However, it seems the ASA (Advertising Standards Authority) have also waded into this particular row.
The summary is the ASA have agreed that the plan does NOT offer unlimited access to the internet, and that T-Mobile must remove that wording by Friday of this week. The ASA did not consider the speed caps we’ve reported to break the rules though.. more the traffic shaping (peer-to-peer restrictions), noting that such traffic is only unrestricted for six hours of the day.
As noted by PcPro the plans now seem to have changed, and specifically exclude tethering in the wording. Whether the traffic shaping for peer to peer and speed limits will be lifted remains to be seen. It seems as though T-Mobile are going to argue by removing tethering, that this makes it less likely users will expect to be able to use services like peer to peer on their network.
For now though, choose your network carefully..!
Since publication we have received the following quote from T-Mobile:
“We are pleased that the ASA has ruled that the majority of our traffic management policies are compliant with the CAP Codes. However, we will take on board the ASA’s findings on peer to peer file sharing and make the necessary changes to our network traffic management.
Our customers should rest assured that the speeds available to them on our Full Monty plans are sufficient for all devices and users – including data downloaders with the latest smartphones, and data services such as video streaming, social networking, browsing, emailing, and music downloading.”
Source – PcPro.co.uk