T-Mobile sued over capped "unlimited" data plan

General

A California smartphone user has filed a class-action lawsuit against his wireless provider, T-Mobile USA. The plaintiff became upset and sought legal council after T-Mobile sent him the following message:

Your data usage in this billing cycle has exceeded 10GB; Data throughput for the remainder of the cycle may be reduced to 50kbps or less.

According to the lawsuit, the plaintiffs phone became “virtually useless” after his data speeds were throttled, and the user is now stuck in a 2-year contract with the not-really-unlimited mobile provider. Regardless of your feelings on this particular filing, it will be interesting to see how the case is ruled. A judgement in the classes favor could spur a tidal wave of similar suits as many U.S. carriers tout “unlimited” data plans that actually have a data cap. Any guesses on how the plaintiff hit 10GB of data in under a month? Our guess is pictured above.

Read

165 Comments
  • anan

    i don’t feel like reading this entire post. but i hope someone has corrected the people who just don’t get it.

    STOP COMPLAINING ABOUT “UNLIMITED SHOULD BE UNLIMITED.” WITH TMOBILE IT IS. IF THEY SLOW DOWN THE SPEED IT IS STILL UNLIMITED.

    please find another way to argue against tmobile and stop repeating the same flawed argument over and over again.

    here is an example of a possible argument. tmobile has limited his speed which means that over a given amount of time, lets say a month, there is less data available to be downloaded.

    still a flawed argument though. because everyone is limited to a matter of time. and again it is in the contract that when you go over a certain amount your data speed will be slowed down.

    regardless of this argument being good or not, it is still not the same old argument i have read here too many times.

    the retard who started this law suit obviously either didn’t read his contract or just doesn’t care what it said. and now he is upset that he got caught abusing a system.

    tmobile needs to take his f__ing a_s down.

  • http://boygenius zman

    Here is my case. I understand that they reduce the speed but my speed is around 0.2KB/sec and despite my protest they do nothing. That is just wrong and I want a better service

    • Brandon

      Than pay for better service.

  • jman

    at least don’t throttle the speed down to under dialup speeds…jeez

  • Glen

    I honestly hope he wins this case and tmobile has to offer a truly unlimited plan. I just received a similar message and I am nowhere near 10GB in data use yet. I would gladly pay an additional 5 bucks per month to have a truly UNLIMITED data plan.

    • Brandon

      No one is going to offer mobile data at those rates unless its via WiMax through Clear. I believe T-Mobile is the last “unlimited data” holdout, and folks who abuse it (you know, using 5-10GB+ of data month) are going to push them to charge per GB like everyone else.

      • Gerard Manzanares

        WiMax is throttled and the company is being sued by many people.

  • http://www.facebook.com/trlinde trlinde

    Many of the internet provider, especially those such as Direcway & Dish Network have long had Fair Access Policies where they tell you that if you go over a limit you get throttled back. However most providers are not as up front about it as the two mention. Also you may not in all provider contracts they say they will provide up to a certain speed, what they don’t tell you is there is no limit on how slow they can go either. This is true of ANY data provider. There are NONE that will tell you they will provide at least xxMbps of speed.

  • Danwat1234

    10GB is NOTHING these days. It is time that these cell phone networks man up and offer something reasonable, like 100GB or more per month

  • SanDiegoBartender

    I was wondering why my Galaxy S is now barely getting a trickle of internet.. Then I checked my data usage for the month. Wow!!! See the screenshot I attached below:

  • Ucidalin

    When I signed up it was advertised as a Unlimited 4G Data plan. How can reducing to 50kbps be considered 4G?

  • Debalicious505

    Ok for you dirty bastards defending these greedy dogs like tmo,let me ask you this: if god said you could live forever,you would think he meant perfect immortality right? But then you reach age 60 and you cant move anymore and he says “oh I forgot to tell you,you will live forever,youll just be a quad for eternity after a certain age”. Wouldnt you feel cheated too?

  • Soler61

    Data throughput for the remainder of the cycle may be reduced to 50kbps or less, what u can do at this speed?

  • 3567hhj

    If im able to download 50Gb a month with the true unlimitated and now i download 10gb cause it slows down…how is thats not limited.?

  • Wuzupchuck

    I find it amazing that people are fine with T Mobile touting their ” Truly Unlimited Plan” when nothing could be farther from the truth.  Are we so used to being lied to thru false advertising, and fine print, that we expect to get ripped off in the first place? Personally, I am sick of it.  Screw T mobile, and any company that misleads its customers.  They are in breach of contract by limiting their “Unlimited Plan”, I’m going to Verison.  Their plan really is “Unlimited”

  • Gerard Manzanares

    I hit my two gig cap in 3 days. I’ve NEVER thethered my phone and I was connecting it to WiFi as soon as I got home. The tmobile rep told me that I can upgrade to 10 gigs for $20 more per month, but I would have to extend my contract by two years. For what? So I can hit the 10 gig cap in two weeks?

  • Magnew2004

    I think that this is all about wording. When I heard Unlimited Data I thought wow, thats a good deal. I can watch Youtube, FB a little, watch a movie, download, whatever whatever. I am not very technical savy, especially with phones. I got the 5G cap, which I didn’t know about. When I went out of town I used my Google Maps and Telenav (Cleveland OH to Birmingham AL, 16 hours driving). When I got to my destination I was tethering (a feature I learned about through a sales assoc) alot, which I pay the extra $15 for. About a week or so before the start of my next month service I noticed my speed was drastically slower than normal. I didn’t get a message or anything. I called T Mobile several times complaining about the speed, did rigorous troubleshooting and nothing; they didnt even tell me about the cap. I just dealt with it until my plan started over. Walaa – its fast again. later that month it slowed down but this time I got the warning message – WTF is this. I learned that there is a cap on my data – too much usage and its slowed down. Wait – I thought it was unlimited. Yes, while it is unlimited, there is a cap on the amount you use. Then its not unlimited – yes it is. They just have people thinking they can Youtube and download all day and night – wrong. Honestly, who reads the contract – I dont. They fool you with the signs and advertisements about Unlimited Data – in reality its Unlimited Data with Limits. Just tell us ahead of time – stop misleading and be honest and up front – maybe you’ll get your JD Power award thingy back!

1 2 3 4
blog comments powered by Disqus