Humberto Saabedra is the Editor-in-Chief of AnimeNews.bizPhoneNews.com and an occasional columnist for Ani.me. He can also be found musing on things at @AnimeNewsdotbiz

15 responses to “Straight Talk And Walmart In California Class-Action Suit Over Unlimited Data”

  1. Tyler

    Thank you! this just recently happened to me and I was furious. I would like more info. on joining this class action law suit if possible. I have since deactivated my service as of today. I emailed them, called, and here’s their weak response.
    “Thank you for your interest in Straight Talk Wireless. We are
    responding to your recent inquiry.
    We understand that you do not have internet connection on your phone.
    We would like to apologize for any inconvenience you have experienced
    with this matter.
    Your account has been reviewed and the data speed on your phone has been
    suspended. Your data service will be restored after your renewal date
    period. A Customer Service Representative cannot override this policy
    to restore your service. “

  2. Martian

    The issue with this is 2 things in there terms it stats in a binding arbitration that they can’t take it to court and there maximum reward is 50$. Also in paragraph 6 is stats no streaming of any kind allowed no large uploads or downloads and no tethering or hotspoting. 90% of the people in this case have done 1 of the following and was throttled for it. The lawyers in this case if they have not do so already need to pull the data records for all involved. If any of them streamed just 1 video or songs that a violation of there terms. If they don’t they will be embarrassed in court.
    Paragraph 6 of ST’s terms:

    The Straight Talk Unlimited Plan MAY NOT be used for certain unauthorized uses that adversely impact our service. Examples of unauthorized uses include, without limitation, the following: (i) continuous uninterrupted mobile to mobile or mobile to landline voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address; (iii) uploading, downloading or streaming of uninterrupted continuous video; (iv) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing; or (v) as a substitute or backup for private lines or dedicated data connections. A person engaged in unauthorized uses may have his/her service throttled and/or terminated. Customers will be provided notice and an opportunity to take corrective action with respect to unauthorized uses before their service is terminated.

    1. Unhappy Camper

      Well if I’m not supposed to stream videos, then why did my phone come with a YouTube app AND a “play movies” app (which cannot be removed without rooting btw)

      Seems like a pile of cow’s turd to me…

    2. Guest

      It seems like the Terms and Conditions have recently been updated. I wonder if that has anything to do with the lawsuit…

  3. Straight Talk: An understanding of the cost of customer dissatisfaction. | Casey BenefieldCasey Benefield

    [...] there IS now, a class action suit for this issue and THIS blog post from Straight Talk themselves, which is coming into play. I [...]

  4. mark

    Hello
    I also got the same problems with straight talk co, i do lot of internet like gmail & YouTube & playstore apps & other video.
    They shut me off the internet n they i used to much data. I told them that i paid for it and it should not cut me off n this felt they rip me off cause i paid it. They said next month will go back to normal. So i did waited till new month n i paid them to renew it n guess owhat they did not give me internet access for over one and half week then got back my access to internet but they got paid from my money that i paid for it .

  5. dursam

    I’ve been using straight talk for 3 years. I don’t get what the problem is. I’ve know from day one their are limitations on streaming media and tethering, which I don’t have a problem with. But then, I actually read the terms of service, so I didn’t expect anything different.

    1. Vincent

      @dursam you read the whole terms of service word for word??? Wow! Thats amazing.

  6. Nekksys

    Yes, there are TOS violations among ST customers. Yes, tethering is not allowed under the TOS with ST due to it creating an “adverse affect” on the network. If one were to tether their phone to a web server at their own home and upload video to subscribed users, then most certainly, that would place an undue load on the network and adversely affect other ST customers. NO ONE IN THEIR RIGHT MIND WOULD DO THAT!!! Most folks I know tether their phones so they can check email or get the latest sports scores and _maybe_ watch replays from recent games.

    The biggest catch-word I see in the above section of the ST TOS is “continuous” which, as we all know, means “uninterrupted” or “unbroken” and is used particularly in reference to voice calls and video streams. Even on 4G, upload speeds are pathetic. Who would dare upload a webcam stream over a tethered phone connnection? And who could possibly maintain a voice call 24×7? I know some younger folks talk a lot but even they have to sleep some time!!!

    Even so, none of these things are remotely connected to the problems for which this class action seeks to address. The issue isn’t that ST cuts you off after a certain, seemingly arbitrary, data limit. It isn’t about whether there has been a TOS breach on the subscriber’s part. It’s not even about streaming data _TO_ a smartphone’s built-in YouTube app. It’s the fact that ST advertises their $45 service as “Unlimited” but has proven it to be quite limited by throttling data speeds and capping transfers.

    It should be quite interesting to see how this plays out.

  7. Straight talk lte - Android Forums

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  8. Stacy Smith

    1small problem (to put it sarcastically) with the terms of service IT CONTRIDICTS THE STRAIGHT TALK COMMERCIALS! Remember “Andrew” (1st name she assigned to android robot) & the woman who felt richer because she cut her cell phone bill in 1/2? All that $#¡+ “Andrew” was doing was a direct violation of “Crooked” Talk’s (see i can come up with nicknames also) TOS!
    2 Things: #1: FALSE ADVERTISING IS AGAINST THE LAW! Its called “Bait & Switch”. Thats why crooked talk is getting in trouble! They cut my wife’s internet all together for 6 days.

    #2: AMERICANS DONT LIKE BEING LIED TO! IT P!$$€$ THEM THE £u©K OFF!

  9. Straight talk unlimited = limited - Android Forums

    […] and even stopping peoples data. In fact they are being sued for reducing/cutting off data speeds: Straight Talk And Walmart In California Class-Action Suit Over Unlimited Data | PhoneNews.com That article is from August, since then they have clarified that you get 2.5GB of data before […]

  10. Chad

    It’s almost a shame that anyone it’s even standing up for ST.. I’ve used them for about 2 yrs and even got both of my parents on there plan. Recently (and I’m so curious to see what the reply is for this) I did a factory reset on my phone because I trusted ST’s data..if there throttling or cutting off data what are they doing marketing gs4 or iPhone 5’s? And even windows phones with some of the worse data..that is very misleading and fraudulent to say they are in competition with other carriers making you buy the phone outright then saying that these high data using phones are almost useless…I think that if they can’t provide the ability to use these phones correctly or to there potential then they should at least refund the phone..ESP since the consumer has bought it under the fact could carry those phones by the provider..not happy about resetting my phone

  11. Mike

    This is a moot point. ST no longer discontinues data access – it is just slowed after 2.5 GB high-speed data. Everyone complaining was looking for something for nothing.

  12. walter

    I had just bought 3 months of service from st, and I cannot watch any video for more then 5 sec then it freezes n wont load, I tried talking to them and all I get is call back on another phone, I have no other phone so whats the point in ever using this sucky service after the 3 months is up.

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