T-Mobile will buy you out of your contract

[HeavenHarris]

they dont have the best coverage/reception and my phone is very important to me, its one of the few things ll splurge on so im not a tmobile fan. if u can afford somethin better u should go with that tbh, its good if ur in a tight spot doe.

 

[Hotdog]

When you are closing a valve to turn off water....Would you say that the action that you are using is limiting or unlimiting the water?

 

[HeavenHarris]

i wouldnt say ****. snitches get stiches.

just activity streamin bros. carry along.

i think t also depends (maybe a very tiny bit) on what phone ur usin tbh. i know at&t and verizon are optimized for iphones. would def reccommend 1 of those if ur bout dat iLife, and can afford em. tmobile may be worth a trial if u wanna save some $ and runnin android devices..

 

[sirkickyass]

I think kicky is saying that they didnt limit the AMOUNT of data you could use, just the QUALITY of the data

This is correct. Throttling isn't a cap on data, it's a limit on the speed of data over the amount of data you paid for. We spent a lot of time researching throttling as part of a netflix class action lawsuit I worked on, and I can say with a high degree of certainty that Hack didn't have a legal prayer in the world of arguing that throttling his data speed past a quota was the same thing as lying about offering him unlimited data. This is especially true in the case of phone data contracts because even unlimited data plans offer you different data packages where you can adjust your limits on high speed data at additional cost so that these limits are well publicized. In fact, when netflix throttling was an issue cell phone data packages were the specific example used in how to throttle legally. T-Mobile specifically has never hid the ball on throttling. I just went to their website now and the capped data packages are described as follows:

No overages. You will never have overage charges on our network. If you exceed your allotment of up to 2.5GB of high-speed data, your data speed will simply be slowed until your next billing cycle.

T-Mobile does, in fact, offer a high speed unlimited data plan at something like $65 a month, but it sounds like hack instead purchased a capped option and then complained that he wasn't getting the higher end product.

I will maintain that hack never would have made it to court. Virtually all cell phone contracts include mandatory arbitration provisions and those provisions have been in T-Mobile contracts specifically since at least 2004. Further, those mandatory arbitration provisions have been held to be legally binding in virtually all US States.

In terms of "beating it" I wouldn't brag until you're certain that your statute of limitations has run (not sure for contracts in Utah, but in AZ it's 6 years). Other than that I can assure you that they didn't go away because they "knew they would lose." At most they probably determined it would cost more to collect than your contract was worth. American Arbitration Association fees aint cheap. You might have just been too small time to go after.

 

[fishonjazz]

but they DID limit the amount. Slowing down controls the amount.

Holy cow!

How is this so hard to understand.

Thats like a buffett saying you can eat all you want, but we are only going to give you one crumb per day.

Would you say that is still all you can eat food? Good god hell no.

I get your point but since they didnt specify the quality.....
Im mean if i pay for unlimited data from verizon and im trying to watch a long *** movie on my phone and it says buffering for even one second then i guess that they limited me right?

When i opened this very thread it took about 1/4 of a second and i think it should open immediately so they are limiting me.

They say i get unlimited minutes but one time i was on the phone driving up a canyon and the call dropped, so my minutes got limited right.


Technically you are correct about your definition of limiting, but it would depend on the courts definition of limiting...... they might see it as tmobile gave you really crummy internet, but still unlimited.

Im on your side hack, just sayin

 

[Hotdog]

Amazing that you use the word limit to describe what they were doing but try to explain how its not limiting... smh


I know what you are saying. Big print giveth and small print taketh away right?

It just sounds like you are trying to defend it. It effing b.s. kicky.

Also, they did not have all these different plans and explanations about how it works back then. It was one choice. Unlimited data. Thats it. They deliberately tricked people into thinking they could use unlimited data.



awww... eff this argument. Its so dumb..


unlimited means unlimted. Sorry. Dont give an eff what anyone says.

 

[fishonjazz]

but they DID limit the amount. Slowing down controls the amount.

Holy cow!

How is this so hard to understand.

Thats like a buffett saying you can eat all you want, but we are only going to give you one crumb per day.

Would you say that is still all you can eat food? Good god hell no.

Also i have been to an all you can eat buffet before and they ran out of a specific item.... in fact that happens all the time and by definition that is limiting how much of that particular food i could eat

 

[Hotdog]

I get your point but since they didnt specify the quality.....
Im mean if i pay for unlimited data from verizon and im trying to watch a long *** movie on my phone and it says buffering for even one second then i guess that they limited me right?

When i opened this very thread it took about 1/4 of a second and i think it should open immediately so they are limiting me.

They say i get unlimited minutes but one time i was on the phone driving up a canyon and the call dropped, so my minutes got limited right.


Technically you are correct about your definition of limiting, but it would depend on the courts definition of limiting...... they might see it as tmobile gave you really crummy internet, but still unlimited.

Im on your side hack, just sayin

What you are describing is not the same things. Dropping calls and internet slowing down to reception issues is not the same thing as purposely limiting my data and how much I can use.

Sent from my SM-N900V using JazzFanz mobile app

 

[sirkickyass]

I suspect what actually happened with hack is that he happened to get lucky during the ATT/T-Mobile attempted merger. As part of due diligence you have to disclose all outstanding arbitrations and litigations. It was well known that T-Mobile, in an effort to speed the merger along, chose to forgo adding to its litigation count so it wouldn't have to continually produce new due diligence materials on a rolling basis. Specifically they chose not to pursue a multi-million dollar regulatory claim against some Dutch Telecom officials that they likely would have won. The production requirements were enhanced because the attempted merger was subject to antitrust review from the DOJ and the FCC and those agencies were demanding similar document productions.

I'd be willing to bet money that Hack just happened to fall through that particular crack because his case came up for referral during the non-prosecution window.

 

[Hotdog]

I suspect what actually happened with hack is that he happened to get lucky during the ATT/T-Mobile attempted merger. As part of due diligence you have to disclose all outstanding arbitrations and litigations. It was well known that T-Mobile, in an effort to speed the merger along, chose to forgo adding to its litigation count so it wouldn't have to continually produce new due diligence materials on a rolling basis. Specifically they chose not to pursue a multi-million dollar regulatory claim against some Dutch Telecom officials that they likely would have won. The production requirements were enhanced because the attempted merger was subject to antitrust review from the DOJ and the FCC and those agencies were demanding similar document productions.

I'd be willing to bet money that Hack just happened to fall through that particular crack because his case came up for referral during the non-prosecution window.

Now you say that. I think it was close to that time. I remember wondering what would happen after ATnT bought them out since I was with ATnT at the time.

Maybe I did get lucky and fidnt have a chance. But thats only because the laws are a joke and the people that practice law make a mockery of the English language and human morals.

It doesnt change the fact that I am 100% right. What they did is the exact opposite of what they said they were offering. They went against the exact definition of unlimited. It was a bold face lie. And I was willing to take it all the way to court to fight out.

Sent from my SM-N900V using JazzFanz mobile app

 

[TroutBum]

After reading your stupid *** responses, I really wish they had let you "take them" to court. I wish I could have watched the judge's face as you presented "your case", along with all of your "evidence" and "recorded calls" -- whatever, write4u -- and laughed heartily as he threw your case, and you, out on your ***.

 

[Hotdog]

After reading your stupid *** responses, I really wish they had let you "take them" to court. I wish I could have watched the judge's face as you presented "your case", along with all of your "evidence" and "recorded calls" -- whatever, write4u -- and laughed heartily as he threw your case, and you, out on your ***.

Is that right?

Ur dumb

Hows that high interest rate thing going for ya?

 

[TroutBum]

Is that right?

Ur dumb

Hows that high interest rate thing going for ya?

Yes.

True.

Don't know, didn't buy the car.

 

[default]

Hack, the one leg to stand on for you that I see, is that when you are dropped to their 2G signal almost nothing datawise even processes. Based on experience, like 90+% of web sites will not even open on TMobile's 2G service. You pretty much can only text and make voice calls. By definition, they are only dropping the quality of the signal, but in reality on THEIR network dropping you to 2G (3G does not exist on T-mobile) in effect eliminates your ability to use the internet which is essentially dropping that entire component of your legal contract with them.

 

[TroutBum]

Hack, the one leg to stand on for you that I see, is that when you are dropped to their 2G signal almost nothing datawise even processes. Based on experience, like 90+% of web sites will not even open on TMobile's 2G service. You pretty much can only text and make voice calls. By definition, they are only dropping the quality of the signal, but in reality on THEIR network dropping you to 2G (3G does not exist on T-mobile) in effect eliminates your ability to use the internet which is essentially dropping that entire component of your legal contract with them.

This is pretty much the argument I had with their customer service reps. It took way too much time and effort before I finally got someone who kind of got it. Too little, too late though.

 

[sirkickyass]

Hack, the one leg to stand on for you that I see, is that when you are dropped to their 2G signal almost nothing datawise even processes. Based on experience, like 90+% of web sites will not even open on TMobile's 2G service. You pretty much can only text and make voice calls. By definition, they are only dropping the quality of the signal, but in reality on THEIR network dropping you to 2G (3G does not exist on T-mobile) in effect eliminates your ability to use the internet which is essentially dropping that entire component of your legal contract with them.

This is a better argument, but given that a fair number of data-based services (e-mails, google life-tiles, networked games that primarily are processed on your local device) will all work with essentially no interruption it's still not sufficient to win any arbitrations.

I actually just added a line on my T-Mobile account yesterday (turns out after you get married it's cheaper to bundle things, who knew?) and, without me saying anything, the sales rep specifically explained the data plan to me including using the word throttling. Of course, this was as part of an offer to upsell me to true unlimited data but still.

It's fair to say that you'd prefer to pay overages than have your data throttled. I don't think it's unreasonable to say that other services are better. It is, however, kind of ridiculous to blame your service provider because you didn't read your contract and/or didn't care to understand what you were buying.

 

[bigb]

I actually just added a line on my T-Mobile account yesterday (turns out after you get married it's cheaper to bundle things, who knew?) and, without me saying anything, the sales rep specifically explained the data plan to me including using the word throttling. Of course, this was as part of an offer to upsell me to true unlimited data but still.

You could have done that before you got married. We have four lines on my account: me, my wife, my dad, and my sister. They were on T-Mobile when we switched and it was cheaper to bundle us all. We take the full amount (before add-ons) and divide it equally, then everybody pays for their own add-ons. We all save about twenty bucks each.

 

[Jason]

I think this statement in the fine print of the following page pretty much gives them an out regardless.

" Network Management: : Service may be slowed, suspended, terminated, or restricted for misuse, abnormal use, interference with our network or ability to provide quality service to other users, or significant roaming."

https://how-to.t-mobile.com/unlimited-nationwide-4g-data/

That said, we dropped att Saturday and switched to tmobile. Pretty much started when I saw this thread. Hate att. Got the whole family new phones and pay less!

Sent from the JazzFanz app

 

[Hotdog]

They were right and you were wrong. Throttling is not a cap and you weren't charged for overages for your plan. The high-speed data cap is adjustable.

Also, how the hell are you using that much data? Is your phone your primary device for watching video? The Madame is practically glued to her phone all day and never goes over 2GB.



Not only would you have lost, you never would have made it to court. Your contract assuredly requires mandatory arbitration.

This is correct. Throttling isn't a cap on data, it's a limit on the speed of data over the amount of data you paid for. We spent a lot of time researching throttling as part of a netflix class action lawsuit I worked on, and I can say with a high degree of certainty that Hack didn't have a legal prayer in the world of arguing that throttling his data speed past a quota was the same thing as lying about offering him unlimited data. This is especially true in the case of phone data contracts because even unlimited data plans offer you different data packages where you can adjust your limits on high speed data at additional cost so that these limits are well publicized. In fact, when netflix throttling was an issue cell phone data packages were the specific example used in how to throttle legally. T-Mobile specifically has never hid the ball on throttling. I just went to their website now and the capped data packages are described as follows:



T-Mobile does, in fact, offer a high speed unlimited data plan at something like $65 a month, but it sounds like hack instead purchased a capped option and then complained that he wasn't getting the higher end product.

I will maintain that hack never would have made it to court. Virtually all cell phone contracts include mandatory arbitration provisions and those provisions have been in T-Mobile contracts specifically since at least 2004. Further, those mandatory arbitration provisions have been held to be legally binding in virtually all US States.

In terms of "beating it" I wouldn't brag until you're certain that your statute of limitations has run (not sure for contracts in Utah, but in AZ it's 6 years). Other than that I can assure you that they didn't go away because they "knew they would lose." At most they probably determined it would cost more to collect than your contract was worth. American Arbitration Association fees aint cheap. You might have just been too small time to go after.

I suspect what actually happened with hack is that he happened to get lucky during the ATT/T-Mobile attempted merger. As part of due diligence you have to disclose all outstanding arbitrations and litigations. It was well known that T-Mobile, in an effort to speed the merger along, chose to forgo adding to its litigation count so it wouldn't have to continually produce new due diligence materials on a rolling basis. Specifically they chose not to pursue a multi-million dollar regulatory claim against some Dutch Telecom officials that they likely would have won. The production requirements were enhanced because the attempted merger was subject to antitrust review from the DOJ and the FCC and those agencies were demanding similar document productions.

I'd be willing to bet money that Hack just happened to fall through that particular crack because his case came up for referral during the non-prosecution window.

https://www.latimes.com/business/la-fi-ftc-att-suit-20141029-story.html

The FTC is suing AT&T for doing the same thing Tmobile was doing to me.


So much for "it will never make it to court" eh Kickky? Looks like you aren't a very good lwayer.

 

[Dr. Jones]

I monitored my credit closely through the whole thing. I still do. Nothing ever has come up. Its been 4 years now since that whole thing. I keep an eye out for it, but I kinda doubt they will keep trying. They arent as resilient as Verizon. Im not sure what your case was but maybe Verizon believed they had a case. Ive never noticed any issues with their data. Tmobile knows exactly what b.s. they were pulling. I literally begged them to take me tp court over it. I even would send back letters telling them I was ready for court. I told them I had numerous commercials recorded with their unlimited advertising b.s. and a bunch of other evidence of them throttling my data. I made recordings of me using my phone. I kept letters. I recorded phones calls with them. I had everything I needed. I was ready to go to court. No matter the cost. I truly believe I would have won. They did the exact opposite of what they were advertising. They were literally limiting my data when they were advertising unlimited. It only took about a week into the new billing cycle for them to throttle me too. So 3 weeks out of the month my smart phone was completely useless. Throttling basically shuts your data off. You cant even use maps. Thats how bad it was. For 3 weeks my smart phone was no better than a flip phone.

I think they knew they had no case. Which is why they never followed through. Seriously, how hard would it be to argue that case? Its pretty cut and dry. The definition of unlimited is pretty clear.

There was also a class action lawsuit at the time that was pending during all this. Many people had gotten together to fight them over this. I never followed up on what happened on that, but Im sure it helped me some. They must have been told they would lose, so they dropped t






https://www.latimes.com/business/la-fi-ftc-att-suit-20141029-story.html

The FTC is suing AT&T for doing the same thing Tmobile was doing to me.


So much for "it will never make it to court" eh Kickky? Looks like you aren't a very good lwayer.

a good wut?