Mobi PCS

When [redacted] originally contacted us regarding this refund request, she was given 3 months of a services costs as a refund as...

this is our policy as it relates to refund requests. It is the customers responsibility to notify Mobi PCS when they want to cancel service and [redacted] failed to do so. This complaint brings to light a new fact that [redacted] visited a store and paid the ETF's on the lines which should have caused the representative to address the fact that the line in question was still active.
Based on this new information we have decided to make an exception and provide [redacted] the full refund amount as she requested. She has been contacted and advised of the refund process. I hope this resolves this matter and the customers is satisfied with the resolution provided.

Initial Business Response /* (1000, 14, 2014/04/09) */
Complaint ID#: [redacted]
Consumer: Mr. [redacted]
Case Opened: 2014-02-19
April 9, 2014
Dear Revdex.com:
Thank you for notifying us of the Complaint filed by Mr. [redacted] on 2/19/2014.
We have been in contact...

with Mr. [redacted], as he emailed us on March 15, 2014. Our Mobi PCS Customer Care Representative responded on March 17, 2014. Below is the communication that was exchanged.
Mr. [redacted]'s Email received March 15, 2014
On Sat, Mar 15, 2014 at 9:44 AM, [redacted] wrote:

Aloha,
This is my final effort to resolve an issue I've been having with my so called unlimited Plan.
I've been receiving text(s) informing me my of over Data usage and slowing my system to 2G, I contacted the customer service line and was told by the Mobi Rep. that there was nothing they could do that the FCC controls usage and limits the company's. I asked to speak to a manager. After being put on hold for five minute I was told that the manager was not available. I was given the option of the manager calling me, I agreed to this. Management never called. So I went down to the Kam shopping center branch to talk to a Mobi Employee, who by the way was very helpful and did explain that the unlimited plan was limited to 20 Gigs a month, he also explained what I was using (Hot spot) was using all the data. So with my new found knowledge I decided to see if that was indeed the problem. I went without hot spotting, from February 26 to today March 15, Again I received a text saying I was going to have my serviced slowed immediately and once again I was dropped to 2G. I checked my data usage which I was tracking on my phone and I had only used around 8200 MB which does not breach the 20 gig barrier. So my question is, how is this resolved? I am paying for your most expensive plan only to be cut short. This has never happened before and I have been a Mobi customer for over 10 years And never had a complaint till now. Its to the point where I'm thinking of switching companies.

Thanks,
[redacted]. [redacted]
Concerned Mobi Customer..
Please contact at [redacted]@Yahoo.com
Mobi PCS Customer Care Response sent March 17, 2014
---------- Forwarded message ----------
From: "Mobi Support"
Date: Mar 17, 2014 2:15 PM
Subject: Re: limited
To:
Cc:
Aloha [redacted]:

Thank you for being a valued Mobi PCS customer! We really appreciate your loyalty as a customer since January 2008. Please let me apologize for you not receiving a call back when asked to speak to a manager regarding your account. I understand that you have been experiencing slower speeds with your internet. All Mobi PCS plans have a data cap in the amount of high speed data that is accessible on the network.

However, you have unlimited access but at a reduced speed once the high speed data allotment has been used. The reason you have experienced a significant amount of reduced speed is due to the amount of data that you have been using over the past few months. Mobi has incorporated an SMS alert system that now informs customers when they are reaching a critical point before being throttled to a slower speed. Below is your data usage for the past four months:



Phone Number 808-[redacted]
Next Bill Due 03/25/2014


Speed
Start End Gbytes # Days Reduced
02/26/2014 03/16/2014 10.80 19 n/a
01/26/2014 02/25/2014 21.84 31 n/a
12/26/2013 01/25/2014 28.39 31 n/a
11/26/2013 12/25/2013 21.15 30 n/a


You are on the $60 Premium unlimited plan and will continue to have unlimited access to the web. Please note that once you have exceeded your high speed data allotment on your monthly plan you will have a slower browsing experience. For the amount of data that you are using and depending on what you are using it for also determines the type of access and connection you will have to the network.

Mobi's data network truly is not designed for extensive downloads, video streaming or designed to be used with services such as Netflix or Hulu. We are a small local carrier and when multiple customer's use these kinds of services it limits others access to the network. If we did not have data restrictions set in place no one would ever be able to access the network.

I understand your frustration and we will be more than happy to speak with you and address any concerns you may have. I hope this helps shed some light on your concerns and if you would like to speak with a Sr. Customer Care rep we are available Monday through Friday from 8AM to 6PM at (808) 723-2101.

Mahalo

[redacted]
Sr. Customer Care Retail & Technical Support Rep

___End___
Per our email to Mr. [redacted], we truly value him as a Mobi customer, and we would like to assure him that Mobi PCS's rate plans are "unlimited." Mr. [redacted] is on the $60 Premium Unlimited rate plan, which includes unlimited talk, text, and data, with 8 GB at high-speed. Each of our rate plans that include data specify the amount of data that would be at high-speed. Once the high-speed data allowance is reached, customers are still able to access the internet and continue data use at reduced speeds at no extra cost.
Data usage by Mr. [redacted] prior to Mobi PCS's management of his use was unusually high - well in excess of the stipulated 8 GB of data at high-speed for Mr. [redacted]'s $60 Premium Unlimited rate plan:

Start End High-Speed Data Gbytes # Days Speed Reduced
03/26/2014 03/26/2014 0.04 1 n/a
02/26/2014 03/25/2014 11.31 28 n/a
01/26/2014 02/25/2014 21.84 31 n/a
12/26/2013 01/25/2014 28.39 31 n/a

As a reference, another wireless provider, [redacted], estimates that with 2.6 GB of data, a user would have:
88 hours of Pandora
2,100 Web page views
1,600 Flickr image views
128 hours of Facebook browsing
34,953 e-mails
71 hours of Google Maps use
The combined effect of data usage at the level consumed by Mr. [redacted] and other customers with similar use has been found to adversely impact the reliability and service level of Mobi PCS's entire wireless network--to the point of degrading service for a large number of customers who are using only a fraction of data by comparison. Mr. [redacted]'s usage is well over 8 GB of high-speed data, and he has continuous access to data, at reduced speeds. If our plans were actually "limited," Mr. [redacted] would not have any access to data after exceeding his 8 GB at high-speed. However, Mr. [redacted] can continue to use his data because it is "unlimited." Other wireless providers, such as T-Mobile, have similar "unlimited" models as Mobi PCS, where customers can use a specified amount at high-speed, then continue to have unlimited data at reduced speeds for the remainder of the month.
Mobile personal communication service is not intended as a primary Internet access point nor designed to support continuous or high usage video or audio streaming because the intense data consumption associated with such activity can quickly exceed the limited capacity of any wireless consumer network--no matter who the carrier. For example, a typical video streaming session consumes 250 megabytes of data per hour. This translates to around 650 megabytes for a single 2.5 hour movie.

Primary Internet access and heavy video/audio streaming activity should properly be secured from conventional Internet service providers or cable television companies with copper wire or fiber optic networks having sufficient capacity.
Mobi PCS includes usage information in our Plans and Features brochure, which explains each of our plans and are given out in-store, as well as included on our website at mobipcs.com/plans
Mobi PCS also addresses the conditions of using Mobi PCS service in our Terms and Conditions, which are posted at mobipcs.com/terms. Below is an excerpt on the Limitations on Use of Mobi PCS Service and Data Usage, with applicable statements highlighted.
Limitations on Use of Service
Many factors beyond our control affect your ability to make and receive calls on your wireless phone and the quality of those calls. As a result, sometimes Service, including calls or attempted calls to emergency services like 911, may be interrupted or may fail, and the quality of calls may sometimes be poor. Mobi PCS makes no representations or warranties about the quality or availability of the Services, and shall not be responsible for service interruptions. Similarly, there may be limitations to your ability to "roam" with your Mobi PCS phone/modem outside our local service area (Oahu, Maui, Kauai, the Big Island, and Molokai), and Service may not be available to you outside our local service area. You agree to hold Mobi PCS harmless against any and all losses, claims, demands, and actions arising out of your use of, attempted use of, or inability to use, the Service. Mobi PCS also takes no responsibility for interruptions to or inability to connect to or browse the web if that Service is available and made part of the service plan chosen by you.
You agree to comply with all applicable laws when using the Services and not to use the Services for or in connection with any illegal purpose. You agree to indemnify, defend, and hold harmless Mobi PCS from any violation by you of applicable statutes, ordinances, laws, or regulations of any local, state, or federal authority. We may deny a request for Service from any customer or potential customer for any lawful reason.
Mobi PCS reserves the right to manage our wireless network and the calls or communications made using our wireless network in the way we believe best benefits our customers and best enables us to maintain Service of the nature described in these Terms and Conditions. We may also suspend or terminate Service to any customer if we have reason to believe that the customer is using our Service in an abusive manner or in a manner that interferes with our ability to provide Service to our other customers. Thus, we reserve the right to discontinue service to customers, or to discontinue or block service to certain telephone numbers or categories of services, which our experience indicates may result in interference to our ability to provide Service to our other customers. For example, Mobi PCS Service is not intended for use (i) by persons seeking a dedicated private line or access line to the Internet, (ii) by persons seeking to establish an access point for intra-company PBX services, (iii) by persons seeking to provide a commercial or private dispatch service, or (iv) by persons seeking to access multi-party chat-line services or other similar multiple voice bridging services in which two or more incoming callers may be connected simultaneously with or without pre-arrangement.
Mobi PCS also reserves the right to block, or prevent access to certain prefixes such as 9xx, 7xx, 5xx, and 8xx from being dialed as well as other numbers that Mobi PCS determines in its sole discretion are inconsistent with appropriate use of the Service. Although it is illegal for unauthorized people to intercept wireless phone calls intended for others, Mobi PCS cannot guarantee the complete privacy of your calls. Mobi PCS shall not be liable to you or to any third party for any interception by third parties of communications from its network.
The Service may not be used for: telemarketing, commercial research, or commercial data collection; any fraudulent, obscene, illegal, harassing or abusive purpose; dispatch services; large volumes of unsolicited voice, text, e-mail, or other transmittals (for example, anything Mobi PCS in its sole discretion determines could be considered unsolicited commercial communication); or in a manner that interferes or causes problems with the operation of Mobi PCS's wireless network. You must use a Mobi PCS approved mobile phone when using the Services. We may disconnect any calls and terminate any Services made with non-Mobi PCS issued phones or phones reconfigured by Mobi PCS. You may not resell the Service. In addition, the voice Service is designed primarily for two-way voice communications between live people and may not be used to transmit data, or for any other one-way transmission application other than data services expressly offered to you by Mobi PCS.
Data Usage
The Hele Wireless Broadband Plan and data on our handsets allows you to use Mobi's 3G network to access the internet wirelessly from anywhere the network is available. The Service may only be used with Mobi PCS approved data cards and handsets. Due to the nature of the technology, abuse of the Service by one customer will cause diminished availability of the Service to other customers. Mobi PCS wants the Service to be available to you and all of our customers at all times. This means Mobi PCS will not tolerate any use of the Service that significantly diminishes the availability or service quality for other users. It is considered an abuse of the Service to continuously transmit large amounts of data over the Internet or reselling of the Service. It is also an abuse to use the Service in violation of any laws or regulations (for example, illegal downloading of copyrighted material and unsolicited commercial email or SPAM). In order to ensure that customers are not abusing the Service, Mobi PCS may monitor your usage. Mobi PCS reserves the right, without notice, to temporarily limit throughput speeds when monthly data usage exceeds your stated monthly data plan threshold or 5GB on Hele or Android Unlimited plans without tier levels specified. Customers will still have access to unlimited wireless broadband usage but maximum speeds may be limited to 300kbps or below for the remainder of the monthly plan cycle.
___End___
As a courtesy to our customers, Mobi PCS has recently started notifying our high-data customers via SMS so that they are aware of their overall impact on the Mobi PCS network, which is similar to what Mr. [redacted] experienced. These customers can continue to use unlimited data on their phone at reduced speeds.
The information described as being received by Mr. [redacted] is clearly erroneous and we are unable to confirm the source or reason for same. The record of communications we do have with Mr. [redacted] is factually correct as presented above. Nevertheless, as a precaution, we have started an extensive training program to ensure that all of our staff are properly trained and truly understand our products and services so that they can accurately explain this to our customers in a clear and concise way. We are now implementing continuous training to ensure a quality customer service experience at all times in our stores.
We value Mr. [redacted]'s feedback and truly appreciate every Mobi customer.
Please let us know if you need any other information.
Mahalo,
[redacted]
VP Marketing, Mobi PCS

mobi pcs contacted me 9/23/2014 and will be issuing a full refund to me in 7 business days
just wanted to let you guys know
mahalo
[redacted]