Clauses in AT&T Contracts Have Always Provided for Limits on 'Unlimited' Data Plans

A number of customers have expressed outrage and disappointment at AT&T's various efforts at throttling users with older "unlimited" data plans. The most recent change slows unlimited data users to download speeds of 256 Kbps after using 3GB of data.

Several Twitter users felt that AT&T was violating their contract and wanted to cancel their contract or file a class action lawsuit against the company. Blogger Jeff Jarvis feels that throttling is "fraud", and tech writer Matt Buchanan had this to say:

I think it's fair to expect the contract you signed up for remains the contract you signed up for.

But is AT&T's throttling of unlimited data users a violation of its contract with users? TOSBack is a website that tracks changes to the terms of service of various services, including both Apple and AT&T.

The contract from June 26, 2007 -- just a few days before the original iPhone went on sale -- includes a number of stipulations governing exactly how and why the iPhone's unlimited data plan can be restricted, including banning some video downloading and streaming. Most importantly, for customers now experiencing throttling, is this passage:

AT&T reserves the right to (i) limit throughput or amount of data transferred, deny Service and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited above or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network.

attlogo375wide
Language similar to this continues in every draft of the contract through today's version. The current wireless customer agreement includes this language in section 6.2:

AT&T reserves the right to (i) deny, disconnect, modify and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network.

AT&T believes that it is well within its rights to throttle users on unlimited data plans, even as a Californian iPhone user won an $850 small claims judgement against the company over throttling. AT&T has promised to appeal. A class action suit might be the normal evolution of such a complaint, but AT&T's subscriber contract prohibits class action or jury trials, leaving arbitration and small claims as options for unhappy customers.

Not everyone agrees that AT&T is misbehaving by throttling. SplatF's Dan Frommer opines that users are not acknowledging reality when they complain about AT&T terminating unlimited data plans.

Here’s the big picture bottom line: If you use a lot of data, you are clearly getting some sort of value out of it. Value isn’t free. The world’s finite resources simply aren’t trending toward free. That isn’t logical. I predict most of you will be spending significantly more per month for wireless data in 5 and 10 years than you do today. You’ll be getting faster and better service, and more value out of it, but it won’t be cheaper.

Please get over your emotional battle — and extinguish any legal threats, that’s silly — and join us in reality. If you use a lot of mobile data, be happy about it, and be happy paying for it. It’s worth it. And consider trying the add-on tethering plan for the iPhone, it can be useful if you carry a laptop or iPad.

AT&T's current data plans offer 300MB/month for $20, 3GB/month for $30, or 5GB/month for $50 (including tethering), with each additional 1GB costing users $10 on the higher allocation plans.

Popular Stories

ios 26 1 slide to stop

iOS 26.1 Brings Back 2007 Feature in New Way

Friday October 31, 2025 1:40 pm PDT by
The upcoming iOS 26.1 update includes a small but helpful change for iPhones, and it could prevent you from running late to something important. Specifically, when an alarm goes off in the Clock app, there is a new "slide to stop" control on the screen for turning off the alarm. On previous iOS 26 versions, there is simply a large "stop" button, which could be accidentally tapped. The new ...
M5 MacBook Pro

Waiting for New Macs? Apple Just Shared Bad News

Friday October 31, 2025 7:32 am PDT by
Apple has just given a strong indication that it will not be releasing any additional new Macs for the remainder of the year. Apple's CFO Kevan Parekh dropped the hint during the company's earnings call on Thursday:On Mac, keep in mind, we expect to face a very difficult compare against the M4 MacBook Pro, Mac mini, and iMac launches in the year-ago quarter.Parekh essentially gave a heads up ...
Apple Foldable Thumb

iPhone Fold: Launch, Pricing, and What to Expect From Apple's Foldable

Friday October 31, 2025 8:52 am PDT by
Apple is expected to launch a new foldable iPhone next year, based on multiple rumors and credible sources. The long-awaited device has been rumored for years now, but signs increasingly suggest that 2026 could indeed be the year that Apple releases its first foldable device. Below, we've collated an updated set of key details that have been leaked about Apple's foldable iPhone so far. Ove...
Apple Logo Spotlight

Report: Apple to Launch These New Products in 2026

Sunday November 2, 2025 5:34 am PST by
Apple is planning to launch at least 15 new products in 2026, according to Bloomberg's Mark Gurman. Gurman outlined what to expect from Apple in 2026 in the latest edition of his "Power On" newsletter. He said the company is heading "into one of its most pivotal years in recent memory," with the rollout of major new Apple Intelligence features, intense regulatory pressure on the App Store,...
Coffee Burgundy and Purple iPhone 18 Pro Mock 1

Leaker Outlines Potential New Colors for iPhone 18 Pro

Friday October 31, 2025 8:28 am PDT by
Apple's iPhone 18 Pro models could be available in new rich and warm color option, according to a known leaker. The Weibo user known as "Instant Digital" today suggested that next-year's iPhone 18 Pro models will be available in at least one of the following color options: Coffee, purple, and burgundy. The iPhone XR, iPhone 11, iPhone 12, iPhone 14, and iPhone 14 Pro were all available in ...
Apple Intelligence General Feature 2

New Version of Siri to 'Lean' on Google Gemini

Sunday November 2, 2025 6:06 am PST by
In his "Power On" newsletter, Bloomberg's Mark Gurman today provided an update on the status of Apple Intelligence and the plans for it in 2026. Apple is still planning to roll out its revamped version of Siri around March of next year. The release should be accompanied by the release of a new smart home display product with speaker-base and wall-mount options. A new Apple TV and HomePod...
HomePod mini and Apple TV

New Apple TV and HomePod Mini Likely Launching Soon

Sunday November 2, 2025 5:49 am PST by
A new Apple TV and HomePod mini could launch as soon as this month, Bloomberg's Mark Gurman today suggested. In today's "Power On" newsletter, Gurman said that Apple retail stores are planning an overnight refresh on the evening of November 11, where changes will be made after closing, such as refreshing displays and placing new products for the following day. The timing of the overnight...
iPhone 17 Pro Cosmic Orange

8 Reasons to Wait for Next Year's iPhone 18 Pro

Thursday October 30, 2025 4:42 am PDT by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models at the same time, which is why we often get rumored features months ahead of launch. The iPhone 18 series is no different, and we already have a good idea of what to expect for the iPhone 18 Pro and iPhone 18 Pro Max. One thing worth...
iOS 26

6 New Things Your iPhone Can Do in iOS 26.1

Wednesday October 29, 2025 4:22 am PDT by
Apple is about to drop iOS 26.1, the first major point release since iOS 26 was rolled out in September, and there are at least six notable changes and improvements to look forward to. We've rounded them up below. Apple has already provided developers and public beta testers with the release candidate version of iOS 26.1, which means Apple will likely roll out the update to all compatible...

Top Rated Comments

Primejimbo Avatar
178 months ago
Who the hell still uses ATT?

It works where I need it too and Verizon doesn't, so why not? Why do people use Sprint, T-Mobile, Verizon and others? That was probably one of the stupidest comments I have ever read on here. :rolleyes:
Score: 32 Votes (Like | Disagree)
snowmoon Avatar
178 months ago
AT&T reserves the right to (i) limit throughput or amount of data transferred, deny Service and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited above or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network.
This does not deal with the situation at hand since they can't claim that 3G "negatively impacts wireless network or service levels" while turning around and selling 5G/month service to others.
Score: 29 Votes (Like | Disagree)
Peace Avatar
178 months ago
The United States is in dire need of upgraded broadband.
Score: 24 Votes (Like | Disagree)
FSMBP Avatar
178 months ago
Maybe they shouldn't have offered "Unlimited Data" when they didn't have the means to keep it up.

I know they're people who 'abuse' the network, but don't invite people when you don't have enough seats at the table.
Score: 20 Votes (Like | Disagree)
g-boac Avatar
178 months ago
It's clearly not keeping with the spirit or intent of an unlimited data plan to simply cap the data and the cost at the same as a paid data plan - by definition this is not "unlimited".

I understand that it's fair to reasonably draw the line at some point, but this can effectively be done on a case-by-case basis where someone is truly and egregiously exceeding the mean usage by several standard deviations.
Score: 16 Votes (Like | Disagree)
dcranston Avatar
178 months ago
I'm not that up in arms over the "unlimited" thing, although it does seem like a misnomer. I think the precedent which seems illegal is this part:

A class action suit might be the normal evolution of such a complaint, but AT&T's subscriber contract prohibits class action or jury trials, leaving arbitration and small claims as options for unhappy customers.

Having language that restricts how one is able to take a company to court seems...very much not okay.
Score: 15 Votes (Like | Disagree)