Although I am not a lawyer, there would seem to be an issue concerning the sale of "unlimited" plans, if there is a data cap on them. I know when I signed up with T-Mobile I went for the unlimited option and was assured that unlimited meant just that, unlimited. There was no mention of a data cap. By quietly imposing a data cap on so-called 'unlimited' plans, it would appear that T-Mobile are playing rather fast and lose with Federal law. In particular, The Uniform Commercial Code, Section 2-313 (2) states that,
"(a) Any affirmation of fact or promise made by the seller which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.
(b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description."
So, why are T-Mobile not in violation of these provisions?Are there any legal types who can explain how this can be legitimate?
"If I do not want others to quote me, I do not speak." -- Phil Wayne