what lawyer to contact about data throttling

What is data throttling and how does it affect you?

Data throttling is the practice of wireless carriers to slow down your cellular data speeds after you’ve exceeded your data limit. Your data limit depends on which cell phone plan you’ve signed up for.

Is there a plan that doesn't throttle the speed of cellular data?

Yes, there are some plans that won't throttle the speeds of your cellular data. However, plans that don't throttle data often charge overages — meaning that if you exceed your data cap, they'll begin charging you for the extra data you use. As you can imagine, this can get very expensive very quickly.

What's the difference between data throttling and deprioritization?

While data is typically throttled once you've used a certain amount of data, deprioritization often occurs when you're trying to use data in a crowded area where many others are trying to use data at the same time. Certain cell phone carriers will prioritize customers on more premium plans over customers on standard plans.

Why are cell phone providers misleading consumers?

It has been alleged that a number of cell phone providers are misleading consumers about "unlimited" data plans because the companies are slowing down Internet speeds after customers use a certain amount of gigabytes (GB) per billing cycle. As a result, smart phone users are complaining that their plans are not truly "unlimited" and ...

What happens if you cancel your cell phone service?

By filing a lawsuit, you may be able to prevent your cell phone provider from throttling your “unlimited” data and misleading other customers about the company’s service. Furthermore, if you canceled your cell phone service after having your “unlimited” data throttled, you may be able to recover compensation for any early contract termination fees ...

Is AT&T still pending?

Because the FTC lawsuit against AT&T is still pending, AT&T customers will have to wait until the case has been resolved to see if they could collect compensation for the cell phone provider’s alleged false advertising. If AT&T agrees to a settlement, consumers can apply for a refund through the FTC’s website.

Is AT&T a company?

AT&T isn't the only company, however, that has been accused of misleading advertising. Attorneys would like to hear from customers using cell service providers other than AT&T to determine whether additional lawsuits could be filed. Attorneys are investigating claims that several cell phone providers are misleading consumers about their “unlimited” ...

Is data throttling illegal?

In most cases, data throttling is not illegal. The FTC, however, has said that throttling may be illegal when “it’s done in a way that is deceptive or unfair” and, in October 2014, sued AT&T over concerns that the company may have deceived customers about its “unlimited” data plans.

What is data throttling?

Data throttling is the practice of wireless carriers to slow down your cellular data speeds after you’ve exceeded your data limit. Your data limit depends on which cell phone plan you’ve signed up for. Carriers often used to let you continue using high-speed data after you exceeded your data limit, but then they’d hit you with overage charges.

How to avoid slow data speeds?

Another surefire way to avoid slow data speeds is to switch to a plan with more cellular data. Most unlimited data plans don't throttle speeds until you've used 22 or 23 GB. Some plans don't throttle until you've used 75 GB! If you don't want to pay for a more expensive cell phone plan, there are ways to cut back on data usage.

Can you use cellular data after exceeding your data limit?

Carriers often used to let you continue using high-speed data after you exceeded your data limit, but then they’d hit you with overage charges. Those overage charges were usually quite expensive and led to some very high cell phone bills. Today, the common practice is to let you keep using cellular data, but to slow your speeds down.

Is throttled data faster than 4G?

Data speeds can be throttled anywhere from 2G to 3G speeds. In other words, it’ll be much slower, especially if you’re used to using 4G LTE data .

The Internet Changed the World

The internet has come a long way. Not too many years ago, the best folks could hope for was dial-up using the phone lines and a modem. Now we have high-speed broadband services with Wi-Fi. We also have wireless access on our smartphones.

Net Neutrality in the United States

As the internet has grown, so has government involvement. The FCC (and to some extent, the Federal Trade Commission) regulates the internet. One of the major issues the FCC faces today is net neutrality.

Disputes With Your ISP

As a practical matter net neutrality doesn't help you if your internet service goes out or your ISP overcharges you. We all have heard stories or have one of our own.

What Are Your Options?

When you signed up for internet service with an ISP, you entered into an agreement with them. That agreement defines your rights and responsibilities. Your ISP wrote your subscriber agreement, not you, so you won't be surprised to learn that they are typically very one-sided and favorable to the ISP. Your options are limited.

Option One: File a Lawsuit in Small Claims Court

Depending on your ISP and the amount in dispute, you may be able to bring a lawsuit, but only in small claims court. Almost all major ISPs (e.g., Verizon, AT&T Inc., Frontier, Optimum, Spectrum, etc.) include such a restriction in their terms of service.

Option Two: Pursue Arbitration

Arbitration may be your best (or only) option, particularly if your claim is large. Arbitration is a process by which the parties to a dispute hire an impartial third party (an arbitrator) to resolve it without a judge being involved. Arbitration can arguably be a cheaper, simpler, and faster way of getting a final decision.

Option Three: FCC Complaints

You may not get satisfaction in either a small claims court or through arbitration. You have another option: You can file a complaint with the FCC.