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.

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  • 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.

  • http://twitter.com/c0rinne Corinne Mitchell

    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!

  • http://plasmabat.com Batmensch

    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.

    • http://www.aaandroid.com aaandroid

      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.

      • http://www.aaandroid.com aaandroid

        @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.

  • http://www.suffolk757.com Hilton

    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

  • http://hotmallo.com Derek

    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.

  • http://twitter.com/magma9495 magma9495

    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!!!!