Again? Wal-Mart's Straight Talk 'Unlimited' Mobile Data Plan Actually Quite Limited
from the that's-not-straight-talk dept
And I thought the days of companies claiming "unlimited" data plans when they really were very very limited had died out after Verizon Wireless got fined and started backing away from claiming "unlimited" data for plans that were actually quite limited. However, with Walmart teaming up with TracFone to offer the misleadingly-named "Straight Talk" mobile phone service, some are noticing the return of very limited mobile data offers advertised as "unlimited." As is pointed out in that link, beyond simply being flat-out wrong and more than a bit deceiving, it's pretty ridiculous for a brand called "Straight Talk" to lie in its advertising, and hide the details in the very very fine print.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: limited, straight talk, unlimited, wireless service
Companies: tracfone, wal-mart
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Straight Talk...
(Not unlike "Fresh" fruit; or "Quality" electronics.)
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Seems to me that he is suffering mostly from his own outrageous expections, not false advertising. Reading that he is a recently graduated lawyer sort of made the rest of the point for me.
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NO. You are in severe need of a reading comprehension skills class. I would recommend one that covers the basics in your case..ahem. The entire sales pitch is completely-fabricated misleading BS! How's that for starters? The only reason he was able to discover that "unlimited data" means "very limited data" is because he is a lawyer (which it seems is a neccessary skill set for reading TOS agreements these days, but that's another post). Take a short walk of a long pier jackass.
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So even if this plan were "fair" and not "misleading", at best you are required to jump through numerous hoops to compare plans. That alone for MANY,MANY,MANY people is a deal killer.
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Will the real John Doe please stand up?
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That definition of "data" should absolutely be spelled out more plainly, but overall it wasn't as misleading as I was expecting.
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Re: Will the real John Doe please stand up?
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I'm the real John doe
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He assumed data = internet.
They could've been more clear as to exactly what kind of data you would be getting in unlimited amounts (technically, unlimited phone and text messaging could be "unlimited data" -- hey, everything's data, right?), but they don't ever seem to promise unfettered access to all of the internet.
It seems roughly equivalent to going to an all-you-can-eat buffet at a Chinese restaurant and complaining that you can't get lasagna.
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The guy is being a doorknob because he is looking only at "UNLIMITED" and not paying attention, making him the moron in a hurry. Funny, coming from a lawyer.
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Re: I'm the real John doe
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If they define "data" in a particular manner, and then say that such data is available to you in an unlimited quantity, then what they said is absolutely true.
Burying their definition of "data" deep inside contract legalese is pretty crappy, though.
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RE: X statement with "but" is not actually true
The context is important. Everything needs context. Otherwise I could expect that "unlimited" means I can download the entire interwebs, file sharing to my heart's delight, for the rest of eternity, for free. We have to define these things in objective terms, which they do in the fine print, as is standard for most legal agreements.
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I would say that this guy has a very unrealistic expectation, and didn't pay attention.
Mike, did you even read what the article you linked from PCMag had in it? "Users can choose between a $45 per month plan that offers unlimited calls, texts, and mobile Web access"
Mobile web access, aka access the web from your mobile phone. I know, it sort of knocks the story off the rusty hinge you tried to hang it on.
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1. The all-you-can-eat offer applies only to items located on the buffet table.
2. Egg rolls are are specifically not provided on that buffet table.
3. You may not at any time bring in your own buffet table, especially for the purpose of making egg rolls available on it.
(This analogy is becoming strained. But you get the picture .)
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Re: Straight Talk...
(Not unlike "Fresh" fruit; or "Quality" electronics.)
I remember there being some gas stations around where I lived at one time that were selling "100 Octane" premium gasoline that turned out to be actually somewhat less than 100 octane. They claimed that it wasn't deceptive because "100 Octane" was just the product "name". This was back when the state Attorney General would actually go after such things and they made them change the name. I bet they could get away with it today.
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I'm the real John doe
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Depends on what the meaning of data is is
I propose, rather than parsing the word data, why don't they simply change their claim to be realistic and say unlimited text and usage of the phone's built-in browser on select networks. Deceit is deceit with or without an asterisk.
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Actually Public Knowledge is the link you need to look at, or you can continue your uniformed rant while ignoring the key points. Vested interest perhaps? LOL...twit.
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I'm not sure why you are accusing me of "defending Wal-Mart's practices". I've already said that they should have been more up front about their definitions.
What it DOES NOT do however, is provide a service as advertised.
It does, under the definitions used.
At a certain point a word loses it's meaning, and it truely strains credibility to define "unlimited" as is done with the Walmart plan.
"Unlimited" seems to describe the plan fairly accurately regarding the types of data specified. It doesn't seem to be stretching the meaning of the word at all.
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There was actually a Chinese buffet that made the news in my town for doing that. If they thought someone ate more than what they considered "reasonable" they would add a surcharge on to the bill. It was right there in fine print on the back of the menu. This was apparently the way they had been doing business for some time and it didn't seem to be hurting their business any (so much for "reputation" having any effect). The only reason it made the news was because they called the police and had a guy who wouldn't pay the surcharge arrested and his family had connections made a big stink about it.
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Well, if you make up your own definitions for everything then anything you say is going to be true, isn't it? I think they teach that in fraud 101.
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Based on my limited experience with buffet dinners, I'm fairly certain that guy was making a big stink in a variety of ways....
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@Chris Rhodes:Last attempt at basic logic here Chris, you really are starting to be a bore. Again "the data types specified" which do not include the internet. Yawn..I tried.
Go ahead Chris, continue to be a shill for the lowest common denominator of corporate practice. It seems to suite you well.
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Streaming audio/video is not "the internet". As I read the fine print, they say you may not access the internet except through their apps. If they include no apps to access the internet at all, then I agree that "data" is misleading, since that basically eliminates all data entirely under any definition.
Go ahead Chris, continue to be a shill for the lowest common denominator of corporate practice. It seems to suite you well.
How many times must I say it? Wal-Mart should have been more up front about their definitions. You keep trying to push the "Wal-mart Defender" angle, and I'm starting to think that perhaps I'm just feeding a troll . . .
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So, you're saying that their special definition of "unlimited" was given in the advertisement so that everyone one who saw the ad was immediately aware of what it really meant and that the word was not being used in the usual sense? And the "definition" was not just in the contract fine print? That's not how I understood the situation at all. What is your source for that?
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I read "unlimited" in terms of the quantity of data allowed, but perhaps some people such as yourself read "unlimited" in terms of scope.
Under my reading, the limited data types are available in unlimited quantity, and thus the advertisement is misleading only in the definition of "data".
Under your reading, however, I can see how "unlimited" would be seen as misleading, since the type of data allowed is, in fact, quite limited.
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Yeah, that would be unlimited.
Mobile Unlimited? AHHH! unlimited on that mobile, got it. You can use the mobile online to obtain an unlimited amount of data, based only on the limitations of the phone itself.
Just like the old unlimited buffet - there are no doggy bags from the buffet, and there is no unlimited outside of the phone.
It's amazing that anyone finds this hard to understand.
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We have a winner.....That's exactly it. The type of data is limited. Either way saying they "should be more upfront" is again, IMO, an major understatement. It's not just that they SHOULD be more up front, it's that is appears to me intentionally misleading to do otherwise. Sorry for sounding troll like, but you really didn't seem to get the point. My apologies if I crossed the line.
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Much like if I saw the aforementioned buffet advertising "Unlimited Food!", I would assume that "unlimited" was in reference to the available quantity of food and not that they necessarily offered an "unlimited" selection of food types.
Anyway, mystery solved.
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Re: Re: Straight Talk...
Octane isn't related to power, but speaks to resistance of combustion caused by high-compression engines.
Was the gas station in question full of funny cars and drag racers? I'd guess not.
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Re: Will the real John Doe please stand up?
You might as well have registered as "Anonymous Coward"
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For instance, most people would assume that any information you can legally download to your phone via provided outlet access(i.e. the internet) would be considered "data"--which it is. Most people also assume that all-you-can-eat buffets under common vernacular are limited to the amount of food the individual can consume in one sitting of the food provided by the establishment. In my mind, the effective analogy is that a restaurant advertises an all-you-can-eat buffet and then states in the legalese that the "buffet" is limited to just one of two buffet tables. The average person understands an all-you-can-eat buffet to included all food provided in all buffet tables.
Now, maybe I'm different from the general public, but when I read unlimited data, I don't think, "Cool, I guess I get all the texts and phone calls I want, but I'll have to read through the entire phone print to see what Internet data is included". If Wal-Mart were being honest, they would have stated "unlimited texts and calling" instead of "unlimited data" like many other ads do, because neither most people nor most dictionaries consider the two to be equivalent.
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Octane isn't related to power, but speaks to resistance of combustion caused by high-compression engines.
Not today, but this was back in the 1970's and there were indeed street driven hot-rods that could make use of such gas. I can remember hot-rodders back then going out to the airport to buy real 100 octane aviation gas.
Was the gas station in question full of funny cars and drag racers? I'd guess not.
Funny cars don't use pump gas, even 100 octane. And they don't drive them to neighborhood gas stations to fill them up either. A little more knowledge and a little less snark would do you good.
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Re: Re: Will the real John Doe please stand up?
I registered that one a long time ago. The other ACs are all impostors.
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No, that's the thing. It's not unrealistic because several other phone companies who advertise with the same terms, "Unlimited Data", do not have those same restrictions.
So the REASONABLE expectation would be that this plan would not have those limitations either.
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Re: Straight Talk...
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Damn. I didn't even get started.
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Phone Usage
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Just 4 Talking
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Comment
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Enough with Wal-Mart already!
Now doug, why do you feel ripped off? If you are interested in a phone with more capabilities, perhaps you should look into the contract phones. However, seriously look into the fees and surcharges. If you think $30 or $45 is too much a month for your phone, and you are not using the phone or it's capabilities, you should consider the other prepaids. Whether it's AT&T, Boost, Verizon, Tracfone, Net10, Virgin Mobile, or whatever, they all have their pros and cons, and are designed to make the consumer preview the information to determine the right one to go through. Just be very careful of Virgin Mobile, and scope out their coverage.
Oh, and usually you can return a prepaid phone to Wally world between 30 to 90 days, with RECEIPT and all packaging. They need those damned serial number barcodes on the boxes. However, you can't return cards once they have been used. Damn it! I can't send a moneygram to someone and get my money back after the person picked it up either. What the heck is this world coming to?
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Oh and then...
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False Addv - Fraud Claim Internet mobile Web - You do not have Access - Error
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It's "unlmited" to me :)
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Unlimited
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this guy is crazy
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Re: Will the real John Doe please stand up?
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Unlimited has always been misleading.
The biggest reason I always find though for the 5GB cap is because the hardware on the 3G/EVDO networks can not capable of handling unlimited data transfers to every customer on the plan. Just research cable ISPs for an example and you will realize that they even have a cap even though they are "unlimited". It's a way to keep the network stable.
As 4G rolls out this year we will see the cap increase to a point where 4G cell phones will be able to handle more data and possibly stream music for a months time without reaching its cap. Again it is a play on words but there is a reason for the caps. Besides 5GB data is well more than enough for a cell phone (Aka no streaming music or videos constantly). Tethering a device of course will only bring you to that 5GB limit within a couple days as the plan was not intended for such. Don't get me wrong the hardware can be tethered but that is a feature that the manufacture makes but does not mean at any point that the service provider must use that feature of the phone or support it.
Just do some research and you'll see what I'm talking about.
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Straight Talk is great
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When my contract is up in 4 weeks I will be glad to become a walmart Straight talk customer..... no contract and much more that I need even though its web is limited in scope.
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Re: Re: Re: Re: Re: Straight Talk...
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I still choose Straight Talk
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Sick of fine print
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Its still great
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Smartphone on Unlimited Straight Talk plan
- $45 a month for unlimited texts and minutes alone is a great deal
- While their simpler phones do have limited browsing capability, the Samsung Finesse, being a smartphone, has a full range of browsing and email applications
- An open 'unlimited' data package that could be tethered to a laptop would start to eat into and undercut the broadband market, opening up a whole can of worms for Straight Talk
Overall their plans are great value for money. 'Unlimited' is always limited in some way, we live in a finite world, be realistic please.
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Is it really an arguement?
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straight talk phones suck
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John Doe
Stop wasting your time making comments here, and get a job!
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Re: Straight Talk Data Phones
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register my phone
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Straight Talk TERMS
Straight Talk may discontinue providing Service to you, discontinue your account, or discontinue providing connections to particular telephone numbers or types of Services used or called by you, that, in the sole judgment of Straight Talk, appear likely to generate abnormally high call volumes/data usage or abnormally long average call lengths/data usage in comparison to those of other Straight Talk customers, or may be harmful, disruptive, or interfere with the Carrier’s network or services to other customers. (For detailed description of such activities, see “Straight Talk Features: Intended Use” under Mobile Web/Data Services Section below.)
By initiating Service and placing calls on the Carrier’s network, you acknowledge and agree to Straight Talk’s ability to terminate your Service under these circumstances.
Straight Talk does not guarantee the availability of Data Services in your home area at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services, or portions thereof, without notice.
So basically they can and will turn your phone off if you use it to talk and text (Too much, on an UNLIMITED plan?!)
OMG!
Really, read the FULL terms in this plan...
http://www.shopstraighttalk.com/bpdirect/straighttalk/Terms.do?action=view
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Re: straight talk phones suck
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ok now what the hell is this
also one more thing you can put all the negative comments you want about me on here it does not matter like i said i dont give a rats ass what u have to say in return i soport the strait talk plan and not that screw job that all the rest of america (excluding my self) voted for obama what a joke im black and i voted for mccain bitches
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hey josh
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Straight Talk's SCH-r810C Finesse™ (TracFone)
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"Who is Straight Talk Wireless?
They are a new Prepaid Wireless Cell phone company that is a joint venture of Walmart, Verizon Wireless and Tracfone. Walmart is providing the marketing, Tracfone is providing the prepaid phone software and the customer service and Verizon Wireless is providing the cell phone network."
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Straight Talk
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Strait shit sucks
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stright talk and phone
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Strighttalkbs
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Actual Straight Talk Experience
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Miami Mike
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Miami Mike
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You guys don't even have Straight Talk
Well, maybe you trolls should actually go in the store (that's right, step away from your computer), and look at the Unlimited Plan cards. It says UNLIMITED Talk, Text, Data, and 411 calls ANYTIME. That's what it says. I have one laying beside me.
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On Buffets
I was a straight talk customer and loved the service. I had the Nokia E70 and it blazed everything as far as any phone I ever had. And I had some nice Wimo phones from sprint like the Touch Pro and several Palm Treos through AT&T...
My gripe is this...they had so many damn caps and limitations on unlocking or flashing that damn phone so much so that no one I could find could ever do it...Maybe if they spent more of their god damn time capping the apps it can or can't do people will know within 30 days if their pissant unlimited plan is truly for them or not.
Nokia E70 for Straight Talk: 212 dollars
StraightTalk 'UNLIMITED' plan: 49.60
Terminating my service for 'overusage of unlimited data' and not allowing me to port my number everyone had for years or sell my phone because you suspended service to it for life: One pissed off motherf%^&er
StraightTalk getting their asses sued off in Class Action and either shut down or forced to stop their bullshit: Priceless
After fighting with them I got my month I had just paid for returned, but I had gone 3 months in and couldn't return the phone to walmart because you only have 30 days initially to do so. They never let me sell the phone because they permanently banned it from their network. I couldn't unlock or flash it because of their stupid security software that seemed virtually impenetrable (which I only considered AFTER they f%^&ed me on the phone). So yeah, I got burned 200 bucks while they laughed all the way to the bank. I can see why their mainstream phones work because they are programmed specifically to use BREW for games, ringtones, stuff like that...but when it isn't clearly made out that streaming is not allowed, and the phone will easily do youtube...and you spend hours riding in a box truck going location to location bored out of your mind...yeah you're gonna youtube a lot...or check emails for work.
At first they told me it was because I received 'business' emails to a phone that was only to be used for 'personal' use...until finally they said I simply used too much data...shit I even offered to pay 90-100 for my plan if they'd just let me have what I wanted...finally I told Hubib to go back to his damn country and that was that. I went back to Sprint...You clearly get what you pay for and if I am going for unlimited it better BE UNLIMITED dammit.
To hell with straight talk and their false advertising bullshit.
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told i could keep my phone num it didnt happen
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Misleading words and their intent
"Unlimited" means unlimited. Nothing more, nothing less.
All educated individuals with at least general public High School level intelligence ability fully understands that "Unlimited" implies "no data cap" or "restriction (s)" regarding use of device for "data transmission or reception".
Since most here have thoughtfully pointed out the deception employed to snare unwitting consumers into a deficient agreement, a good opening for corrective measures employed through Tort Courts has been presented.
I will not purchase a STRAIGHT TALK phone.
Thank you!
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https://www.ftccomplaintassistant.gov/
If they get enough complaints there is a great chance that all this bs and harassment will stop
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STRAIGHT TALK STRAIGHT ROBS PEOPLE!!!
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Response to: jsl4980 on Oct 20th, 2009 @ 11:52am
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I run my straight talk off an i phone that I Jail broke and Flashed. Now unlimited can mean unlimited but if you have any tech in you(lol)know that u can get away with staying under 2gb a month in data on the $45 plan. Yes, dont get greedy and it will be a good sevice. Yes i upload, download and tether.
Its a covert operation thus, stay under the radar!
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Re: Straight Talk...
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Response to: jsl4980 on Oct 20th, 2009 @ 11:52am
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my take on StraightTtalk
Oh, and as far a the return process goes, you can't get a new phone til THEY get your old phone (fair enough), but then they ask you for the original paperwork that came with the prior phone.. one contact there told me that their 30-day time period started the day you bought the phone, not the day it was shipped or received (5 days later in My case). Keep all your paperwork!
Make sure you read the fine print where it says that you can't easily transfer your contact information from one StraightTalk phone to another.. the SIM cards do not transfer and unless your phone can BlueTooth the info over to your computer for holding, you have to manually type every name and number in by hand, one at a time. I knew this going in, so I can't complain about it, but then again, I wasn't expecting a lot for $45 (ok, $48 with tax) bucks a month.
In a nutshelll, StraightTalk is a decent phone at a decent price IF you already know all there is to know about the phone you are buying (their customer service and manuals are truly abysmal at best), and you have underutilized towers in your area. Oh, sure, they use Sprint (in case of my Android phone) towers, but they don't tell you that Sprint only sells the excess capacity on the towers to non- Sprint customers. If it is a peak hour, my signal goes to zero..............while my associate with sprint (10 feet away in cube farm) gets 4 bars. I've had TracFone/StraightTalk (same company) phones for 4 years now.. take it from me...buy the cheap phones and plan on throwing them away if you have a problem. I do enjoy the unlimited data plans, at least in areas where I get signals!
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That's the point!
Your complete one sided interpretation of punctuation clarifies the issue. That statement can mean one or the other . . THAT IS THE PROBLEM! It is not "CLEARLY" stated so as to avoid any misinterpretation of the facts.
Don't be a #%^&@(@^#! How was that for punctuation.
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I think any one of us, who were honest with ourselves ( and not just "Full of Ourselves ), would naturally understand that if an ad promised "Unlimited Data" as the Lead In to the product being sold that this would naturally mean, in the common vernacular, "ALL DATA" including everything available and normally construed to be Data. This would be naturally assumed ( as Walmart certainly would be aware ) by the majority of everyday cell phone users. "Unlimited" would be just that...."Everything that is available", without limit! Most, everyday cell phone users, in my humble opinion would assume that What the were shelling out their hard earned pesos for was with the expectation of getting "Unlimited" in any way "DATA! > Come on u guys, this is totally absurd imo, OF COURSE WE KNOW EXACTLY WHAT WALLMART IS TRYING TO GET AWAY WITH. U all know this as well as i do!
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Wamart/Trakphone Straight Talk
I think any one of us, who were honest with ourselves ( and not just "Full of Ourselves ), would naturally understand that if an ad promised "Unlimited Data" as the Lead In to the product being sold that this would naturally mean, in the common vernacular, "ALL DATA" including everything available and normally construed to be Data. This would be naturally assumed ( as Walmart certainly would be aware ) by the majority of everyday cell phone users. "Unlimited" would be just that...."Everything that is available", without limit! Most, everyday cell phone users, in my humble opinion would assume that What the were shelling out their hard earned pesos for was with the expectation of getting "Unlimited" in any way "DATA! > Come on u guys, this is totally absurd imo, OF COURSE WE KNOW EXACTLY WHAT WALLMART IS TRYING TO GET AWAY WITH. U all know this as well as i do!
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Problems
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Response to: Anonymous1 on Oct 20th, 2009 @ 1:31pm
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Straight Talk on AT&T Galaxy Note
I tried my Note with T mobile and was frustrated with the service. It only pick up internet signal up to 2G, waste of money for a couple of months.
Very pleased now with S.T. service, pick up 4G signal everywhere is available and even use my cell as a hotspot with the proper android application without having to pay exuberant amount of money.
I recommend S.T. to anyone looking to save money on their cell service.
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Response to: Anonymous Coward on Oct 20th, 2009 @ 11:42am
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Then find out that months ago, before I paid to have it unlocked, before I spent WAY too much time trying to figure out why it turned anti data, they permanently 'downgraded' my phone so I can no longer go online. No warnings, no one let me know this happened or even had record of it till apparently now. And they tell me ill just have to throw out the phone I paid 300 bucks for and buy one of theirs. I would rather pay the extra to get a company that actually knows what they're doing and gives me what I pay for
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Walmart should be more obvious but as an advertising major this is average advertising like "organics"(brand name) orange juice.
Can you use fb with this phone and watch youtube with this phone plan(without downloading because who does that anyway)?
Can you drop Straight Talk and get another plan?
I will probably get this and use my computer at&t. Which means I am paying 59.95 for net and cellphone usage. Which to a college kid I'd great. Than I'll purchase the Lumia Nokia smartphone from walmart. :) which is 70. Rounded. I saved 172.00 which can be saved for later in life. You people are not helpful.
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Walmart should be more obvious but as an advertising major this is average advertising like "organics"(brand name) orange juice.
Can you use fb with this phone and watch youtube with this phone plan(without downloading because who does that anyway)?
Can you drop Straight Talk and get another plan?
I will probably get this and use my computer at&t. Which means I am paying 59.95 for net and cellphone usage. Which to a college kid I'd great. Than I'll purchase the Lumia Nokia smartphone from walmart. :) which is 70. Rounded. I saved 172.00 which can be saved for later in life. You people are not helpful.
One more thing, I wouldn't plunk out 60 dollars for the unlimited international, get a real phone plan , if you are willing to do that.
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Re: Re: Re: Re:
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Staright Talk's so called "UNLIMITED" plan.
I found the details buried deep in the gobeldy gook terms. So PLEASE tell me how this is not FALSE ADVERTISING? Anyone want to join me in a class action suit against these crooks?
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Staright Talk's so called "UNLIMITED" plan.
I found the details buried deep in the gobeldy gook terms. So PLEASE tell me how this is not FALSE ADVERTISING? Anyone want to join me in a class action suit against these crooks?
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Re: Straight Talk...
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Re: Unlimited has always been misleading.
read this... Yeah they seem to have every right not to let you use the phones features dont they?
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Response to: Sandy on Oct 24th, 2009 @ 2:39pm
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Response to: Anonymous Coward on Oct 20th, 2009 @ 11:42am
.HAVE SOME CIMPASSION. STRAIGHT TALK,S..NAME SHOULD BE STRAGHT RIP OFFS..UNLIMITED MEANS UNLIMITED
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Response to: Anonymous Coward on Oct 20th, 2009 @ 11:42am
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Re: Re: I'm the real John doe
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Re: Re: I'm the real John doe
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Re: Re: I'm the real John doe
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It is not Straight Talk /Tracfone/Net10 that is limiting your data
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No Streaming Allowed
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lol criswell
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Response to: Anonymous1 on Oct 20th, 2009 @ 11:52am
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have any of you actually dealt with straight talk
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Response to: John Doe on Oct 20th, 2009 @ 12:12pm
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Dirty butt sniffing crooks...
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Do not Trust What they say?
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the new 55 dollar plan is worse than 45 plan
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