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Woman Sues AT&T Over $5,000 Data Bill on 3G Netbook
We're well aware that the phrase "unlimited" doesn't actually mean anything to cell phone providers. Unlimited data plans rarely are that. In fact, most plans come with a hard and fast cap at 5 gigabytes (GB) of data per month, and, if you exceed that limit, you'll get hammered with absurd overage charges. Just ask Billie Parks of Oklahoma who picked up a netbook at Radio Shack for $99 after agreeing to a monthly data plan from AT&T.
Parks is suing AT&T after being hit with a $5,000 bill after going over her monthly data cap. She claims that neither AT&T nor Radio Shack drew enough attention to the cap or mentioned how much the coverage charges would be (though you'd think she would have asked). While AT&T does clearly spell out the cap and charges on its Web site, the nature of the charges are not mentioned in the service summary or contract, which would be presented to a customer signing up in a store.
According to the suit, the service agreements are, "deceptive, misleading and utterly incomprehensible to the average consumer." Parks is seeking to have her account credited the $5,000 and to prevent AT&T from collecting future overage charges.
We won't pass judgment on who is right and who is wrong in this case, but it would be nice to see a cellular provider offer a real unlimited data plan. [From: Network World, Via: Boing Boing]
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Comments
26
Subscribe to commentsAlanMar 8th 2009 1:57PM
Get them for all you can! I want TRUE UNLIM DATA when i pay for it!!!!
SetnevMar 9th 2009 1:53AM
My T-Mobile Data plan is truly unlimited. I have consistently used anywhere from 8-15GB a month on my plan and haven't gotten charged a dime more than im supposed to.
SkywayMar 9th 2009 9:03AM
i dfinantly agree, ATT is super shady with their data plans. Unlimited just means 5gb?? yea sure. tmobile doesn't cap their stuff off, i've dled well over 10gb in a month and never got an overage of any sort
JerryMar 15th 2009 5:40PM
I left ATT/Cingular last fall because of constant robbery. Every time I changed plans, fees I didn't approve crept back onto my bill, and then they would not take them off. I paid Cingular/ATT over 50,000.00 since I became a cell user, and they kept stabbing at me with ridiculous charges, and no concern that I was a good customer. I went to Verizon, where at least have been honest thus far. I despise ATT/Cingular for their deceit and dishonest, and hope this lady gets her money back or a credit, but I doubt ATT cares enough to do the right thing. They certainly did not with me!
Sher StoutAug 2nd 2009 2:48AM
I'm with you! The fine print that most wireless carriers is often misunderstood by the average consumer. The "acceptable use policy" that is attached to all wireless carriers is cumbersome. A new breed of carrier has now launched that has no data caps and a "No Acceptable Use Policy! NO FINE PRINT. What is your take on Buzzirk Mobile? Truly unlimited EVERYTHING for a flat rate of $79.95? As a consumer, I want this......I would like feedback! Trying to do my homework on this but I like what I see!
attsucksMar 8th 2009 7:13PM
Att is the company always trying to get more $$$ out of their customers. And treats their employees that same!!!!!!!!!!!!!!!
CavemanMar 8th 2009 7:31PM
I hope she wins. Enough of all this legalese in this country. No more fine print and misleading wording. These contracts should be like a FAQ. This is what you can and cannot do.
ravensfan55Mar 8th 2009 9:41PM
She won't win. In the fine print of the contract she signed it talks about the 5GB limit.
BobMar 8th 2009 10:37PM
Now this is where the stimulus money should go. Wait or is it poor folks that took home loans they didn't understand, or companies with poor management. I'm so confused. I want to make a bad financial decision other than a bad marriage and have someone bail me out.
xbplaya1122Mar 9th 2009 6:45AM
i hope they win.... unlimited is supposed to be unlimited.... since its not then they cant call it unlimited cause your limited.... this lady has an awesome case she will win, and this will be the next step closer to free internet for everyone which is how it SHOULD be
KARINMar 12th 2009 7:40PM
I hope she wins too, but it's a tough call. I've gotten many coupons and ads from stores claiming that EVERYTHING is on sale, but there is always that pesky little asterisk, and then there is a seemingly endless list of exceptions to the coupon or sale. They seem to get away with it, so I wouldn't be surprised if the phone companies got away with their deceptions, especially if it's written in the contract. I have annoyed many store employees, because I never sign any contract without reading it first.
MadMikeMar 9th 2009 8:46AM
How do you use more than 5GB of data on a netbook? Besides, it would take you 30 days to download 5GB on AT&T's slow, latency ridden 3G network.
Aside from that. The 5GB cap is utterly ridiculous - if for anything to force the wireless companies to get their heads out of their behinds and offer us cheap, fast, low latency and UNLIMITED data plans.
cibrlx01Mar 11th 2009 2:09PM
10 bucks says Windows Update helped a bit.
IanMar 9th 2009 12:48PM
unlimited should be unlimited.
if you have a cap on it you shouldn't be allowed to call it unlimited. thats like an all you can eat buffet but only allowing you to go up to the counter twice.
MadMikeMar 9th 2009 2:33PM
They no longer call it unlimited. AT&T markets it as a 5GB plan. Nevertheless, it's an abysmal amount of data.
ShawnMar 10th 2009 3:01PM
This isn't the first time this has happened with AT&T or any other provider when it comes to data caps, I stories of this all the time its her own fault she didn't read the fine print outlined in the agreement and didn't do enough research or put enough thought into what she was signing up for. AT&T is legally in the clear; although they will probably end up compromising with her and only charging her like a hundred bucks just to keep her happy and to prevent negative PR.
jeremyMar 12th 2009 1:48PM
if she bought it from radio shack i can see how they may have said it was unlimited but NO WHERE does at&t claim it to be unlimited... any paperwork from at&t would have shown 5GB...
SteveMar 12th 2009 6:52PM
Sounds like 15 GB per month or 500MB per day or 10 hours of youtube video per day for 30 days? Article doesn't give upload vs downloads, most providers eg Comcast,Verizon screw you on uploads. Laptop probably had file sharing software on it. AT&T should let her slide and let RIAA sue her for $100,000.
Since now Microsoft media player opens file sharing ports, will Microsoft pick up on the costs of being sued by the RIAA?
uli2000Mar 13th 2009 11:27AM
Alltel (well, whats left of it, the 105 divested markets) still have truly unlimited data, though Ive never used more than 2-3gb/month at most.
cargojackMar 15th 2009 5:05PM
How come THIS woman goes over her limit but all the OTHER people who bought that computer and had that contract did NOT go over?