Whamming Eats the Mobile 5G “Data Cap” Limits

For one month, this iPhone 5G mobile broadband user has over 5.4 Gigs used, with at least 4.1 GIGs used by applications that the customer is not using — one of the most egregious customer issues, known as ‘Whamming’. There is no study we could find that gives the number of wireless mobile broadband users that used up their data cap and were ‘throttled’, but did not know that this was caused by the applications that were not turned off but were updating and downloading to their iPhone.

IRREGULATOR CHALLENGE: SEE YOUR CELL USAGE BY APP: Go to “Settings”, then Select “Cellular”.

What do you pay for?==Fave Line: “Partial megabytes are rounded up… “Actual Usage” includes all of your requests to upload or download data, whether or not such data is actually uploaded or downloaded, as well as network overhead.” Mint Mobile, T&C.

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NOTE: THIS IS BEING FILED AT THE FCC: Supplemental: Reply Comments pertaining to the FCC Data Cap Notice of Inquiry. We will be posting a series of new FCC and FTC filings.

The IRREGULATORS present new research and a new report that has been filed with the FCC in a new proceeding that examines the application of Data Caps. We filed comments and a Call for an Investigation of and the Removal of Data Caps.

• FCC Filing 1: IRREGULATORS: COMMENTS AND A CALL FOR INVESTIGATIONS
• FCC Filing 2 : SEPARATE REPORT ATTACHED: IRREGULATORS ANALYSIS: Wireless Resellers: MVNO (Multiple Virtual Network Operators) Implications of Current Market Forces and Data Caps.

“Data Caps” are a limit on the use of the wireless mobile service once a specific threshold of “GB”, also known as “GIGs”, has been used. At which point, the customer’s service will be slowed to an unusable speed and capacity for usually the duration of the monthly billing cycle. Some plans allow the customer to purchase more Gigs, but plans have different restrictions about ‘tethering’; or using a ‘hot spot’ for wireless service use not in the plan.

APP-GIG-STUFFING: The opening chart is from the October 2024 iPhone usage for various apps that came with the phone. And this shows that the major apps are updating, etc. Unless the customer knows about this and takes action, their total usage could go over their allotted data.

The CTIA, The Wireless Association, claims that customers are well informed and that there is a vibrant competitive marketplace.

“Consumers are also well-informed about the choices they have in the wireless marketplace. Industry practices, along with Commission transparency requirements and broadband consumer labels, ensure that consumers have all the information they need to make informed decisions regarding the wide variety of options available.”

“Whamming” is the collection of different ways that adds GIGS of phantom usage, from updates of applications that can rack up at least a 1/3 of total usage, even when no one used the phone or the apps.

While the CTIA wireless association claims that customers have choice and have been given information to manage their wireless use, there is no study we are aware of that shows that customers are in control and understand the basics of broadband usage, including shutting off applications that are being updated but are not being used.

Whamming 2: Network Stuffing.

In the old days, when a customer called someone on a phone, if the call did not go through, for whatever reasons, the customer would not be charged. This included ringing but no answering or a busy signal.

In our first study on whamming in 2017 we found:

“We estimate that 40% of all data plan costs are based on this and other questionable wireless activities, like ‘unconscious billing’, where the phone mysteriously has charges on the bill, even when the phone appears to be asleep or shut off.”

“We estimate that $8 billion a month is now being overcharged to pay for this grotesque wireless ‘gig pumping’ of America’s web sites.”

“On an average bill, (2.9 connections), the four largest wireless companies (AT&T, Verizon, T-Mobile and Sprint) collected, on average, about $150 bucks a month in 2016. Forty percent, about $60.00 a month, is in question and caused by this advertising and tracking.”

And in 2024, Mint Mobile, the supposedly cool network, with a movie star, has a ‘terms and conditions’ that should be called — “How to get away with egregious acts”. Here is an excerpt of how the customer gets billed — from data caps to being charged for network overhead.

Just to demonstrate how outrageous all of this is, Mint Mobile has larger ‘data plans’ but:

• The word “unlimited” means nothing and is deceptive.
• They are all capped and then the speed can get so slow it cannot be used.
• The customer is charged for essentially busy signals or no answer at all.

Mint Mobile is a MVNO, reseller of T-Mobile. =================================

“8.6 Data Usage Level. Mint Mobile has set a monthly (30-day or 31-day, depending on the plan purchased; see above Section 8.2 for explanation of monthly cycles) 5G and/or 4G LTE data usage level (“Usage Level”) for each of the Mint Mobile Service plans. 5G and/or 4G LTE access requires a capable device and SIM within an appropriate coverage area. Actual availability, speed, and coverage may vary. Data for personal use in U.S. only. Our network supplier measures your upload and download data usage (“Actual Usage”) to determine if your total Actual Usage, as aggregated over the applicable 30-day or 31-day period (“Usage Total”), exceeds the 30-day or 31-day Usage Level for the Service plan you selected, at which point you may be unable to send and receive data (which may prevent you from sending or receiving MMS messages) over the Mint Mobile network until the end of the applicable 30-day or 31-day period, except to the extent you purchase a data add-on. Partial megabytes are rounded up. Please note that “Actual Usage” includes all of your requests to upload or download data, whether or not such data is actually uploaded or downloaded, as well as network overhead. For example, if you request that an image be downloaded to your Device or your Mobile HotSpot (tethering) but travel outside of your network coverage area before the download is complete, such request will be included in your Actual Usage even though the image was never downloaded. The amount of high-speed data available for Mobile HotSpot (tethering) available for any 30-day or 31-day Service period is limited to 5GB for Unlimited plan. If you purchased an Unlimited Service plan and you exceed your Service plan’s 30-day or 31-day Usage Level (40GB of 5G and/or 4G LTE data on Unnecessary plan), Mint Mobile or its network supplier will reduce the speed at which you can send and receive data over the Mint Mobile network until the end of the applicable 30-day or 31-day period, except to the extent you purchase a data add-on. Certain data-intensive activities including but not limited to online gaming, file downloads/uploads, and video streaming, may be limited and/or inaccessible on network after data is reduced after 40GB on Unlimited Service plan and after 60GB on Unnecessary Service plan. For all Service plans, we or our network supplier may also reduce speeds during times of network congestion, or for violation of these T&Cs or Acceptable Use Policy. Once you begin a new 30-day or 31-day period in your Service plan, your Service plan Usage Level will be reset and your upload and download speeds will be restored, subject to all limitations listed in these T&Cs”,

Mint Mobile is a reseller, known as an MVNO, and they put their brand name on the service, in this case provided by T-Mobile. These terms and conditions and the company’s behavior are not unique but an industry wide problem.

But it is the low-end users that are the most gouged.

Data Caps might be reasonable if the customer wasn’t being whammed, which is adding GBs of extra data on multiple ways of deception.

The most impacted are the low volume users that don’t use their cell phone continuously, low-income families, especially those who were on the ACP low-income plans where the family received a government subsidy up to $30 a month.

According to the ACP program summary, the average price per GB was around $4.50, not counting surcharges. Only 25% of the ACP recipients had their total bill covered.

As we show in our report, the plans for under $30 can have 1–6 GIGs on average, and this would mean that through Whamming, and other issues that eat into the customers’ use of their service, their service will either be slowed and/or they will not be able to use the very services that require streaming or Zoom group calls.

We leave this with the current requirements of Netflix and Zoom, showing that a data cap of under 5 GBs would give a few 2 hour movies or Zoom group meetings.

Netflix, Zoom, and other streaming and video conferencing:

§ Require 2.-4 GB per hour for HD streaming or group meetings.

If a customer has even 5GB, at HD quality, they use up their allotment and cannot use the service for streaming.

Coming Next: The IRREGULATORS will be filing a group of new FCC, FTC and state requests for investigations and legal actions.