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Verizon's EV-DO service is capped at 5GB per month

Verizon Wireless has gotten its hands caught in the cookie jar over the use of the term "unlimited" when referring to its EV-DO broadband service. Verizon advertised the unlimited service even though users could actually bump up against an artificial limit.

Verizon has been dropping customers for the past few years for excessive data usage, but the actual limits weren't until recently revealed in the terms of service (TOS). Verizon recently changed its TOS to indicate that the previously invisible download cap is actually 5GB per month.

In addition to the 5GB cap, the TOS also shows that, "Prohibited uses include, without limitation, the following: (i) continuous uploading, downloading or streaming of audio or video programming or games; (ii) 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 (iii) as a substitute or backup for private lines or dedicated data connections." The TOS continues, "Anyone using more than 5 GB per line in a given month is presumed to be using the service in a manner prohibited above, and we reserve the right to immediately terminate the service of any such person without notice."

According to Verizon, its broadband service should only be used for Internet browsing, email and intranet access.

Verizon Wireless' Jeffrey Nelson had this to say about the change to the TOS, "Been reading and want to acknowledge that we added the 5GB language to the Ts and Cs of our "Unlimited FOR" Broadband Access plan several months ago. And, as some have noted here, while the Ts and Cs have remained the same, for those who don't go through the fine-print and get their impression of what the "plan" is just from advertising, we've been migrating the visuals away from a big "unlimited for" to providing more detailed information about our monthly broadband plan."

Verizon's website no longer uses the term "unlimited" to describe its EV-DO service.



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Can we say Class Action?
By bkiserx7 on 4/4/2007 4:28:41 PM , Rating: 5
Let's all get together and do it!




RE: Can we say Class Action?
By SeanMI on 4/4/2007 4:30:40 PM , Rating: 1
Why not? Microsoft already has one on their hands!


RE: Can we say Class Action?
By ultimatebob on 4/4/2007 4:57:40 PM , Rating: 3
Do any lawyers think that there is a chance for criminal charges as well? There has to be a "truth in advertising" statute that Verizon is breaking somewhere with despicable actions like this!


By Seemonkeyscanfly on 4/4/2007 4:57:50 PM , Rating: 2
What? Can you speak up, I can not hear you now!


RE: Can we say Class Action?
By BladeVenom on 4/4/2007 9:09:34 PM , Rating: 2
Cable companies do the same thing. Have they been sued?


RE: Can we say Class Action?
By evdoguy on 4/4/2007 10:55:49 PM , Rating: 4
Verizon has been canceling EVDO users for the last year, you can read about it at:

http://www.evdoforums.com/thread2366.html


By theapparition on 4/5/2007 7:58:01 AM , Rating: 3
With just a cursory look at the facts, I do believe Verizon is in the wrong here. However, if you think a class action will make any difference, you're deluding yourself. Besides taking years, your unlikely to receive any form of direct compensation. More than likely, you'll receive discounted "future" services, which by that time-you may not even be on, or desire, any of Verizon's services.

If you legitimately feel you were wronged, I'd suggest documenting everything you can. Then contact Verizon directly, present the evidence, ask for a refund, and threaten to quit service. You'll usually find your continued business is more valuable to them than a one time refund. You also have to be realistic, can't ask to be refunded since the begginning of time (analogy: Can't refuse to pay for your horrible dinner if you already ate it).


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