So after over 2yrs of using my unlimited data plan anyway I chose to do so, I got a letter last week basically saying I need to stop tethering. I've been using WiFi Tether - TrevE Mod for as long as I've had my phone to connect anything from my laptop at home or occasionally at work I'll connect my work laptop or let a coworker (good ol' AT&T throttling him) during lunch. I read this on Sprint forums, which makes complete sense to me:
The contract you signed also is for a specific plan, that states you have UNLIMITED DATA. Dan Hesse himself even stated that UNLIMITED means "no limits, no throttling and no data caps" - meaning you legally couldnt limit data, based on the actual plan a subscriber signs on a contract.
Sprint also states that as part of the Android platform being Open, one is able to download and use any apps the customer sees fit. That would include tethering apps. Part of Net Neutrality that Sprint also agrees with the FCC on is that customers can not be limited what they access or how they access the internet, this would include using the phone as a modem as a device how they access internet.
Also if you want to discuss morals and ethics on contracts, Sprint also states that any materially adverse charge/change in the contract will result in waivers of early termination fees, so not only is limiting someones data a materially adverse change/charge, but so is raising the Administrative Fee like just happened, to which Sprint breaches their own contract. With that being said, if Sprint can breach the contract so can a customer, because in order for a contract to be legal, BOTH PARTIES MUST AGREE TO ALL CLAUSES, and since one changes it on a whim, the contract isnt agreed to by both parties, thus, the contract isnt legal and is null and void.
Im sure the customer who decides to bring this to small claims or arbitration would win the case.
It not as if using my laptop will somehow make my phone pull faster internet speeds, so WTF is their issue?! I stream music for a better part of my 10-12hr day, 7 days a week...I'm a heavy data user no matter what! I get great 4G signal at work, I get **** 3G service at my home, so it's a slap in the face that they're not holding up their end of the contract, yet spent the postage to send me a thread letter before Christmas.
The contract you signed also is for a specific plan, that states you have UNLIMITED DATA. Dan Hesse himself even stated that UNLIMITED means "no limits, no throttling and no data caps" - meaning you legally couldnt limit data, based on the actual plan a subscriber signs on a contract.
Sprint also states that as part of the Android platform being Open, one is able to download and use any apps the customer sees fit. That would include tethering apps. Part of Net Neutrality that Sprint also agrees with the FCC on is that customers can not be limited what they access or how they access the internet, this would include using the phone as a modem as a device how they access internet.
Also if you want to discuss morals and ethics on contracts, Sprint also states that any materially adverse charge/change in the contract will result in waivers of early termination fees, so not only is limiting someones data a materially adverse change/charge, but so is raising the Administrative Fee like just happened, to which Sprint breaches their own contract. With that being said, if Sprint can breach the contract so can a customer, because in order for a contract to be legal, BOTH PARTIES MUST AGREE TO ALL CLAUSES, and since one changes it on a whim, the contract isnt agreed to by both parties, thus, the contract isnt legal and is null and void.
Im sure the customer who decides to bring this to small claims or arbitration would win the case.
It not as if using my laptop will somehow make my phone pull faster internet speeds, so WTF is their issue?! I stream music for a better part of my 10-12hr day, 7 days a week...I'm a heavy data user no matter what! I get great 4G signal at work, I get **** 3G service at my home, so it's a slap in the face that they're not holding up their end of the contract, yet spent the postage to send me a thread letter before Christmas.
Written by dd
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