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The End of Unlimited Sprint EVDO (or 5GB Limit)

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ebiz
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Joined: 25 Oct 2006
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Location: Reno, NV

PostPosted: Wed Aug 13, 2008 2:02 pm    Post subject: Reply with quote

Sally, there has been little discussion by business account users. JenniDianne was the primary one in this thread. The T&Cs for biz accounts do include the key provisions related to the 5 Gb cap, so, you are subject to it once you are personally notified.

Perhaps Sprint chose to be gentler with biz accounts and avoid notification until it becomes necessary to start cancelling. As for personal accounts, the ones notified. like me, appeared to be those who were regularly in excess. Because I download an number of foreign policy and news podcasts daily, I was doing around 10 GB per month.

Even though I got the 5 GB notice on 24 May and am, now, subject to the ETF, my term agreement expires on 29 August so I have nothing to lose after that. AT&T has now advanced from EDGE to 3G-HSDPA (High-Speed Downlink Packet Access), which is faster than EVDO Rev A. If I move to that, I'll still have a 5 GB cap, but 3G HSDA works in more international markets and I'll get an iPhone to boot.

As Wayne said in another thread, we'll just have to wait and see how Sprint chooses to enforce the cap.
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waynefoutz
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Joined: 31 Mar 2008
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PostPosted: Wed Aug 13, 2008 11:40 pm    Post subject: Reply with quote

ebiz wrote:
Sally, there has been little discussion by business account users. JenniDianne was the primary one in this thread. The T&Cs for biz accounts do include the key provisions related to the 5 Gb cap, so, you are subject to it once you are personally notified.

Perhaps Sprint chose to be gentler with biz accounts and avoid notification until it becomes necessary to start cancelling. As for personal accounts, the ones notified. like me, appeared to be those who were regularly in excess. Because I download an number of foreign policy and news podcasts daily, I was doing around 10 GB per month.

Even though I got the 5 GB notice on 24 May and am, now, subject to the ETF, my term agreement expires on 29 August so I have nothing to lose after that. AT&T has now advanced from EDGE to 3G-HSDPA (High-Speed Downlink Packet Access), which is faster than EVDO Rev A. If I move to that, I'll still have a 5 GB cap, but 3G HSDA works in more international markets and I'll get an iPhone to boot.

As Wayne said in another thread, we'll just have to wait and see how Sprint chooses to enforce the cap.


I can tell you from personal experience that AT&T isn't hard nosed about enforcing the cap. As long as you aren't affecting anyone else's ability to use the network, they pretty much leave you alone. I'm pretty sure they just put the policy in place as a tool to get rid of problem users in heavily populated areas screwing things up for iPhone users. I used about 20-30 gigs a month and never heard a peep out of them about it, probably because I'm not in a fixed location, I'm usually in a different state every day.
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Sally
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Joined: 19 Jun 2006
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PostPosted: Sat Aug 16, 2008 8:58 am    Post subject: Reply with quote

OK.. I was late coming to this party, and I might not be the fastest one to put this all together (mostly because I just couldn't believe it! LOL)...

But, as I see it at this point (now that I got the dreaded "education" phone call from Sprint) is that there are not going to be any overage charges... instead, the changes to the T&C allow them to terminate my account.

So while I go online and check my usage and it still says "Unlimited" as for what I have remaining for the month - Damn me if I use too much of it!

There's gotta be a lawsuit in here somewhere. I honestly don't understand how they can sell and still promote "unlimited" on our current monthly bills but at the same time threaten to terminate if we go over the paltry 5 gig.

God, this sucks.
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ebiz
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Joined: 25 Oct 2006
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PostPosted: Sat Aug 16, 2008 3:34 pm    Post subject: Reply with quote

Sally wrote:
...There's gotta be a lawsuit in here somewhere...
Sally, you've brought up class action suits a few times. I draw you attention to the excerpt from the T&Cs entitled "No Class Actions". As customers, our only three recourses for redress are arbitration, small claims court and filing with a government oversight agencies.

Sprint had every right under the law to change the T&Cs on existing contracts. All the banter about that is wasted breath.

That is why I have counseled people to have all communications in writing and threaten to arbitrate based on the material change and notification provisions. It wins every time because Sprint has handled this so clumsily and doesn't want to sustain the cost of arbitration. However, that, too, will close after the 30 or 60 day notification window, based on the modus of notification.
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Sally
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PostPosted: Sat Aug 16, 2008 3:57 pm    Post subject: Reply with quote

ebiz wrote:
Sally wrote:
...There's gotta be a lawsuit in here somewhere...
Sally, you've brought up class action suits a few times. I draw you attention to the excerpt from the T&Cs entitled "No Class Actions".


Rainy day here so I'm just goofing around on the puter and watching stupid tv... so this is entertaining... thanks for that! (being sincere)

Anyway...

Interesting point, ebiz. I find the "no class action" clause interesting in that it is prefaced by "to the extent allowed by law". Which brings one to wonder how the courts look at clauses like that?

I'm no attorney, but common sense tells me that a contract that says you can't fight in court would possibly be invalid from the get-go. Or at least that clause wouldn't be worth the bytes it takes up to transmit to us via these frickin' cards. LOL

Sounds like a scare tactic to use on sheeple to me.

So I did a little Googling and found this right off the bat:

http://www.uclpractitioner.com/2007/08/new-ninth-cir-1.html

Funny how it happens to be about a lawsuit against Cingular. Even more interesting this reference was to a decision just last year. Amazing how lawyers make money from writing up this sort of crap.... and it totally figures it was a cell phone company that thought a one sided contract avoiding lawsuits would possibly fly.

The courts found the attempt to avoid class action to be "unconscionable" and "therefore unenforceable".

If that sort of waiver would work in contracts, then landlords everywhere would be smiling and including that sort of thing in leases.

Instead of calling it the "no class action" clause... it should be the "I reserve the right to F you over if you are stupid enough to lay down for it" clause.
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Sally
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Joined: 19 Jun 2006
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PostPosted: Sat Aug 16, 2008 4:12 pm    Post subject: Reply with quote

PS... a couple of more minutes of dorking around on Google also produces enough information that I wouldn't automatically assume a "predispute" contract that waives rights to a jury trial would hold water, either.

Nice try, Sprint... what F'ers.

Basically, remember, one sided contracts don't usually stick. And when a contract rattles on like this with ways Sprint can change everything to it's liking, and the customer can't - well - let's just say there's all sorts of room for a class action if Sprint starts charging those ETFs if they start enforcing terminations.

And the one-sidedness of this contract also raises the issue of a class action happening because they sold equipment based upon the "unlimited" nature of the plan.

Verizon had to eat some ETFs and fully refund phone purchases when they screwed with firmware that crippled the phone (Motorola V710) from doing what their marketing promoted it could do.

This smells kinda the same.

This sort of thing should eventually cause the powers that be (who does this stuff? FTC? FCC?) to make these contracts fair - especially when expensive hardware is required to make use of the service (cards, routers, etc*). If you can't take the hardware elsewhere (and you basically can't) then the carrier should be more responsible for that contract to be satisified (service as agreed), IMO.

I guess it all boils down to the one-sided contract being class actionable. And Sprint is starting to make the wrong moves that will set one up, IMO.

*speaking of hardware.. I wonder if any RV'ers that have coughed up $1,500+ for some WiFi throwing router gismo (see it at campingworld) are catching on to this yet?
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nickjacket
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Joined: 28 Apr 2008
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Location: Tucson, AZ

PostPosted: Sat Aug 16, 2008 6:56 pm    Post subject: that's no way to treat a friend. Reply with quote

My 4 cents...

The FCC and Sprint are square over spectrum auctions (extra-taxation) so unless there's possible DC Circuit action on rules or regs, that's a no go.

FTC complaint would be interesting but Sprint can handle a complaint as isolated incident, thus not class actionable. Divide and conquer has a smile too.

What I'd really like to know is if anyone has had what I've had going on here in my neighborhood for a few weeks now.
EVDO REVA mode is available between 8am and 8pm but after that my connection manager only offers 1xRTT. Field strength for REVA is under -60dBm at time of "curfew" switch so I don't think it'll be my stuff.
It'll happen with either U725 or U727 cards, other PC's with either Vista or XP Pro all using latest SmartView.

Anyone had a predictable time period "curfew" of throughput on their Sprint data card? Nightly or Daily?


Last edited by nickjacket on Sun Aug 17, 2008 5:31 pm; edited 1 time in total
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Sally
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Joined: 19 Jun 2006
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PostPosted: Sat Aug 16, 2008 7:06 pm    Post subject: Reply with quote

Reporting in from Colorado:

No noticable speed changes that are out of the ordinary here - and I haven't dropped down to 1xrtt.
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firedude
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Joined: 26 Mar 2007
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PostPosted: Sun Aug 17, 2008 12:44 pm    Post subject: Reply with quote

Sally wrote:
*speaking of hardware.. I wonder if any RV'ers that have coughed up $1,500+ for some WiFi throwing router gismo (see it at campingworld) are catching on to this yet?


LOL, most of us full-time RV'ers like my myself went though the 3G store. I run a Cradle Point MBR 1000 router and it does fantastic. I'm not aware of any Rv'ers spending $1500 on any "gizmo". It surely isn't needed/
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Sally
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Joined: 19 Jun 2006
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PostPosted: Sun Aug 17, 2008 12:49 pm    Post subject: Reply with quote

Yeah, I'm an RVer at heart myself... (haven't had a rig the past few years - but I'm going to get back to it next summer)....

And I just about choked when I saw that device at campingworld.

Just think... there probably are buyers out there that think they're getting better service by having that thing.
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muzicman82
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Joined: 13 Dec 2005
Posts: 145

PostPosted: Fri Nov 07, 2008 2:22 am    Post subject: Reply with quote

I still don't understand how my account can say "Unlimited Usage" when they really mean 5GB. It's the same sh*t I dealt with Verizon Wireless over.. They terminated my account (no ETF) and then offered to create a new one. The termination was my notice apparently.

I switched to Sprint because they had true Unlimited. I verified this with at least 10 people from Sprint before I signed up in February 2007. I signed up getting two accounts. One for my home, and one for the road.

Sprint even sells an EVDO router, which pretty much encourages more bandwidth usage. 5GB/month is roughly 150MB/day... but if you were sharing this over WiFi to say, 20 employees? That number goes down to about 8MB per user, per day.

I would probably even be fine with $80/month for true unlimited. They should keep the $60/month for 5GB. That sounds fair for most... even though $60 is pretty steep. I've justified it based on Sprint's coverage, speed, and the service's convenience.

I think if there was going to be a class-action lawsuit or mass petition of some sort, it should include them removing the term "Unlimited" from all advertising and bills. It's not true! If they're trying to mince words, it should say "Unfiltered Access".

Anyways, what good is placing a bandwidth cap now? The amount of data we use in general is increasing. Documents and webpages are getting larger... and the need to access data on the web is also increasing. Just seems like a step backwards to me.
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sundance2009
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Joined: 27 Sep 2009
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PostPosted: Sun Sep 27, 2009 10:26 am    Post subject: Reply with quote

I just check the sprint web site and it still offers this:

Unlimited data: Web surfing, email, BlackBerry Internet Services (BIS), GPS Navigation, Music Premier, TV Premier, NFL Mobile Live, NASCAR Sprint Cup MobileSM

So if they truly are limiting it to 5GB they are lying to people to get them in as customers.
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waynefoutz
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Joined: 31 Mar 2008
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PostPosted: Sun Sep 27, 2009 2:24 pm    Post subject: Reply with quote

sundance2009 wrote:
I just check the sprint web site and it still offers this:

Unlimited data: Web surfing, email, BlackBerry Internet Services (BIS), GPS Navigation, Music Premier, TV Premier, NFL Mobile Live, NASCAR Sprint Cup MobileSM

So if they truly are limiting it to 5GB they are lying to people to get them in as customers.


That is the data plan for the blackberry. It is unlimited, as long as you just use the blackberry. The broadband cards for laptops and tethering plans are capped at 5 gigs, that's the topic of discussion.
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