AT&T False advertising, breech, deceptive practices, changed my plan, Tethering dispute Dallas Texas

COMPLAINT ACTIVITY REPORT Case # 27304661 Better Business Bureau, Inc. COMPLAINT ACTIVITY REPORT Case # 27304661 Better Business Bureau, Inc. Consumer Info: W********, ***** **** Business Info: AT&T Mobility Location Involved: (Same as above) Consumer's Original Complaint : In November of 2012 I was deployed to Long Island, New York to render aid to the victims of Hurricane Sandy. Fifteen hundred miles from my home and out of my element, AT&T and my Motorola Atrix 2 were shining stars in the midst of the devastation. I counted on my phone for virtually everything; I searched for resources, used navigation to guide me and stayed in touch with family and friends. But I made one crucial mistake: I downloaded a tether application because internet connections were almost non-existent in the area I was assigned. As a ten year customer of AT&T I have an unlimited data plan or so I thought.

The first message I received from AT&T advised me that I had gone over three gigs and they would be throttling back my speed ( remember, I am suposed to have an unlimited plan). Then one stating that they had detected tethering usage and that if I continued I would have to pay another fifty dollars a month for my data. While extremely angry I lacked the time it required to argue with them and shortly thereafter returned home to an internet connection and a normal lifestyle. So imagine my surprise when last week, a full four months after returning home or even using my laptop, I received a message stating that one again they had detected tethering on my phone and that they were increasing my bill by fifty dollars a month. I called to complain and asked to speak to management but after staying on hold for quite some time I jumped towers and the call got dropped just as I finally reached someone. .In my estimation AT&T products are the best available. HOWEVER, it is becoming apparent that they are out of control and we are in need of tighter regulation and better protection for consumers . The dubious tricks and wordplay, the lack of regard for loyal customers, and the spooky and inaccurate intrusions into my usage patterns are quickly becoming more that I can endure.AT&T: you have become a monster. And now you have attempted to help yourself to my wallet. You are abusing your success and power and it must stop. As a ten year customer I have always used less bandwidth than your lowest tier data plans of late, its not like I am getting more than Im paying for even without the fifty dollar increase you are proposing. And lets be realistic; six hundred dollars a year just for the privilege of connecting to my laptop on occasion? No. Its not going to happen. Produce your methods of monitoring my account including records of the alleged tethering and bandwidth usage....Restore my account to its original terms as agreed upon in my contract....I will also be seeking reimbursement for time required to resolve this matter. In ten days I will file a complaint with the FCC. In fourteen days I will begin closing my all my AT&T accounts starting with the wireless account in question due to breach of contract. I also plan to aggressively pursue this with the FCC; particularly privacy concerns.You may get away with cheating me but I will make sure you infinitely lose more than you gain.

Consumer's Desired Resolution: DesiredSettlementID: Other (Requires Explaination)Produce your methods of monitoring my account including records of the alleged tethering and bandwidth usageRestore my account to its original terms as agreed upon in my contractI will also be seeking reimbursement for time required to resolve this matter BBB Processing 05/12/2013 web BBB Case Received by BBB 05/13/2013 ps BBB Case Reviewed by BBB - AB 05/13/2013 Otto EMAIL Send Acknowledgement to Consumer 05/13/2013 Otto EMAIL Notify Business of Dispute - AB 05/28/2013 OttO BBB No response to first notice to member 05/28/2013 OttO BBB Consumer - Have You Heard From the Company 05/28/2013 OttO EMAIL Reminder of Dispute to Business - AB 05/28/2013 WEB BBB RECEIVE BUSINESS RESPONSE : May 28, 2013 Better Business Bureau of Atlanta 503 Oak Place #590 Atlanta, GA 30349 Complainant's Name: Jarrod Paul Whittington Agency File Number: 27304661 Company File Number: CM20130516_65401575 ________________________________________ AT&T Mobility (''AT&T'') is in receipt of the above-referenced customer's concerns and appreciates the opportunity to respond. Jarrod P. Whittington complains AT&T replaced his unlimited data plan with a tiered data plan without his consent. He would like his unlimited data plan returned. Jackie Sutton, an Office of the President Specialist, attempted to contact Mr. Whittington via phone without success. Contact attempts were made on May 17, 23 and 28, 2013. On each call, a voice message was provided. To date, Mr. Whittington has not contacted the specialist.

In researching, Mr. Whittington's unlimited data plan was replaced with a 5 GB Data Pro plan which included tethering. The reason for the change was due to the phone being used for tethering. Per AT&T's Policy which states ''If you are a grandfathered AT&T unlimited plan data service customer, you agree that ''unlimited'' means you pay a fixed monthly charge for wireless data service regardless of how much data you use. You further agree that ''unlimited'' does not mean that you can use AT&T's wireless data service in any way that you choose or for any prohibited activities, and that if you use your unlimited data plan in any manner that is prohibited, AT&T can limit, restrict, suspend or terminate your data service or switch you to a tiered data plan.'' Prior to the change, notices were sent to Mr. Whittington advising his phone has been identified as using tethering which was not allowed with his unlimited data plan. Several notifications were sent but the tethering continued. Based on the findings, the change was in accordance with our policy. Therefore, we will not return the unlimited data plan. If Mr. Whittington has further questions regarding this matter, he may contact the specialist at the number listed below or our Specialty Support Group at (866) 975-0002. AT&T regrets any inconvenience caused by this matter. We trust this letter addresses your concerns regarding this issue. If you have any questions regarding this case, please contact case specialist Jackie Sutton at (228) 819-6307. For all other matters, please use your normal channel. ________________________________________ Sincerely, Sherri Baker AT&T Office of the President 05/28/2013 ps EMAIL Forward Business response to Consumer 05/29/2013 WEB BBB CONSUMER REBUTTAL TO BUSINESS RESPONSE : (The consumer indicated he/she DID NOT accept the response from the business.) Mrs. Baker : I did get a phone call this morning a little after 7am, it rang three times, not nearly long enough to answer the call. She left no message. Clearly she has no interest in helping me. She did send a canned email reiteration the charges while skillfully dodging the issues.

In the reply to that email I formally requested a higher counsel. I have attempted to contact the number provided but I work long hours and so far the offices have been closed....will try again 5/29 Even if a $50 charge for tethering was fair, I cannot afford it. Your version of unlimited is false advertising hidden behind fine print. If I were abusing my data plan or using an abnormal amount of data I would have no problem with this....but the records will show that I use far less bandwidth than your lowest tier plans, not just this year, but every year for the last ten years. What is the difference whether I use 3 gig on my smart phone or laptop? Regardless of your answers to these questions the facts are I haven't tethered since I left a Federal disaster zone, a zone in which AT&T most likely received FEMA subsidies for communication? You have ignored my requests to disclose your monitoring methods and evidence of non compliance...why? And how can you legally or morally monitor my communications? And now six months after the fact you decide to breech my contract and change my plan? Could this be related to a phone I recently returned for warranty? Did you find the tethering app I used last year and assumed I have been tethering? I struggle to make sense of this. Your actions are shameful and I fear this complaint will have far reaching ramifications as I involve more agencies in this matter. I nauseously urge you to turn this case over to a higher station in your organization before it is too late. un*lim*it*ed adjective ­Ëˆli-mÉ™-tÉ™d\par Definition of UNLIMITED 1: lacking any controls : unrestricted 2: boundless, infinite 3: not bounded by exceptions : undefined 05/29/2013 ps EMAIL Forward Consumer Rebuttal to Business 06/10/2013 OttO BBB No Response from Business re: Consumer Rebuttal 06/10/2013 ps BBB Time Extension or Phone Call on Rebuttal 06/12/2013 WEB BBB RECEIVED BUSINESS' ADDITIONAL RESPONSE : June 11, 2013 Better Business Bureau of Atlanta Complainant's Name: Jarrod Paul Whittington 503 Oak Place #590 Agency File Number: 27304661 Atlanta, GA 30349 Company File Number: CM20130604_66503707 ________________________________________ AT&T Mobility ("AT&T") received the above-referenced customer's concern and appreciates the opportunity to respond. Jarrod Whittington states his Unlimited Data Plan was changed to a Tiered Tethering Data Plan without his authorization. Mr. Whittington states that this is a breach of contract to change his services. Mr. Whittington is requesting that the Unlimited Data Plan be added back to his account. Jackie Sutton, an Office of the President Specialist, corresponded with Mr. Whittington via email on June 10, 2013. The specialist advised on December 13, 2012, AT&T detected tethering usage on Mr. Whittington's mobile device. AT&T sent Mr. Whittington notifications of the tethering usage. In addition, the notification advised of possible rate plan migration. AT&T sent Mr. Whittington a final tethering notification on April 25, 2013. The notification advised him that the data plan would be changed. It would be changed from the Unlimited Data Plan to a tiered tethering data plan effective with his next billing cycle date. The change was in accordance with our policy.

AT&T regrets that Mr. Whittington disagrees with our response, however, we believe the information that we have reported to be accurate and that his concerns have been adequately addressed. AT&T regrets any inconvenience caused by this matter. We trust this letter addresses your concerns regarding this complaint. If you have any questions regarding this case, please contact case specialist Jackie Sutton at (228) 819-6307. For all other matters, please use your normal channel. ________________________________________ Sincerely, Gina McCray AT&T Office of the President 06/12/2013 ps EMAIL Send Business' Rebuttal Response to Consumer 06/18/2013 WEB BBB CONSUMER SUBSEQUENT RESPONSE : (The consumer indicated he/she DID NOT accept the response from the business.) You have grossly underestimated me if you think that your inept attempt to frustrate me with your robot monologues and feeble attempts to dodge the issues will cause me to give up this fight. Your self centered, and arrogant response will cost you the first of three accounts. I will now close one account with you. 06/19/2013 ps EMAIL Forward Consumer Rebuttal to Business 06/20/2013 ps BBB RECEIVED BUSINESS' ADDITIONAL RESPONSE : AT& t'S response remains the same. 06/20/2013 ps BBB ReOpen the Complaint 06/20/2013 ps EMAIL SEND BUSINESS REBUTT RESPONSE - NO NEW OFFER - AJR : AT & T's response remains the same. 06/20/2013 Otto BBB Inform Business - Case ADMINISTRATIVELY CLOSED 06/20/2013 Otto BBB Case ADMINISTRATIVELY CLOSED " It rubs the lotion on its skin" They ignored me when I tried to explain tethered in four months, and when I ask for evidence, and when I asked that they disclose their monitoring methods. And with enraging repetitiveness they just kept stating their official position.... Finally the BBB closed the complaint Summary My original contract was purchased over the internet with a credit card AT&T has violated my original contract AT&T has violated my privacy