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AT&T Data Throttling: Carrier Clarifies Policy Of Slowing Speeds For 'Unlimited' Subscribers

Att Data Throttling

PETER SVENSSON   03/ 1/12 07:05 PM ET  AP

NEW YORK — AT&T Inc. backed away from an unpopular service policy after smartphone subscribers complained that the company placed unreasonable limits on its "unlimited data" plans.

The cellphone company said Thursday that it will slow down service for "unlimited data" subscribers after they reach 3 gigabytes of usage within a billing cycle.

The change relaxes a previous policy under which AT&T had been throttling service when subscribers entered the heaviest 5 percent of data users for that month and that area.

Under the now scuttled program, there was no way for subscribers to find out what the limit was ahead of time. AT&T would send a text message warning to people who approached the limit. The data throttling would then kick in a few days later. Thousands of subscribers complained about the policy online.

"Our unlimited plan customers have told us they want more clarity around how the program works and what they can expect," AT&T said in a statement Thursday.

According to a 2011 Nielsen study, the average smartphone user consumes about 435 megabytes of data each month. A person would have to use roughly seven times that amount to hit AT&T's 3 gigabyte throttling milestone.

An Associated Press story two weeks ago cited subscribers whose data service had been throttled at just over 2 gigabytes of data use. The story included others who had received warnings that throttling was imminent. The 2 gigabyte barrier was lower than AT&T's current "limited" plan provides. One person said his phone was practically useless for two weeks out the month because the data service was slowed so drastically.

AT&T stopped selling "unlimited data" plans nearly a year ago, but existing subscribers were allowed to keep it. The company charges $30 per month for the plan, the same amount it charges for 3 gigabytes of data on a new "tiered" or limited plan.

AT&T has about 17 million "unlimited" smartphone subscribers, most of whom use iPhones.

AT&T's reversal comes less than a week after iPhone user Matt Spaccarelli won a small claims lawsuit against the company for slowing down his service. A Simi Valley, Calif. judge awarded Spaccarelli $850, agreeing that "unlimited" service shouldn't be subject to slowdowns. AT&T argued that it never guaranteed the speed of the service, just that it would provide unlimited downloads. The company said it will appeal the decision. It bars subscribers from bringing class action suits.

As part of the new policy, the Dallas-based phone company said subscribers with "unlimited" plans and smartphones capable of using the new "LTE" data network would see the slowdown at 5 gigabytes rather than three. The LTE network is faster and doesn't have many users yet.

T-Mobile USA is already up front about the usage levels where throttling kicks in for its data plans. Verizon Wireless has a "5 percent" formula similar to AT&T's, but doesn't throttle unless the particular cell tower a heavy user is communicating with is congested at that moment. By contrast, AT&T and T-Mobile throttle speeds for the rest of the billing cycle, regardless of local conditions. Verizon's policy has drawn few complaints.

Alone among the Big Four national wireless carriers, Sprint has an unlimited data plan that isn't subject to throttling. However, it reserves the right to cancel service for those who use excessive amounts of data.

In a similar incident last fall, Verizon abandoned a planned fee for settling phone bills through last-minute credit-card payments after customers complained.

Earlier on HuffPost:

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01:27 PM on 03/17/2012
Verizon does the same thing... They should all be sued!
08:38 AM on 03/05/2012
Why is it more advanced countries don't have this problem and offer faster service and cheaper prices? Instead of improving their networks and allowing users to take full advantage of all the wonderful things these smartphones are supposed to do.
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Post31
Good grief!!!
10:21 AM on 03/04/2012
I wish I could sell hamburgers and half way through people's burger take it from them and be like sorry rules changed.
06:32 PM on 03/04/2012
Everyone should go to change.org and sign the petition going for AT&T's money hungry tactics. At last check the total signed was over 50000 and climbing. I may not make a difference but I would like to say I put forth some effort to get what I signed up for many years back. UNLIMITED is UNLIMITED data isn't data if you don't have the speed to use it....
Pass this on to everyone..who knows maybe something will happen. Just a quick note to let you know how truely full of it they are I spoke with someone from the President of At&t's office after they received my FCC complaint. He told me that anyone on a tiered plan could use as much data as they want because "they" were paying for it and that money would go toward research and development to fix the current issue at hand.. all I heard was PAID FOR...nothing about any excess usage from them being a problem..
04:30 PM on 03/03/2012
Everyone does false advertising. One peculiar one is Cable One. They are guilty of the same practice they accuse AT&T.
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alewis14151
Spiritual grump
10:35 AM on 03/03/2012
We've been with AT&T since 2000, currently spending more than $3,000/year on our cell phone service and, late last year, a Laptop Connect mi-fi unit. Our account was described as GPRS DATA CONNECT ALL10 UNLIMITED, but I just had to try out the new iPad I'd gotten for Christmas by watching a Netflix movie. Immediately I had an email message saying I was approaching my 5Mb limit (huh?), then the mi-fi unit was blocked, stopped cold, not throttled.

I called AT&T, naturally, looked at our account and saw the UNLIMITED data specification, and the AT&T rep agreed, told me the unit would be restarted. A week later, same thing, same conversation with AT&T and the unit was again restarted. I printed out the page of our account confirming the unlimited status of the account. A few days later, AT&T called, said that they hadn't had unlimited accounts since 2008 (the date varied in various conversations), but that we could agree to pay, in addition to the standard $50/month, another $10 for each Mb in excess of 5Mb. Reluctantly, I agreed, but now I see that I was suckered into that. Tried today to have the account returned to unlimited status. No joy, no hope of that, apparently.
12:57 AM on 03/03/2012
False advertising, no surprise, considering the source.
06:30 PM on 03/02/2012
Correct me if I am wrong, but is that not considered deceptive trade practices? For a company to admit to such a claim, opens the door to a major class action lawsuit, or a bunch of separate law suits due to unfair and deceptive wording in the sellers contract.
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08:34 PM on 03/02/2012
In the AT&T contract, you give up your rights to be in a class action lawsuit. Which is one reason it went to a small claims court.
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Tony Twohill
12:52 AM on 03/04/2012
And to add onto ewj1:
The US Supreme Court has found it perfectly legit for a contract to include individuals signing away their class action rights using AT&T as their basis.
Just in case you were wondering, that vote went exactly as you'd expect, 5 to 4 right down party lines.
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van CA
03:15 PM on 03/02/2012
netflixed.
Rexter
Question everything.
01:47 PM on 03/02/2012
Alot of the folks using 3gb of data a month are tethering their phones to a laptop and using their phones as a modem to connect to the internet. This practice produces data streams far in excess of what an unlimited data plan intended for a phone was meant to provide.

It would be quite simple to prevent this practice by analyzing the data streams with real-time software policies that prevent this from occurring. A phone uses different agents than a laptop, agents are what make requests. If real-time monitoring of their mobile network indicates Internet Explorer 8 is making requests, it's obviously from a laptop, so block those packets or requests. There are other "agents" unique to a laptop that don't exist on a phone - block those too.

If after employing these controls users still hit 3gb with just the phone, that would qualify as unlimted data.. ATT isn't to smart about managing their networks. You would think they would roll network or router control policies out ahead of an unlimited data plan.
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TaiJi2
12:21 PM on 03/02/2012
Here, have all the data you want...... one ....... byte ...... at ...... a ..... time ........

What?!!!
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Jose Hill
Predictor...has a good ring to it.
11:36 AM on 03/02/2012
This is why I hate AT&T. If I have paid for "Unlimited" data, then I want unlimited data. It makes me wanna throttle them.
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Ray Wigton
10:41 AM on 03/02/2012
Don't you just love AT&T? Their internet connection is no better than their phone service.
10:47 AM on 03/02/2012
You mean, the new ol' Ma-Bell?
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jasonedward
All ways are my ways.
12:32 PM on 03/02/2012
There's nothing of the ol' Ma-Bell in this new Ma-Bell.

AT&T Wireless was acquired by Cingular, the baby of 2 baby bells. Those two baby bells then went on to purchase Ma-Bell and rebranded everything to Ma-Bell, creating a reputation that really didn't exist anymore.
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Weareonenow
Your Reality is a function of your mental software
10:37 AM on 03/02/2012
At&T"S "unlimited" Data plan reminds me of "American freedom &Democracy" its only true until you try to use it fully!
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azted123
09:40 AM on 03/02/2012
just another reason to go to another vendor. Unlimited means just that. Hey when you are that big and trying to get bigger anything goes. Think long before buying there system.
08:22 AM on 03/02/2012
This company is about as bad as Bank Of America....Look at your bill sometime and all of the add on fees....The govenment lets these companys get away with murder....