiff.

      All that argument (“excuse”) does is validate another of my statements: “one of the most common causes of attorney malpractice is attorneys thinking they know the law of states in which they are not admitted. It also is one of the most common reasons for attorneys being suspended or disbarred, practicing law without a license, which is what they are doing as soon as they deal with another state’s laws when advising clients.”

      Sidenote: The plaintiff lawyers are a San Francisco law firm that specializes in class actions. Do you really think such lawyers are unaware of mandatory arbitration clauses, they don’t know to look for them in contracts, and that they don’t know how to deal with them.

      • Anony Mouse

        Really now. Did you just get admitted to law school and now are trying to show off in some random internet forum where you cannot have someone actually test you and confront you thoroughly. You complain about how the majority of legal representatives are idiots yet you try to validate you argument against someone else’s by saying to have faith in the representing firm.

        You also fail to realize that the decision you refer to is not impacting on the mandatory arbitration of T-Mobile because T-Mobile is not a financial lender or institution. No actually money was lent to someone or charged to someone. Sure, the guy wants money, but this is not about money. Therefore the decision that the mandatory arbitration provision is not economical is invalid. Now if T-Mobile was to charge a consumer like ATT does for every little bit of data that gets used, then maybe it would be an impactful decision.

        Also, I can see how distrusting you are of your own opinions. You are trying to attack possible counter arguments before they are actually brought up. Why? Because you already see the failed logic in your argument and are trying therefore to play patch up work without actually going back and correct the mistakes in your logic from before because that would be admitting you are wrong.

      • j

        California is a bunch a cry baby idiots and should be pushed out to sea. Some sue happy idiot who cannot seem to read the terms of what he signed sues for an issue that is irrelevant. Much to the dismay of everyone these are the kinds of people who are going to cause carriers to do away with unlimited data plans and go to the expensive pay per MB option. How many would use alot of data at a pay per MB charge? NOT MANY!

  • Testament

    Just a side note. According to the T&C on T-Mobile website as of 11:34pm last night the cap is 5GB not 10GB.

    • Testament

      You can easly hit the 5GB cap without tehering. I adverage 4.93GBs with crappy internet service. (384~667kbits)

    • Adood

      Only for data sticks. For phones, as far as I know, it’s still 10 GB.

      • Testament

        This Is Half of 10 on T-Mobile website http://www.t-mobile.com/

        10. * Data Plans and Other Features. You will be charged for data usage on a pay per use basis unless you are required to maintain a data plan (“Data Plan”) as part of your Service, or as otherwise provided by your Rate Plan or prepaid data pass. Permissible and Prohibited Uses: Your Data Plan is intended for Web browsing, messaging, and similar activities on your Device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example, using your Device as a modem or tethering your Device to a personal computer or other hardware, are not permitted. Other examples of prohibited uses can be found in Section 17. Protective Measures: To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. If your total usage exceeds 5GB (amount is subject to change without notice; please check T-Mobile’s T&Cs on http://www.T-Mobile.com for updates) during a billing cycle, we may reduce your data speed for the remainder of that billing cycle. If you use your Data Plan in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan.

      • I tested it out by downloading a few dvd’s… 5GB – fine. Past 10GB – cap. With the mobile phone internet service.

  • TMoney

    I think this is pretty ridiculus…if your that much of an ass that you are going to sue a company for reasons like this, READ THE FINE PRINT! That’s the real kicker for me, in that people sign their name saying they agree to a piece of paper they obviously didn’t read and later want to be a prick about it.

    Hmmm what else can I think of…maybe someone could get a couple bucks back from any car manufacturer for them not explicitly telling you that you are gonna need an oil change every three months. Get a life!

    • Anony Mouse

      The sad thing is that car dealerships do have to try and stop people from suing them for that same reason. If you read some contracts they actually list what it is that may go wrong with a car and give details about maintenance that has to be signed.

  • dap

    I’ve been hit the last three months and I must ssy I usef the same amount of usage for the past 4 years. I cant put a finger on it. Maybe just maybe because I have a grandfathered plan. Who knows could be because theyre trying to get me to change plans hmmmm.

  • hineschr

    This actually happened to me once. I wirelessly tethered a couple netflix movies from my hd2 on a long train ride I had and the next morning I got the text that I went over the limit. So my speeds went from super fast to so slow that most pages/apps won’t even work. Called tmobile and I was anticipating a confrontation about the “unlimited” thing and none of the reps could figure out why my phone was not working. So they exchanged my handset and ultimately credited me $35 (????? lol) for the data not working.

  • hineschr

    You people are rediculous. Would it be ok if home isp’s started throttling your home internet speeds because they feel like you are using too much? Or what if t mobile decided that 3000 texts or minutes is higher usage than someone should be using?

    You ship a phones with 4+ inch screens, tethering capabilities built in, youtube, slacker, tv, blockbuster, not to mention all the apps that are data hungry and you expect people to not use these features? Features in which are all but unusable on an edge network? Simply do not advertise as unlimited.

    If you buy a car and the brakes stop working as good as they did at purchase is that ok because the car still stops eventually? It just takes 100 more feet, but hey it still stops. Go to the car company and they tell you that you just used it too much. Would you accept that explanation?

    Sure limited data does not sound as good but companies need to be honest with consumers.

    • Doug

      If the stipulation was in my home internet connection that it would be throttled after exceeding x GB a month and agreed and put my name on the dotted line then yeah i wouldnt have a problem with it.

      You likely will never see this in a home internet connection because the cable companies or fiber providers have oodles of bandwidth available. Cell providers on the other hand have to work with extremely limited blocks of bandwidth that cost alot of money to buy from the FCC at auction. Tmobile cant just start transmitting on a 500mhz wide swath of bandwidth, if they could we would probably all have internet connections on our phones as fast as the fastest land based connections. Instead cell companies are working with small chunks of bandwidth in some cases narrower than a single TV channel worth in bandwidth and this has to provide everyone with connectivity within range of that cell tower possibly hundreds of users depending on how dense the population is in the area.

      the sub 2ghz spectrum is extremely congested right now and anything higher than 2ghz has coverage issues with penetrating walls, foliage, rain, etc check this out if you want to see how bad the congestion is http://www.ntia.doc.gov/osmhome/allochrt.pdf

  • tenten

    I wonder……

  • Okay, I took one for the team so I could find out for sure all the facts in the matter.

    I downloaded a few ISO images and accumulated 12GB of 3G download at native speed before the caphammer fell. After that, I was still on 3G but was limited to about 7KB/s. EDGE data rates do not appear to be limited.

    T-mobile must be pretty confident in their network to do something like this – each mobile that is actively receiving/transmitting on the network reduces the coverage for the whole area around them whether they’re downloading at 7 or 700KBps. That means a person who downloads a medium sized file will take up more resources over time capped than not capped. The less wrong thing to do would be to move people who download more than X GB to another QoS class which allows them to use any unutilized radio bandwidth while maintaining a minimum and preventing them from harming other users. I don’t think the impacts on the network were fully understood when the cap was put in place.

    However it’s better than other networks’ management of data, save for Sprint’s WiMax which they say is truly unlimited.

    Either the cost of data is expensive or the people who imposed this cap are dumb or I do not understand as much about cdma based systems as I appear to think I do. But if it was the cost of data, then EDGE would be limited too.

    Right now T-mobile has a decent deal and that’s why I’m with them, but just as I wasn’t afraid to leave another company after 6 years because something else worked better for me, I’ll use another carrier should that suit me.

  • dothack

    Clearly, people don’t bother to read the fine print. T-mobile isn’t the only company doing it, all the other major carries plus even the local DSL/cable ISPs clearly state under the TOS that if you exceed a certain limit during a giving cycle..the company has the right to stop, terminate and/or throttle your connection. I have knowledge on computer networking and this clause is a must for every ISP to provide reliable service. Otherwise, we all could be hosting data servers, sending spam, etc. that would slow down the connection for other uses that also pay. It isn’t misleading..its actually upsetting how many stupid people we have in this world and that would sign any legal document without actually reading it.

    • ItsMichaelNotMike

      Actually, people are not stupid for not reading what you call “legal documents.” Technically T-Mobile’s agreements are not “legal documents” since such refer to papers filed in court. ;)

      Anyway, it’s a fact of life that people are extremely busy and don’t have time to read every line on every agreement that is pushed in front of them. It’s also a fact of life that business relies on this when imposing limitations, escape clauses and contradictions when dealing with consumers. They slip things in knowing that people won’t catch the “bait and switch” nor understand what they are reading if they take the time to go through the agreements.

      This is because the law does agree with what you say, a deal is a deal and if people don’t read a contract, that’s their problem.

      But before you go calling people stupid, I wonder if YOU have read every contract and agreement put under your nose. If you do, then you don’t have much of a life because to read all contracts that apply to your life, you would not have time to do much of anything else.

      And before you say “Oh yes, I read everything” answer yes to the following:

      1. Did you read every document, front and back, put in front of you when buying a car?

      2. Have you read every line of every insurance policy you have (property, homeowners, health, auto).

      3. Did you read all the paperwork that came with your cell phone?

      And speaking of cell phones, have you read T-Mobile’s online TOS (terms of service) and do you know if the online TOS supersedes anything you have in writing or what the salesman told you?

      http://www.t-mobile.com/Templates/Popup.aspx?WT.z_unav=ftr__TC&PAsset=Ftr_Ftr_TermsAndConditions&print=true

      4. Have you read every line of all EULA (end user license agreement) that came with ALL your software, including the OS?

      5. Have you read every line of the user agreement on EVERY online service you use, such as banking, credit card, PayPal, utilities, Netflix, and stock brokerage services?

      6. Have you read every line of every warranty or guaranty that came with EVERY product, item or device you have bought over time?

      7. Have you read every line of every page of your agreement with the Bank or Banks?

      8. Have you read every line of text that came with your music CDs or movie DVDs.

      9. Have you read everything on your travel ticket, including planes and trains, BEFORE traveling?

      10. Have you read the little ticket they give when you park your car, BEFORE you park the car, so you can decide if you want to accept the lot’s terms and conditions?

      11. Have you read EVERY website’s Terms of Use that you have visited?

      http://www.t-mobile.com/Templates/Popup.aspx?WT.z_unav=ftr__useterms&PAsset=Ftr_Ftr_TermsOfUse&print=true

      12. Have you read EVERY website’s privacy policy, that is, websites you have visited?

      http://www.t-mobile.com/company/website/privacypolicy.aspx?WT.z_unav=ftr__privacypolicy

      13. Did you read all the disclaimers and/or limitations on any of the above?

      14. On all of the above did you understand EVERYTHING you read?

      By your standards, if you answer “no” to any of the above, are you calling yourself stupid?

      By the way, you said that people are stupid for signing any legal document without actually reading it. Under the law, purchasing a product or visiting a website is considered the same as signing a legal document (contract).

      So on those items I listed above that don’t require a physical signature, under the law you are deemed to have “digitally signed” the agreements and/or agreed with the terms and conditions (contract) set forth on those pages.

      • dothack

        Its amazing and amusing at the same time how you mention that if I read every document before I signed that I wouldn’t have a “life” and yet, you probably spend more than 30 minutes to type that long post of yours to prove a point to an anonymous internet user that you won’t probably meet in your entire life to an audience that also you won’t meet in your entire life. Talking about a nerd calling another person a nerd lol anyways, as a matter of fact. yes, i do read everything i sign and yes, i happen to have an excellent life, thank you very much and unless you have some networking knowledge..my previous post is pretty much pointless to you explaining the logic behind throttling/limiting/terminating bandwidth. more to the point, yes, everybody should read the fine before singing a document and no, the excuse you make regarding people having busy life is bull because as a technology student i can tell you with facts that the average American has gained more free time than ever because of technology in our daily life so stop making excuses for you and other people and read before you sign. no body will look out for you, only yourself.

  • ItsMichaelNotMike

    Is it any wonder carriers see dollar signs when dealing with data. Check this summary of a report just published:

    Global Mobile Data Traffic Nearly Triples In One Year

    •Latest measurements show mobile data grew 10 times faster than voice.

    •Mobile broadband adoption accelerating with introduction of high performance networks.

    •Operators to increase profitability and competitive differentiation with mobile broadband.

    •Mobile broadband currently accounts for only 10% of total mobile subscriptions but a rapidly increasing majority of the traffic.

    •Measurement of actual traffic in networks around the world show that global mobile data has nearly tripled in the last year, growing more than 10 times faster than voice.

    •Mobile data traffic continues to grow exponentially even after the historic cross over point in December 2009, when data first exceeded voice, as reported earlier this year.

    •Global measured mobile data traffic stands at nearly 225,000 terabytes per month as of the second quarter of 2010.

    •The business model for mobile broadband is becoming one of increasing profitability and competitive differentiation through superior quality of service.

    •Operator’s focus on end-to-end converged IP networks is key to addressing the dramatic traffic growth, while reducing costs and improving the user experience.

    •For consumers, mobile broadband is transforming the way we communicate and prosper as a society.

    •With Ericsson’s recent announcement of the delivery of its two millionth base station (out of an industry-wide installed base of five million), the company continues to extend its global leadership in mobile broadband.

    •Today there are over five billion mobile subscriptions worldwide and predictions are 50 billion connected devices by 2020.

    •As popular as some people in here think the iPhone is, out of those 5 billion subscribers the iPhone, after three years, is in only about 49 million user’s hands.

    (I took writer’s license to add in the last one. LOL).

  • mwl1119

    People should not attack this guy for this lawsuit. While he probably was tethering his computer to his phone it is not certain. If he were to have an HD2 and using the Blockbuster streaming app it is possible (very easy really) to hit that unadvertised 10GB cap and once they begin throttling the speeds it renders the phone usless. I currently am being throttled on my Mytouch Slide (mine is due to tethering I will admit and I hit the cap in 3 days of moderate usage) and I went from around 5MB/s to less than 80KB/s.

    I hope that at least they lighten up this throttling with this lawsuit. 300-400KB/s would be ok but 80KB/s is too much imo.

  • hey all

    it’s still unlimited data. they don’t shut you off.
    and honestly, i’m fine that tmobile’s throttling after 10gb.
    and i would testify FOR tmobile on a class action lawsuit because 10gb is pretty damn ridiculous. it’s like going to a buffet and getting some to-go.
    or if it’s a 24 hour buffet, just living there.
    you’re working the system and i’m sure this guy knows it, he can just get some cash out of the semantics of the word “unlimited”.

    tmobile will have the fastest network at the end of the year, it has the highest cap by far, and no overages or shut-offs for data. stop yer bitching and be friends with big magenta!

  • Happy699

    OK heres the deal, i have worked for the co. for about oh going on 9 years and i thinks these people are dumb…. i deal with enough people that never read the fine print and that will complain about it. thats why i love saying “OK miss ____ lets turn to page 2 paragraph 3 article 2 ……..there it is!!!!! ha ha ha ha ha. But really the data plan is unlimited just not unlimited 3g… READ THE FINE PRINT WE ARE NOT HIDING ANYTHING! thank you all

  • Happy TMO Customer

    I agree with the poster that stated everything has limited. When they advertise unlimited, what they mean is unlimited (within reason and common sense). I mostly use my phone for internet and email (moreso than calling) everyday and I rarely exceed 50MB in a given month. This douche that exceeded 10GB must have tethered or been downloading hellofalot of movies, etc. What did they expect for $34 a month??? They need to read their contract and they need to get the appropriate equipment such as a laptop and/or USB wireless dongle. Bet you a dolla fitty they were downloading p0rn (on their mobile so their spouse wouldn’t find out). Throttling slowed their addiction down so now they’re whining and causing probs for everyone else like the ginormous douche that they clearly are. Final thought… Does anyone here think when an All You Can Eat buffet charges you $6.95, it means you have the right to back a truck up to the door and start carrying out all the food??? Would common sense indicate All You Can Eat means the average person which is one to two plates (instead)??? Come on. Let’s get some free (unlimited) clues people. REALLY.

    • chantelle

      Don’t advertise UNLIMITED. Thats a free for all kinda word. For gods sake, its simple, use the right terminology. UNLIMITED up to 5gb. is that so hard.

  • Rifleman

    If this clown doesn’t like being throttled after 10GB let him go to AT&T. His lawsuit will end up making T-Mobile eliminate their unlimited data plan.

  • some internet dude

    $34 dollars a month is ISP money. Carriers need to realize that they are ISP’s not just cell providers. And when a rep tells a customer that its totally unlimited and he can surf all he wants at full 3G speeds, well then the customer take him at his word. After all he is a rep of the company. So T-mobile either stop saying its unlimited, or readjust your pricing to reflect an actual unlimited plan.

  • chantelle

    No matter what the person downloading is doing, the point is that these companies advertise UNLIMITED and not one of their sales associates have a clue as to what they are selling. The number of times that I have been given false information is ridiculous. Even tech support is misinformed. These companies need to have transparency about their products, their services, and take responsibility for educating their staff about their services. Pay up tmobile.

  • chantelle

    UNLIMITED to 5gb is plain and simple. no need for an asterix. when you hide things in small print thats when you get sued.

  • eddy

    i thought i was on the web alot, i just looked at my bill and i have a family plan with my sis and together we pooled like 500 something mb, and im on youtube most of the time, downloading music, facebook,twitter,e-mail (No blockbuster already paying for enough on my bill as it is thank u), etc….how could u exceed 10gb in one month, how do u spend that much time on the web and not let it interfere with ur life…im just sayin not tryin to hate.

  • gamma

    companies write things in fine print to “trick” the average customer because if they told you about these things right from the start, they predict you would not buy their product. they likecustomers that blindy sign on the dotted line. but, they also love customer who read the fine print, understand the “butt rape” and still sign. i think the point to all this is dont false advertise for the average customer, and dont let us that do read the fine print find out what sneaking pricks companies really are.

  • canturgan

    I live in the Uk and use t-mobile, I originally bought the G1 and now own the HTC Desire on the ‘unlimited’ tariff. I got a message today that I had almost reached the monthly limit (3gb) and would be restricted after that. When I signed the contract the salesman insisted that I would get 900 minutes of calls, unlimited texts and unlimited data, which is the reason I signed. The monthly tariff here is £30 which is higher than in the US and with a lower cap. As far as I know in the last 2 years since I have had the phones I have not used the data that much but I recently got Spotify for the phone which streams music, I also use YouTube quite a bit (it’s a standard app in the Android) but I am considering taking legal action to clarify the use/abuse of the definition of ‘unlimited’ as a selling/advertising ploy. I had an argument with the customer service department today about the term but they insist that unlimited means unlimited, unless you go over 3gb, then it isn’t, it’s just restricted. Maybe the unlimited texts have a limit, unless they really ARE unlimited.

  • T-Mobile customer (SUCKER)

    A quick fix to this problem for all you who like to tether. t-mobile in the month of November is giving out 30 days of their Crappy 5 gig internet wich you can add to any of your other lines on your account, that is if you have any other lines. Each line has it’s own 5 gig alotment before throttled down. I have been on t-mobile network for years and just recently had the ball dropped on me about being throttled. I guess they don’t want our money. Anyone with a sliver of brains will find a better solution than the so-called “UNLIMITED INTERNET” wich has sooo many limits. If we all callesd coorporate in Remond, Wa.,

    T-Mobile Corporate Office | Headquarters
    12920 SE 38th Street Bellevue, WA 98006
    (800)318-9270

    and asked to speak with either the C.E.O. of marketing or the V.P., we would probably get somewhere.In Seattle they have a reporter that goes to buisinesses and gets the company to explain their bad practices(GET JESSE) on air! If all the news companies found out that T-Mobile does false advertizing, their stocks would be affected, more lawsuits would be filled, Big-Wiggs would be loosing hair, and the company bonuses would be dissapearing.

  • Primerisk

    The problem with throttling is that the company doesn’t tell the customer upfront that there is a usage limit. It’s hidden in the fine print somewhere. The advertisement doesn’t have a disclaimer that says it. I’m not sure why the author of the blog thinks you have to do something illegal or sorted to use more that 10 GB’s of data. Watching online TV uses data and I was throttled. Maybe the company should have a truly “unlimited” plan and charge accordingly. Lawsuits are messing but effective.

    • Rjizsophresh

      I just signed up for tmobile I am a heavy data user from streaming to app downloading and constantly video chatting on my new my touch 4g to then be throttled to dial up when I payed for unlimited 4g internet not 5gb of 4g then the rest in 56k this is rediculous I want in on that law suit because this is not what was advertised to me

      • Anonymous

        Me to let me know what you find out
        emcinc@hotmail.com 

        • Chantalgrosvenor

          I just purchased a sensational 4G the sales rep convinced me to switch to unlimited since I’ve been a customer for many years and I ” deserve it” today they trottled my data and customer care is closed for the holidays so I can’t call and threaten to swtigh. Scammed by tmobile. Wow. I want in on this lawsuit when any one finds out pls pls pls email me as well chantalgrosvenor@gmail.com

        • Brookseddie95

          Sweetholly I want in on the lawsuit as well tmobile is a bunch of liars with false advertising please contact me at brookseddie95@yahoo.com with future developments.

  • jjay28

    Heard T-Mobile changed it to 5 instead of 10 now….when would T-Mobile stop ripping stop ripping its customers.

  • Clr822

    i just got that message myself on thanksgiving with my new hd7 that has net flix i checked my original contract and it states unlimitted data usage. and when i called the reps told me it had changed since i signed up and will not honor the unlimitted internet. how do i go about getting in on this lawsuit i want what i pay for and have been paying for.

  • Samtheenglishman

    Same problem. They sell you a TV app, they plug streaming music and music downloads, I listen to audio books too, then slap the 5gb nonsense on me! I have multiple lines on my account with data… I wonder if each phone has the limit or if data is pooled like minutes? Not happy! Unlimited with a limit?! Not doing anything illegal or shady to exceed my limit. My as well ditch data if I can only do that stuff in wifi hot spots!

  • Samtheenglishman

    Same problem. They sell you a TV app, they plug streaming music and music downloads, I listen to audio books too, then slap the 5gb nonsense on me! I have multiple lines on my account with data… I wonder if each phone has the limit or if data is pooled like minutes? Not happy! Unlimited with a limit?! Not doing anything illegal or shady to exceed my limit. My as well ditch data if I can only do that stuff in wifi hot spots!

  • Samtheenglishman

    Same problem. They sell you a TV app, they plug streaming music and music downloads, I listen to audio books too, then slap the 5gb nonsense on me! I have multiple lines on my account with data… I wonder if each phone has the limit or if data is pooled like minutes? Not happy! Unlimited with a limit?! Not doing anything illegal or shady to exceed my limit. My as well ditch data if I can only do that stuff in wifi hot spots!

  • Aa

    It’s not about what’s “kosher”. The fact is that very is a very precise definition of the word unlimited – not limited; having no bounds; boundless [Webster]. Whereas T-Mobile in this case means, “unlimited, as long as you don’t go above 10G”, which is not unlimited. So, that’s what they should say in the contract. They should say 10G and not unlimited. So, yes, it’s misleading, because it’s not true.

  • Aa

    It’s not about what’s “kosher”. The fact is that very is a very precise definition of the word unlimited – not limited; having no bounds; boundless [Webster]. Whereas T-Mobile in this case means, “unlimited, as long as you don’t go above 10G”, which is not unlimited. So, that’s what they should say in the contract. They should say 10G and not unlimited. So, yes, it’s misleading, because it’s not true.

  • Dalecorb1

    I would love to get in on this lawsuit. Its dispicable to tell your customers they have unlimited 4g then drop them to 50k (dial up modem speed). If bandwidth is being consumed too quickly then they should update the system. Not screw over your customers. I admit that I use a lot of data that is why I got this g2 phone and an internet plan.

  • solo74

    I have been a customer of T-Mobile for 7 years with no problems. I got the My touch 3G phone about 6-7 months ago with no problems. As of this year 2011, I was throttled down in the middle of the cycle in Jan. and was throttled down 1 WEEK into this billing cycle!! This is an outrage!

    A couple reasons we are getting ripped off:
    1. We purchased an “UNLIMITED” plan.. and we pay for THAT every month.
    2. another very important fact.. I have never used more than 1 meg of data per cycle since I have been a T-Mobile customer, and according to T-Mobile records I used 500 k at 4 o’clock in the morning!! when I was fast asleep!
    It is obvious to see that T-Mobile thinks we are stupid and they are ripping us off.. I will be contacting a lawyer today and I will spread the news about T-Mobile’s scam..
    The internet, Twitter and Facebook helped coordinate an uprising in Egypt, lets see what we can do about T-Mobile..

  • Sumluzr

    I am leaving T-Mobile after years of being with them for this very reason. Throttle my usage?? That’s like limiting my oxygen. T-Mobiles network sucks. I would highly recommend anyone but them.

  • Furygoddess

    I just received a text message for the first time stating they will slow down my speed for the remainder of the cycle. I received this at the end of the cycle! I cannot open a webpage and I cannot even get into the TMobile website to write a complaint since over the phone they just give you excuses. I have complained about their slow speed many times, they have done nothing to fix the problem. But, how great they are in creating a problem o better yet in providing not service at all and expecting payment. Outraged at their treatment and will seek legal advice on the matter.

  • Dopehousex3

    I went from 3mb to 0.04mb with a message saying I was getting my speed slowed down for using a “unlimited data plan!” Thats just bs a side note verizon and sprint do the same thing not sure about at&t just incase you where thinking of switching carriers.

  • Toiletduck34

    is there a way to join the class action lawsuit still? please post if so!

    • Officergiovanni

      They did that to me to…they told me every thing unlimited …it’s a lie internet is not unlimited …hit me up…8185641985 lets all Sue ..

  • Divinesonz

    Yes please direct me to this class action law suit ASAP. I’m sick of tmobile LYING about Truely unlimted plan!!! They slow up my phone every month! What the F type of service am I paying for!!!????

  • Dds3303

    I WAS a Tmobile customer for 2 years and 7 months. On 04/28/2011 I went into my local Tmobile store to pay my phone bill which was $119.40. I usually pay my bill by phone but I was in the area so I decided to go in the store. I got to the register to pay my bill and to pay for a phone case which was $37.44 which equaled $156.84. The agent told me to swipe my card as a debit, I did. He stated that it didnt go through and to swipe it as a credit. Before I swiped my card a second time, I asked the agent if my card would be charged twice and he stated “Oh no! We dont do that here!” I then swiped my card as a credit. The next day I checked my account and saw that I had been charged TWICE for $156.84! I contacted Tmobile and spoke with a lot of agents. SEVERAL of the supervisors there got on the 3 way with my financial institution. My bank told the supervisors from Tmobile that I was charged twice by their company and no there wasnt an authorization hold on the money. TMOBILE THEN STATED THAT THEY WOULD LAUNCH AN INVESTIGATION AND SEE WHERE THE MISSING FUNDS WERE. On July 20,2011, I received a text from Tmobile stating that my payment was located and it would be applied to my account. I called Tmobile and asked them if they could pay my bill(121.00) with the credit that I had received and refund the balance to me. The agent told me sure we can do that. He also stated that he would have to send me a check for the balance because they couldnt apply it back to my original method of payment. I contacted Tmobile last night and told them that I keep receiving text messages stating that my bill was due and why. I spoke with 2 agents who both stated that there was no record of me calling regarding the refund BUT! they stated that the refund had been denied!? One of the supervisors even hung up on me. I called right back and spoke to another supervisor. She told me that the billing department removed my payment in April and the credit that I received would be applied to the April payment? How was I allowed to go 3 months without paying the April bill? And where was the FIRST payment? The supervisor stated that they did not charge me twice because it was not in their system. I faxed them ALL of the paperwork that they could possibly need! They told me that there was NOTHING that they could do. The supervisor stated that she didnt care what my bank said there was nothing else that she was going to do and my service was disconnected this morning! Please help!!

    • tim

      This is totally different from the possible class action suit.  You need to go to small claims court and/or hire an attorney. 
      You might want to try one more time calling customer service then asking for their legal department.  You may never get there, but let whomever you speak to know that if this issue cannot be resolved within 24 hours you will be forced to take legal action and you will file with the attorney general.  Tell them nicely, as a matter-of-fact, without raising your voice.  And then follow through.  Try to get the names of everyone you talk to.  Good luck.

  • Ajdiaz67

    I Just Cancelled my service with tmobile because of the throttling and payed $200.00 cancellation fee. This Sucks they gave me misleading info about the service. How can i get info about a class action lawsuit? Why would they do this to their customers? 

  • Shamara Boyd

    Anybody find out any info on the lawsuit? I want in! This is b.s email me at shamara.boyd@gmail.com

  • Mkrebs55

    When did t-mobile add the throttle down feature to the unlimited data plan? I believe it was sometime in 2009