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Old 05-02-2012, 19:41
SkyPlatinum
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http://www.asa.org.uk/Complaints/How-to-complain.aspx

Please complain about t mobile to the ASA in relation to capping of data speed @ 1mbs on the full monty plan.
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Old 05-02-2012, 19:56
Thine Wonk
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Do it, they have form for this sort of thing. They seem not to have learned their lesson from only a few months ago.

Hopefully it'll get a referral to Ofcom and have a fine imposed or a shortening of their licence.

http://www.ispreview.co.uk/story/201...net-claim.html


The UK Advertising Standards Authority (ASA) has taken a leaf out of its new guidelines on the abuse of "unlimited" terminology (here) to uphold nine complaints against several website, press and poster based adverts for T-Mobile UK's mobile broadband service. Each promotion mentioned "truly unlimited internet" access, which was ruled as misleading because "restrictions had been imposed on the plan".

ASA Ruling October 2011.

The ASA considered that “Truly Unlimited Internet” was a very strong claim, and went beyond a typical “unlimited” internet claim, which we considered consumers understood would be likely to be subject to some limitations such as a FUP.

Although we noted that the plan was not subject to a FUP and that the three exceptions/restrictions were set out in the ads' small print, we considered that, to all intents and purposes, where an ad claimed that a plan was “Truly Unlimited”, exclusions would be contrary to a consumer’s expectations. We therefore considered that the information in the small print contradicted the headline claim “Truly Unlimited”.

Because we considered that exclusions to an internet plan advertised as “Truly Unlimited” would be contrary to consumers’ expectations and because we understood that restrictions had been imposed on the plan, we concluded that the claim was misleading.

The claim breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation), 3.9 (Qualification) and 3.11 (Exaggeration).
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Old 05-02-2012, 19:57
jabbamk1
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It is capped at 1.8mbps like it is for all plans. Not 1mbps
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Old 05-02-2012, 20:00
SkyPlatinum
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It is capped at 1.8mbps like it is for all plans. Not 1mbps
Wrong. Totally wrong. I was capped at 1.8mb up until yesterday when I switched to the full monty plan. It's capped at 1mb. I spoke to t mobile technical today and they confirmed that there is a marker on ALL Full monty accounts blocking any speeds over 1mb. You are talking rubbish mate.
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Old 05-02-2012, 20:07
Thine Wonk
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Ofom now say:

http://stakeholders.ofcom.org.uk/bin...nse-to-asa.pdf

3. In relation to the use of the term “unlimited” in broadband advertising, we
recommend the following:
• The use of the term unlimited is only permitted where the service in
question has no usage caps through a ‘fair usage policy’ or similar
They also say:

Ofcom has delegated the function of regulating broadcast advertising to the
Advertising Standards Authority (ASA), but remains responsible for approving
code rules and for deciding what action is appropriate in cases referred to it by
the ASA



The ASA may refer cases of non-compliance to Ofcom if it
considers that there is a case for the imposition of financial sanctions, and Ofcom
will consider such cases.
So those like Giffgaff, Three, T-mobile. If they want to do All you can eat / Full Monty / Totally unlimited it has to be that, otherwise they are going to get into trouble with both Ofcom and the ASA.

The ASA code now has rules about unlimited, if the ASA has repeated problems with for example T-mobile they will refer the case to Ofcom for sanctions to be imposed on the operator such as big fines, or the forfeit of a period of licence.

Here is what the ASA code states:


* The term "unlimited" can only be used if the customer incurs no additional charge or suspension of service as a consequence of exceeding a usage threshold associated with a Fair Usage Policy (FUP), a traffic management policy or similar.

* Limitations that do affect the speed or usage of the service must also be moderate only and clearly explained in the advertisement.
SkyPlatinum - was the speed cap clearly explained on the website or advertisement? if not then the complaint will almost certainly be upheld if you have proof of a cap.

And yes the ASA now deals with claims made on websites too!
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Old 05-02-2012, 20:26
SkyPlatinum
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Ofom now say:

http://stakeholders.ofcom.org.uk/bin...nse-to-asa.pdf



They also say:



So those like Giffgaff, Three, T-mobile. If they want to do All you can eat / Full Monty / Totally unlimited it has to be that, otherwise they are going to get into trouble with both Ofcom and the ASA.

The ASA code now has rules about unlimited, if the ASA has repeated problems with for example T-mobile they will refer the case to Ofcom for sanctions to be imposed on the operator such as big fines, or the forfeit of a period of licence.

Here is what the ASA code states:



SkyPlatinum - was the speed cap clearly explained on the website or advertisement? if not then the complaint will almost certainly be upheld if you have proof of a cap.

And yes the ASA now deals with claims made on websites too!
There is no mention of a cap anywhere. Even some t mobile customer services staff don't acknowledge the cap. I have emailed the CEO of t mobile, OFCOM and ASA.
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Old 05-02-2012, 20:30
Thine Wonk
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Well if you can prove there is a cap somehow and submit your evidence to the ASA they can take action just like they did in October. For another offence within such a short time I'd be asking the ASA to consider a referal to Ofcom for financial sanctions as this matter is very serious and misleading to consumers.

Ofcom and the ASA are very serious about these misleading unlimited claims at the moment, I wouldn't be surprised if there's a big clamp down on this untruthful and misleading claims over the next few months as the regulators enforce these new rules.
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Old 05-02-2012, 22:32
jabbamk1
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Wrong. Totally wrong. I was capped at 1.8mb up until yesterday when I switched to the full monty plan. It's capped at 1mb. I spoke to t mobile technical today and they confirmed that there is a marker on ALL Full monty accounts blocking any speeds over 1mb. You are talking rubbish mate.
Calm down man.

I was told 1.8Mbps by T-Mo so i was just relaying back what i had heard.
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Old 05-02-2012, 22:53
alanwarwic
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We used to have unlimited on dial-up which was 33k if you were lucky.
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Old 06-02-2012, 10:52
daleski75
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Wrong. Totally wrong. I was capped at 1.8mb up until yesterday when I switched to the full monty plan. It's capped at 1mb. I spoke to t mobile technical today and they confirmed that there is a marker on ALL Full monty accounts blocking any speeds over 1mb. You are talking rubbish mate.
Can you run multiple speed tests to confirm this is definitely the case?
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Old 06-02-2012, 17:00
The Lord Lucan
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Seems other people are having the same experience with the Full Monty unless this is you SkyPlatinum?

http://i44.tinypic.com/2evvs7k.jpg


RE T&C's. This was the actual link T-Mobile twitter staff gave when i asked about caps on the Full Monty plan.

http://www.t-mobile.co.uk/shop/terms...the-full-monty
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Old 06-02-2012, 17:58
daleski75
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Ouch it will be interesting to see what T-Mobile come back seems they went on record saying their Full Monty tariff is NOT capped to 1mbit when it looks like it clearly is.
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Old 06-02-2012, 18:10
SkyPlatinum
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Ouch it will be interesting to see what T-Mobile come back seems they went on record saying their Full Monty tariff is NOT capped to 1mbit when it looks like it clearly is.
Apparently it's being looked at a very senior level to get this sorted. This currently stinks of the technical director and marketing directors not talking to each other. T mobile are in a clear breach of ASA and OFCOM conditions. They have promised to get back to me this week
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Old 06-02-2012, 18:17
The Lord Lucan
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A few more on twitter..

http://i42.tinypic.com/2i703e0.jpg

PR Nightmare!
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Old 06-02-2012, 19:34
ajh94
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Very very bad T-Mobile... Shame on you!!!!!
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Old 07-02-2012, 18:35
SkyPlatinum
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Full monty speeds still being capped
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Old 07-02-2012, 18:51
The Lord Lucan
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Another geezer has compared his iPhone 4s that is on Full Monty with his iPad which is on the T-Mobile iPad Tarrif.

Full Monty on the left.

http://i42.tinypic.com/2drnk0.jpg

T-Mobile have contacted him saying there is no cap on his account what so ever................
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Old 07-02-2012, 19:23
daleski75
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I think everyone who is on this tariff should start contacting OFCOM and/or ASA as T-Mobile are capping everyone to a stupid speed and denying knowledge of it is out of order specially if there is NO cap!.
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Old 07-02-2012, 19:50
ajh94
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Its insane, its such a shit speed and what's worse is they are saying they are not when they clearly are!
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Old 07-02-2012, 19:51
Thine Wonk
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It's the ASA you need to contact and show them any T-mobile websites or adverts online or anywhere else which show that the full monty is unlimited, but that don't clearly state information about a speed cap.

It is also worth showing evidence of a cap such as several speed tests on the full monty vs other tariffs on T-mobile at the same time, location and on the same equipment or any other evidence such as official T-mobile Twitter, small print etc talking about the cap.

IF you can prove it then they WILL be in trouble with the ASA, as they will be in breach of ASA rules. It will be the second time in 6 months I would also ask the ASA if they will refer the case to Ofcom for consideration of financial penalties as a result of repeatedly being dishonest and misleading consumers.
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Old 07-02-2012, 21:07
dringie
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Hello everyone I been having the same trouble as everyone else on Full Monty and have been calling day and night to get to the bottem of it.

After untold amount of calls I recieved a call back from a T-Mobile rep who basically said, T-Mobile was going to remove the cap bet decided against it becuase they feel the need to protect their broadband customers.

I'm so upset because we have been decieved, I would have never taken a TWO year contract if I had known this.

Good thing is I have a T-Mobile phone provided by my work that has the 1.8MB/s cap. Ill knock a video up proving a cap is in place.

I'm on the verge of leaving T-Mobile now (14 day return period) so I don't know how far I am willing to fight this before I just give up and leave any ways.
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Old 07-02-2012, 21:07
The Lord Lucan
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I think the fact they have stated several times on twitter, Facebook, over the phone and on forums that it's not capped should have Ofcom involved never mind the ASA if it turns out it is. I would ask one of people involved to get T-Mobile to write them a letter stating they do not cap... Will be interesting to see if they obliged.
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Old 07-02-2012, 21:25
Thine Wonk
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If you read my post above you will see that Ofcom has delegated their regulatory responsibilities with regard to advertising of unlimited offers and advertised speeds to the ASA.

You can't complain to Ofcom as they will just tell you to go to the ASA. However the ASA can refer cases that have been found in breach of ASA code to Ofcom for consideration of financial sanctions, such as a fine or shortening of the operators licence. There is a good chance of the ASA referring this case to Ofcom if they find there is a cap, because it would be the 2nd offence for the same operator within just a short amount of time (they have already been found to be untruthful and misleading by the ASA over their advertising of 'totally unlimited' in the last 6 months).

You will need to prove or provide some supporting evidence of a cap and where you saw the advert or details on the website stating it was unlimited, with no prominent and clear mention of the cap.

Here is the ASA complaints form:

http://www.asa.org.uk/Complaints/How...orm/Step1.aspx
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Old 07-02-2012, 22:07
dringie
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Just made a video with all the evidence of speed capping we need. In the process of uploading it now. The video clearly shows and old web 'n' walk perform faster than the capped Full Monty plan. The fact T-Mobile on Twitter said there was no cap should be all the evidence we need.
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Old 08-02-2012, 07:05
dringie
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Here is the video showing the speed cap.

https://www.youtube.com/watch?v=oZGv...e_gdata_player

How do I post this to the ASA?
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