4 ms·

I've seen a lot of posts about US telecoms having "soft caps" for usage on what they call "unlimited data" plans, and I can't for the life of me figure out how

by slavak 15y ago

I've seen a lot of posts about US telecoms having "soft caps" for usage on what they call "unlimited data" plans, and I can't for the life of me figure out how in the hell something like that can possibly be legal. If you have a written service contract with your provider that does not explicitly state the service has a bandwidth cap, then how can them shutting off or artificially limiting your access speed /not/ be a breach of contract? Even if there is a clause in the contract about the traffic cap - without them explicitly informing you of the clause, wouldn't you be able to claim deceptive advertising?

lesterbuck 15y ago
Alas, I suspect you have not read your contracts with these companies. These are known as contracts of adhesion, as there is no negotiation, no crossing out things you don't like, and no power balance between the contracting parties. I was handed a set of contract documents for Comcast Business Class Internet. On the "Starter" line was an X, and a price of $64.95. I read every line of every document, and nowhere was "Starter" ever defined. There was the clause that reads "data rates are not guaranteed", but I was hoping that the contract itself might hint that there was some specified difference between Starter, Preferred, and Other. With this contract, the day after you sign up, your data rate can go to 1Kbps and you are still locked into an up to three year business contract.
- slavak 15y ago
  Don't make the mistake of assuming everyone on here is an American. I'm not from the US, and I'm reasonably aware of what my ISP is and isn't allowed to do. Regardless, if what you're saying is accurate then the legal system over there is seriously fucked up.
ianferrel 15y ago
Unless it states a duration, then they can just discontinue the contract at the next billing cycle. Is there any indication that they did otherwise? They're not saying "You're over the limit; you're in breach of contract." They're saying "You don't make us enough money. You're no longer our customer."

by slavak 15y ago

lesterbuck 15y ago

Alas, I suspect you have not read your contracts with these companies. These are known as contracts of adhesion, as there is no negotiation, no crossing out things you don't like, and no power balance between the contracting parties. I was handed a set of contract documents for Comcast Business Class Internet. On the "Starter" line was an X, and a price of $64.95. I read every line of every document, and nowhere was "Starter" ever defined. There was the clause that reads "data rates are not guaranteed", but I was hoping that the contract itself might hint that there was some specified difference between Starter, Preferred, and Other. With this contract, the day after you sign up, your data rate can go to 1Kbps and you are still locked into an up to three year business contract.

slavak 15y ago
Don't make the mistake of assuming everyone on here is an American. I'm not from the US, and I'm reasonably aware of what my ISP is and isn't allowed to do. Regardless, if what you're saying is accurate then the legal system over there is seriously fucked up.

ianferrel 15y ago

Unless it states a duration, then they can just discontinue the contract at the next billing cycle. Is there any indication that they did otherwise? They're not saying "You're over the limit; you're in breach of contract." They're saying "You don't make us enough money. You're no longer our customer."