I have a 3G modem with a grandfathered unlimited plan that was just throttled.....they almost immediatly offered a 4G and said I would not be throttled...problem is there is NO 4G service here but that does not matter....A tech supoort rep also lied and told me I could get a 4G modem and keep my unlimited plan(I knew better but called back to veriy that I had been lied to)...so the end story is.....Verizon lied to and misled all of the Alltel unlimited customers that they bought in the aquisition and they are now trying to arm twist us into metered service. My wife is right now growing older waiting for the next page to load...yes it is that bad!! To add injury to insult they are going to hold the speed down for not one but TWO billing cycles....which is another lie since I was told that when the bill cycle rolled over it would be released. So to summarize.......They cannot give me 4G service...but they want to throttle my 3G unless I buy a 4G modem(which is useless here) and use it on the 3G network under metered billing and then I can use ALL THE BANDWIDTH I WANT..without impacting any other customers...but if I do it on an unlimited plan..it will impact the rest of you...ROFLMFAO...... if any 3G unlimited user wants to join with me in stopping this please message me as I will be filing an action on March 28.... my Wife gave up on the web page load and has decided to just go to bed.....
How??? Ya can't sue. Unless a class action which you need a judge to approve. You could do a small claims, but again, I am an Alltel, well was an Alltel customer and was not lied to.
When the switch came I came kicking and screaming bloody murder. But once VZW started billing my bill went down $10, I was able to upgrade early 13 months early to a Droid and keep my plan, Was able to get a 4G device to keep from being throttled and was able to add a couple months ago, unlimited hotspot/tethering. So ALL if used in court will get the case thrown out very quickly.
You do not need 4G service, just a 4G device to bypass the throttling issue.They are offering you a very workable option, you just think it will not work. It does work.....
I can in fact sue...does not have to fall in a class..or be approved by a judge. I simply want the throttling stopped ..what gives you the idea that you cannot sue is beyond me. I am glad that you have had a good experience...you are not in the group that would be interested. I agreed to the service and they agreed to provide it..they are now not providing....If I switch to a 4G device I will lose the unlimited plan which is what they want....to force heavy users to metered service. If that was not the goal then they would not agree to allow heavy usage with a 4G device on a 3G network....ya see 3 or 4G has nothing to do with it as I would be using the same network irregardless.
As to why I say ya cant just sue to sue.... Well You agreed not to do so when you signed your contract.
From the customer agreement:
WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US.
YOU AND VERIZON WIRELESS BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. THERE'S NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:
(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES) WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
(2) UNLESS YOU AND VERIZON WIRELESS AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. FOR CLAIMS OVER $10,000, THE AAA'S WIRELESS INDUSTRY ARBITRATION ("WIA") RULES WILL APPLY, IN SUCH CASES, THE LOSER CAN ASK FOR A PANEL OF THREE NEW ARBITRATORS TO REVIEW THE AWARD. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA'S WIA RULES OR THE BBB'S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN–PERSON OR BY PHONE.
(3) THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOT WITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT.
(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO VERIZON WIRELESS SHOULD BE SENT TO VERIZON WIRELESS DISPUTE RESOLUTION MANAGER, ONE VERIZON WAY, VC52N061, BASKING RIDGE, NJ 07920. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE'LL PAY ANY FILING FEE THAT THE AAA OR BBB CHARGES YOU FOR ARBITRATION OF THE DISPUTE. IF YOU PROVIDE US WITH SIGNED WRITTEN NOTICE THAT YOU CANNOT PAY THE FILING FEE, VERIZON WIRELESS WILL PAY THE FEE DIRECTLY TO THE AAA OR BBB. IF THAT ARBITRATION PROCEEDS, WE'LL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED LATER, AS WELL AS FOR ANY APPEAL TO A PANEL OF THREE NEW ARBITRATORS (IF THE ARBITRATION AWARD IS APPEALABLE UNDER THIS AGREEMENT).
(5) WE ALSO OFFER CUSTOMERS THE OPTION OF PARTICIPATING IN A FREE INTERNAL MEDIATION PROGRAM. THIS PROGRAM IS ENTIRELY VOLUNTARY AND DOES NOT AFFECT EITHER PARTY'S RIGHTS IN ANY OTHER ASPECT OF THESE DISPUTE RESOLUTION PROCEDURES. IN OUR VOLUNTARY MEDIATION PROGRAM, WE WILL ASSIGN AN EMPLOYEE WHO'S NOT DIRECTLY INVOLVED IN THE DISPUTE TO HELP BOTH SIDES REACH AN AGREEMENT. THAT PERSON HAS ALL THE RIGHTS AND PROTECTIONS OF A MEDIATOR AND THE PROCESS HAS ALL OF THE PROTECTIONS ASSOCIATED WITH MEDIATION. FOR EXAMPLE, NOTHING SAID IN THE MEDIATION CAN BE USED LATER IN AN ARBITRATION OR LAWSUIT. IF YOU'D LIKE TO KNOW MORE, PLEASE CONTACT US AT VERIZONWIRELESS.COM OR THROUGH CUSTOMER SERVICE. IF YOU'D LIKE TO START THE MEDIATION PROCESS, PLEASE GO TOVERIZONWIRELESS.COM OR CALL CUSTOMER SERVICE FOR A NOTICE OF DISPUTE FORM TO FILL OUT, AND MAIL, FAX OR EMAIL IT TO US ACCORDING TO THE DIRECTIONS ON THE FORM.
(6) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON'T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT'S MORE THAN OUR OFFER BUT LESS THAN $5000, OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5000, THEN WE AGREE TO PAY YOU $5000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS' FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5000, THEN WE WILL PAY YOU THAT AMOUNT.
(7) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(8) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
(9) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND VERIZON WIRELESS AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND VERIZON WIRELESS UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
They are not providing me with the service that they are being paid for and agreed to. I am not getting 3G speeds or able to do a simple browse on many sites..they simply wont load..many time out...On Sunday the speed was .09mbs....last check it was only .94 and still is unusable. According to the specification 3G is at least 1 mbs. Basically I had better luck with dial-up.
They are intentionally trying to squeeze heavy users into metered service ..if you have not been throttled that means that you are not a heavy user. This connection is used for family internet service. It is a 3G modem...not a phone.
Also this is not JUST an Alltel plan issue. ALL VZW subs who have a 3G device MAY be Optimized/Throttled (I do love how the word 'Optimized' is supposed to make it sound better) if in a congested area and use an amount VZW deems hurts the ability of others to use the system effectively.
Another thing there...congested area.......mostly deer where I am at. I use from 8-16 gig per month..depends on how much software I download. (All legal...lol) . This is their issue...but should not be as I am not in an area that I would impact other customers and this occurs mainly at night, as I have to work to pay the bill for not getting what I am paying for.
It was advertised as unlimited 3G....the 3G is the key..that is a specific thing minimum speed is 1mbs..I will be obtaining the specification for proof and verification of that. At the same time the service has to be usable.....mine is currently not usable as
many websites never connect and time-out. They do have an obligation to a paying customer even if they have some of you convinced that they can get away with anything they want.
|3/20/2012 7:01 PM EDT||188.8.131.52||0.94 Mb/s||0.35 Mb/s||392 ms||Wellington, KS||~ 50 mi||Image|
|3/18/2012 11:50 AM EDT||184.108.40.206||0.09 Mb/s||0.08 Mb/s||367 ms||Wellington, KS||~ 50 mi||Image|
|3/18/2012 11:32 AM EDT||220.127.116.11||0.05 Mb/s||0.06 Mb/s||654 ms||Lawrence, KS||~ 100 mi||Image|
|3/10/2012 9:51 PM EST||18.104.22.168||1.53 Mb/s||0.43 Mb/s||188 ms||Wichita, KS||~ 50 mi||Image|
|2/29/2012 5:12 AM EST||22.214.171.124||0.58 Mb/s||0.41 Mb/s||199 ms||Augusta, GA||~ 900 mi||Image|
|2/29/2012 5:08 AM EST||126.96.36.199||0.80 Mb/s||0.42 Mb/s||190 ms||Wichita, KS||~ 50 mi||Image|
|12/27/2011 11:57 PM EST||188.8.131.52||1.36 Mb/s||0.43 Mb/s||188 ms||Wichita, KS||~ 50 mi||Image|
|12/19/2011 5:36 AM EST||184.108.40.206||1.72 Mb/s||0.43 Mb/s||197 ms||Wichit|
Dont know why the system thinks I am in Kansas...those are the speeds lately.....05mbs...that is pathetic
Moynin. After a 13 hour day, I could not converse any longer. I always like to go to mapquest or another site to see where I am placed each time I log in.Sometimes GA, but mostly Miami, Chicago, or CA. It is not so much where you are but the backbone you get sent to.
Couple things, do you know what PRL and SID are on the modem??
let me copy and paste what I posted elsewhere last night.
I would be interested in what SID they are on??? Hopefully it is a VZW SID and not an Alltel SID. If an Alltel SID, I would think that is the issue. With an Alltel SID on a phone, as more and more Alltel towers are converted to VZW, (This has been 99% completed) the device will be hellbent to find an Alltel tower and may find one farther away with a lousy signal, instead of using a closer VZW/Alltel tower.
If a VZW SID, then it most likely is the device."
Unlimited data plans for modems and broadband devices are not grandfathered in when upgrading to a 4G device. This goes for customers with Verizon Wireless plans and Alltel plans.
Verizon Wireless has posted their data optimization policy on their website.
I don't recall you mentioning. How much data are you using each month?
You are in the same boat we are in. We live in a rural area, and our internet options are limited. I am throttled so badly that I go for days without internet service. I have spent approximately 10 hours on the phone over the last 3 days, and discovered this "optimizing" process is being used against us (also former Alltel customers with unlimited data plan). I was also told that letters were getting ready to go out to all of us telling us we are involuntarily having the unlimited access data plan pulled, so we will be limited to 2 GB per month (family of five, 2 healthcare professionals who routinely access OVID services for peer-reviewed journal material). No way for us to do more than check email on 2 GB per month, as I routinely get 30 or more emails per day with large graphics/photos, and the family members get as many. The Verizon takeover of Alltel has been nothing but misery for us.