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AT&T is ordered to pay damages of $850

Score one for the little guy. Matt Spaccarelli successfully argued his data throttling case against AT&T in a Ventura Superior Court in Simi Valley, California this week. Spaccarelli's argued that even though he had an unlimited data plan with his iPhone, he was being throttled to slower speeds after only 1.5 to 2GB of data usage each month.
AT&T's decision to throttle Spaccarelli is even more spurious when you factor in that his $30 "unlimited" plan is throttled at relatively low limits while he would be technically safe using AT&T's $30 3GB "tiered" plan.
Pro-tem Judge Russell Nadel awarded Spaccarelli $850 for his troubles -- $85 for each of the ten months remaining on his contract.
AT&T spokesman Marty Richter indicated AT&T will appeal the ruling, and added, "At the end of the day, our contract governs our relationship with our customers."
However, Spaccarelli isn’t completely innocent in this case. He admits to violating AT&T’s contract terms by jailbreaking his iPhone to provide tethering functionality to his iPad without paying the additional monthly fee. Spaccarelli was automatically switched from an unlimited plan to a tiered plan when this was initially discovered, but he complained. AT&T caved and put him back on an unlimited plan.
Apparently, Judge Nadel didn’t take this revelation into consideration in his ruling.
For his part, Spaccarelli proclaimed, "You don't tell somebody you have unlimited' and then cut them off."

Source: Associated Press

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By cmdrdredd on 2/25/2012 2:25:29 PM , Rating: 3
It's his device, he should be free to unlock it via jailbreak. The fact that it then offered free tethering without AT&T knowing it shouldn't matter because it can just as easily be tied to another carrier. Plus it shouldn't matter in the legal proceedings because the terms of the contract say "unlimited". Not "unlimited speeds until you reach 2GB usage". So it shouldn't matter how he uses the device, AT&T agreed to give him unlimited when he signed up and it's not his fault AT&T didn't have the foresight to increase their network capacity to account for the number of users.

RE: Jailbreak...
By sigmatau on 2/25/2012 4:00:20 PM , Rating: 2
I will sue one of the T's out of At&t if they dare throttle me. I've had data usage that varied from 1.5GB to 5GB a month, averaging over 2GBs. I dare them to try.

RE: Jailbreak...
By Motoman on 2/25/2012 4:34:59 PM , Rating: 2 most, you'll sue them for "actual damages" - which would likely be whatever your plan cost was during the disputed time period.

But you go right on ahead and try to convince a judge that you should win a third of AT&T's net worth because they slowed down your access to porn for a while...a service you were paying them, what, $75 for? Yeah - you go on and take that T.

RE: Jailbreak...
By darckhart on 2/26/2012 2:25:57 AM , Rating: 2
agree. we're paying for unlimited data access thru the phone. it doesn't make a damn difference how we choose to consume that data. if your network can't support unlimited, don't offer unlimited. in any case, this whole tiered pricing is ridiculous. nowhere else does a MB cost so much. i dropped att 5 years ago and haven't looked back.

RE: Jailbreak...
By drycrust3 on 2/26/2012 9:59:12 AM , Rating: 2
AT&T agreed to give him unlimited when he signed up and it's not his fault AT&T didn't have the foresight to increase their network capacity to account for the number of users.

I totally agree. AT & T have a marketing department that decided to sell this product because it looks good, without regard for how much profit (or loss) the product generates, nor for the impact it has on other users. If the product isn't making a profit, or doesn't contribute to the company's profit, then AT&T shouldn't be selling it.

RE: Jailbreak...
By Rukkian on 2/28/2012 3:12:53 PM , Rating: 2
I don't think anywhere it says unlimited speeds. Unlimited refers to the amount of data, not how fast you get the pron.
I agree that jailbreaking should not matter, but stealing service does.

"If a man really wants to make a million dollars, the best way would be to start his own religion." -- Scientology founder L. Ron. Hubbard

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