yes, Anne, I can see your point, but there was nothing in my
contract that said that ATT would deliver a certain speed,
however, it also did not say that my speed would be cut when/if I
hit a particular threshold. Thus, any cut in speed is a breach of
contract. that is in my opinion what caught ATT on this one.
Kelly Todd
----- Original Message -----
From: AnneL
To: apple-iphone@yahoogroups.com
Sent: Saturday, February 25, 2012 2:33 PM
Subject: Re: [apple-iphone] iPhone user successfully sues AT&T
over 3G throttling
> however, to deliberately sabotage a customer's ability to use
the service
> is another matter entirely.
I haven't read the court's full decision, but I would imagine
that it's not
the throttling itself that caused the ruling, but throttling an
"unlimited"
customer at a lower level than people on tiered plans are
allowed to use
unrestricted. I imagine that if AT&T established their "top 5%"
number and
then throttled *all* data users at the same data point, the
court's decision
might have been different. I imagine it's the fact that the
unlimited users
are singled out for throttling at a threshold that caused the
ruling. If
"unlimited" users are throttled more tightly than tiered plan
users, then
that constitutes a limitation since it's not being applied
across the board.
At this point, as I see it, AT&T has four options:
1. Appeal the ruling and fight it out in court, which means
either AT&T
wins and nothing changes, or the customer wins and AT&T is stuck
with the
other choices below
2. Stop throttling unlimited plan users at lower thresholds than
the
highest level tiered plan
3. Pick an arbitrary "top 5%" level and throttle everybody,
regardless of
plan, when they reach that level
4. Cancel the unlimited plans altogether and force customers to
go to a
tiered plan.
Since there's only one outcome in four that ends well for me, as
an
unlimited user, chances are that when all the dust clears I'll
end up
jumping ship to another carrier, likely Verizon, who also
throttles, but
much more reasonably -- they only throttle those using a
particular tower
when THAT tower becomes congested, and they stop throttling as
soon as the
congestion eases, usually a matter of hours or even minutes,
rather than for
the rest of the billing cycle as AT&T does.
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