Techdirt. Stories filed under "unlimited"

Why Aren't More Companies Sued For Bogus 'Unlimited' Service Claims?

Mike Masnick — Wed, 11 Aug 2010 21:08:52 PDT

With the news that a lawsuit has been filed against T-Mobile for advertising "unlimited" smartphone data service that's really limited to 10GB, it raises an important question: how come we don't see more lawsuits like this? For years we've pointed out that all these services marketing offerings as "unlimited" when they're really limited certainly must be violating truth in advertising laws -- but for some reason, you almost never hear of any actual lawsuits against these companies. Now, it's probably difficult to show that the difference caused much harm, but you would think that, at the very least, the FTC would step in at some point to point out that calling a limited service "unlimited," is not allowed.

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MTA Pretends 'Unlimited' Means 90

Mike Masnick — Wed, 14 Jul 2010 21:44:33 PDT

We've seen how broadband providers and mobile carriers have regularly been confused by the term unlimited, and now it appears that the New York Metropolitan Transit Authority (MTA) is going down the same road. To deal with its budget crunch the MTA is planning to say that its unlimited ride cards are actually quite limited. A monthly "unlimited" card will get you 90 rides. A weekly one will get you 21 rides. Basically, "unlimited" means 3 rides per day. As someone who spends a lot of time in NY, and frequently gets unlimited weekly cards, I know I use it more than 21 times in a week, especially when I'm bouncing around from meeting to meeting during a day. The MTA might want to be careful, of course. Companies have been fined for falsely stating unlimited when things are not actually unlimited.

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AT&T's Bait And Switch On iPhone Unlimited Service: We Screwed Up, So Now You Have To Pay More

Mike Masnick — Wed, 9 Dec 2009 19:22:00 PST

There's lots of buzz going around concerning the news that an AT&T exec has admitted that to deal with the companies own inability to build out a strong cellular network (angering tons of iPhone users), that it's planning to put in place caps and charge more to high-end users. Of course, this is pure bait and switch. The company sold people on an unlimited data plan, failed to invest in its network, and pushed high bandwidth apps on people. And, of course, it's worth noting that while they now want to charge high bandwidth users more, they don't say anything about the low bandwidth users. No one gets a discount. AT&T is making a ton of money off of the iPhone. It could have -- and should have -- invested more of that into network upgrades. Now it's blaming its most loyal users -- the same ones who it recommended high bandwidth apps to -- and expecting that everyone will be happy with that? AT&T may discover that people start looking for other alternatives if they dump the unlimited data offering that they sold people.

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Again? Wal-Mart's Straight Talk 'Unlimited' Mobile Data Plan Actually Quite Limited

Mike Masnick — Tue, 20 Oct 2009 11:11:58 PDT

And I thought the days of companies claiming "unlimited" data plans when they really were very very limited had died out after Verizon Wireless got fined and started backing away from claiming "unlimited" data for plans that were actually quite limited. However, with Walmart teaming up with TracFone to offer the misleadingly-named "Straight Talk" mobile phone service, some are noticing the return of very limited mobile data offers advertised as "unlimited." As is pointed out in that link, beyond simply being flat-out wrong and more than a bit deceiving, it's pretty ridiculous for a brand called "Straight Talk" to lie in its advertising, and hide the details in the very very fine print.

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Customer Discovers T-Mobile's 'Unlimited' SMS Plan Not So Unlimited Thanks To $26,000 Bill

Mike Masnick — Tue, 28 Apr 2009 07:32:00 PDT

It's getting rather ridiculous to keep seeing companies offer "unlimited" services, only to later find out that they're not unlimited at all. Yakko Warner points out that this just happened to one guy in Pennsylvania, who along with a friend, tried to beat the world record for most text messages in a month (182,000) by messaging each other back and forth. They figured they were fine, because they each had unlimited text messaging plans, but after one of them sent 140,000 messages, he received a bill for $26,000 and learned that, for T-Mobile, "unlimited" actually means 100,000, and those additional 40,000 messages cost quite a pretty penny. To T-Mobile's credit, the company has agreed to let the charge slide, but it makes you wonder why it has that cap in the first place if it's advertising the service as unlimited (and then ignoring the cap when people pass it). Why not actually remove the limit?

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If You Sell An Unlimited Plan, Why Are You Telling Me It Will Be Limited?

Mike Masnick — Fri, 19 Dec 2008 07:35:00 PST

After plenty of complaints (and whispers about potential legal troubles) a lot of US wireless carriers have backed off from calling very, very limited data plans "unlimited." Apparently, the discount wireless provider Cricket wasn't informed that when you say unlimited, you actually are supposed to mean unlimited. lavi d writes in to point us to Cricket's highly publicized "Unlimited" data plan. You see, right there at the top, it even highlights in orange that it's UNLIMITED. It's only after you go through all the fine print and get almost to the bottom that you see this:

Throughput may be limited if use exceeds 5GB per month. Internet browsing does not include: hosted computer applications, continuous web camera or broadcast, automatic data feeds, machine-to-machine connections, peer to peer (P2P) connections or other applications that denigrate network capacity or functionality.

I don't want to be too presumptuous about the definition of "unlimited" but when you say quite clearly that the plan "may be limited," one would have to think that you're outright lying when you call it unlimited. Whatever happened to truth in advertising?

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T-Mobile Sends G1 Android Data Users To The Slow Lane: 50kbps Over 1 Gig

Mike Masnick — Tue, 23 Sep 2008 15:10:27 PDT

There's a ton of predictable press coverage and reviews of T-Mobile's new G1 phone -- the first commercially available phone that uses Google's Android operating system -- but Broadband Reports has dug through the fine print of the user agreement and noticed something rather interesting. While the marketing materials scream out about a $25 "unlimited" data plan, the fine print notes that if you go over 1Gig per month, the rest of your data traffic that month may be slowed down to a piddling 50kbps. So, before you get that G1 and plan to surf away, recognize that while, unlimited, T-Mobile apparently has no intention of letting you actually surf with any reasonable bandwidth after a certain point.

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Telus Kicks Customers Off Of Unlimited Plan It Sold Them Not Too Long Ago

Mike Masnick — Wed, 27 Aug 2008 16:01:00 PDT

For the last few years, various connectivity providers sold "unlimited" data plans when the reality was the plans weren't unlimited at all. Many providers are now changing the plans and instituting more clear caps, but it still seems a bit ridiculous to have marketed unlimited data plans and then pulled the rug out from under those who bought exactly what you sold them. Up in Canada, it seems that TELUS is taking it a step further. Not only did it sell people "unlimited" plans that it now regrets, it's exercising some vague language in its contract that allows them to simply cancel the plans of those who had bought into the "unlimited" plan even just a short while ago. The company is forcing users to switch from a $75 unlimited plan to a $65 plan that is limited to just one GB per month, and dumping anyone who won't switch. That would seem to be a pretty strong bait-and-switch claim. Sure, perhaps the telcos oversold these unlimited plans, but that doesn't mean they shouldn't be required to live up to what they sold.

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If You Advertise An 'Unlimited' Email Service, It Had Better Be Actually Unlimited

Timothy Lee — Mon, 24 Mar 2008 20:44:00 PDT

A year ago we praised Yahoo! for taking the bold step of offering its email customers unlimited storage space. It was a great concept, but Lee Gomes at the Wall Street Journal recently discovered that we should all start putting scare quotes around "unlimited." It seems that if you leave too many messages in your Yahoo! Mail inbox, you start running into problems. Gomes got a mysterious error message, followed by several years worth of email disappearing. Yahoo! says it can get the messages back in a few hours (presumably restoring them from backup tapes). But this is still pretty embarrassing for Yahoo!, and it's unfortunately all too common in the tech world. Companies love to advertise unlimited service when their systems aren't actually set up for "unlimited" usage. Yahoo! shouldn't advertise an unlimited service unless it's actually unlimited, and somebody should have given some thought to what happens when people store a ton of messages in their inbox. Maybe there's something to be said for Google and Microsoft's approach: instead of claiming that your service is unlimited, pick limits that are high enough (2 GB in Microsoft's case, 6 and constantly growing in Google's) that most users will never have to worry about them, but still give the IT guys a specific number to aim for.

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Verizon Fined For Pretending That Limited Service Was Unlimited

Mike Masnick — Tue, 23 Oct 2007 17:40:11 PDT

Back in 2005, we noted that Verizon Wireless was following the tactics of others in advertising "unlimited" wireless broadband services, while the truth was they were quite limited. As people later worked out, despite the claim of "unlimited," VZW was cutting off anyone who used more than 5 gigs of data per month. That's pretty limited, actually. When confronted about this, the company tried to argue that by "unlimited" it really meant "It's unlimited amounts of data for certain types of data." And they followed it up with this gem: "It's very clear in all the legal materials we put out." Right, see, that's the legal materials -- the stuff you know no one reads. Yet in the marketing materials it's quite clear that you're claiming "unlimited" and that has a pretty clear meaning. After many such complaints, Verizon Wireless finally started to back down from the false claim of "unlimited" earlier this year. Turns out that it wasn't because of any realization that lying to your customers is a bad idea, but because NY State was investigating the practice. NY has now fined Verizon Wirelss $1 million to be given out to customers who had their service unfairly terminated for actually believing that "unlimited" meant "unlimited." Of course, Comcast might want to start paying attention right about now. While lawyers everywhere are rushing to file lawsuits over its decision to jam broadband user accounts, before that happened Comcast was famous for many, many years for being one of the biggest ISPs to lie about offering unlimited service. It's a story that comes up in the press every year or so, and every year Comcast gives its own doublespeak about how it only cuts off the worst "abusers." However, it's still false advertising to claim unlimited service when that's not what you supply -- and it's hardly "abuse" if people are merely doing what you told them they could do.

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Perhaps Up North 'Unlimited' Means Something Different Than It Does Here

Mike Masnick — Fri, 21 Sep 2007 01:33:43 PDT

There's absolutely nothing wrong with a connectivity provider limiting how people use their connectivity -- as long as it's clearly laid out in how they pitch the service. Unfortunately, too many of these services advertise "unlimited" service, but mean the exact opposite. In the US, Verizon Wireless used to do this. When confronted on it, they tried to doubletalk their way around the issue, claiming that it was "unlimited data for limited types of data" (read that phrase a few times). However, eventually, Verizon Wireless realized how ridiculous this was and started to back off the claims of unlimited data. Unfortunately, that sort of thinking hasn't reached the folks at Bell Canada, who are apparently advertising an unlimited service, while hiding an awful lot of "limits" within the terms of service. Again, there's nothing wrong with them deciding they need to limit the service -- but if they're going to do so, they shouldn't be advertising it as unlimited. It's amazing that no one's been charged with false advertising for these types of misleading ads.

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