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FTC Sues AT&T for Reducing Data Speeds on Unlimited Plans

 & Angela Moscaritolo Managing Editor, Consumer Electronics

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Note to mobile carriers: You better watch out how you use the word "unlimited." Because you might just find yourself in hot water with the Federal Trade Commission if the service you're offering isn't truly without limits, in terms of data.

Case in point—the FTC on Tuesday announced it is suing AT&T for misleading customers by charging them for "unlimited" data plans while reducing their data speeds, in some cases by nearly 90 percent. The complaint, filed in the U.S. District Court in San Francisco, alleges that AT&T failed to adequately warn customers that unlimited data doesn't necessarily mean unlimited high speed data.

"AT&T promised its customers 'unlimited' data, and in many instances, it has failed to deliver on that promise," FTC Chairwoman Edith Ramirez said in a statement. "The issue here is simple: 'unlimited' means unlimited."

In a statement, AT&T called the allegations "baseless" and said it has been transparent about its throttling practices from the very beginning of the program, which started in 2011.

"We informed all unlimited data-plan customers via bill notices and a national press release that resulted in nearly 2,000 news stories, well before the program was implemented," the company said. AT&T added that the throttling program has only affected about 3 percent of its customers, and before any customer is affected, they are notified by text message.

"It's baffling as to why the FTC would choose to take this action against a company that, like all major wireless providers, manages its network resources to provide the best possible service to all customers, and does it in a way that is fully transparent and consistent with the law and our contracts," AT&T said.

Like many other carriers, AT&T slows—or throttles—data speeds after users reach a certain amount of data in a given billing cycle. The FTC complaint alleges that AT&T throttles speeds to the point that many common smartphone apps—like Web browsing, GPS navigation, and streaming video—become difficult or nearly impossible to use.

At the same time, AT&T's marketing materials emphasize the "unlimited" data which customers can get on its plans. Even when unlimited plan customers renew their contracts, AT&T failed to mention its throttling practices, the FTC claimed. And when customers cancel their contracts after being throttled, they are hit with early termination fees typically amounting to hundreds of dollars.

The agency estimated that AT&T has throttled at least 3.5 million customers a total of more than 25 million times since 2011. AT&T's throttling often results in speed reductions of 80 to 90 percent, or more.

This practice, naturally, doesn't sit well with consumers. Participants in AT&T focus groups "strongly objected" to AT&T's throttling practice and an investigation revealed that the company received thousands of complains about slow data speeds under the throttling program, the FTC said.

About Our Expert

Angela Moscaritolo

Angela Moscaritolo

Managing Editor, Consumer Electronics

My Experience

I'm PCMag's managing editor for consumer electronics, overseeing an experienced team of analysts covering smart home, home entertainment, wearables, fitness and health tech, and various other product categories. I have been with PCMag for more than 10 years, and in that time have written more than 6,000 articles and reviews for the site. I previously served as an analyst focused on smart home and wearable devices, and before that I was a reporter covering consumer tech news. I'm also a yoga instructor, and have been actively teaching group and private classes for nearly a decade. 

Prior to joining PCMag, I was a reporter for SC Magazine, focusing on hackers and computer security. I earned a BS in journalism from West Virginia University, and started my career writing for newspapers in New Jersey, Pennsylvania, and West Virginia.

The Technology I Use

My little Florida beach bungalow is brimming with smart home tech. I have a smart speaker or display in every room, allowing me to control other connected devices by voice. The Nest Hub on my bedside table lets me set wake-up alarms, control my smart light bulbs, and set the temperature on my smart thermostat. I use the Amazon Echo Show 8 on my kitchen counter to browse recipes, reorder protein powder, check the weather, and watch the news while I do dishes. 

Because I suffer from allergies, air purifiers are essential. My favorite model is the Dyson Purifier Cool TP07, which doubles as a fan and continuously sends indoor pollution data to its companion mobile app. 

My pitbull Bradley sheds, so a good robot vacuum is a must. I currently use a premium Ecovacs Deebot that can both vacuum and mop, empty its own dustbin, and wash its own mop cloth. 

For fitness, I like to mix up my routine with cycling, indoor rowing, running, and strength training in addition to yoga. I take classes on the Tonal 2 smart strength training machine, I row indoors on an Aviron machine, and track my beach runs with an Apple Watch while listening to music on my Apple AirPods Pro. On the weekends, I love riding e-bikes like the rugged, beach-friendly Aventon Aventure for fun and fitness.

My job involves a lot of virtual meetings, so a quality webcam, microphone, and ring light are important. I use the Jabra PanaCast 20 webcam, the Elgato Wave: 3 microphone, and a Yesker tripod ring light. 

As for my preferred phone platform, I'm an iPhone person, but I've also extensively used Android for product testing.

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