k1ll3rdr4g0n
join:2005-03-19
Homer Glen, IL
| They advertise it as such because no one reads fine print
All the ISPs bury it in the TOS because no one reads TOS agreements. Everyone signs things to their hearts content, but even though it is in the TOS, doesn't give the ISP the legal ability to do it...but they can still use it as an excuse. I mean you want the service, and not everyone can afford a lawyer on demand so...most people just sign.
quote:
That's why it's surprising to see carriers still trying to get away with it (and succeeding). During their recent launch of the much ballyhooed HTC G1, T-Mobile's advertising proclaimed that users get "unlimited web access." We were the first to notice that buried in the fine print was the fact that users who consumed more than 1GB per month could find their service throttled back to 50kbps or less.
I see nothing in there about a cap, do you? I see that as "unlimited web access" as at 50kbps you can defiantly surf pretty well on the web (minus of course streaming content/other third party content). Coming from a person who dial-up most of his life, you will find a way to use it. And it doesn't say the internet service will be denied, it just says it will be throttled.
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advertising a limited service as unlimited is still false advertising.
Finally, the lightbulb clicked in someone's head.
Now if we can only get other people to realize this and "fight" back, we might have a chance to slap the providers in the face  .
If a service is advertised as unlimited, and you are told that there is limit with a nice phone call. Contact your local Attorney General and have a nice chat with him about it.
If a service is not advertised as unlimited but no clear cap was set, and you get a call saying you hit the limit (as comcast used to too) also call your local AG or a lawyer. Even though they try to hide behind legalese, it still doesn't give them the right to boot you without disclosing what the limit is AND what your usage is. It will be a simple court case:
Judge: "Lets see where in your TOS it says that the limit is X and how much he used." Even though the law isn't clear cut, when you are missing specifics like that, it really weakens your case. Even if it may say something like "...reserves the right to disconnect service after non-normal data usage."
Well what is non-normal data usage?
Why can my neighbor use more data than me?
ect ect... |
