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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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I'm going to sue as well.
By BillyBatson on 2/25/2012 2:46:40 PM , Rating: 5
I have also been throttled the last 4 months including this month starting yesterday. They warn me at 1.6gb and throttle me at 2gb. I am currently unemployed and had to cut off my timewarner Internet so i have no access to wifi and my phone is my only link to my emails, google, google maps etc.
I called last week and AT&T said their was nothing they could do! The guy who won th lawsuit above won in a court located 10 minutes from me. I just called AT&T again just now and they gave me the same run around as last week so I mention th lawsuit and all the details to her and she forwards me to another department that sounded like they were specifically trained to handle my type of call and she told me there was no one else I could speak to that she was the highest I could go and that there was still nothing hey could do and that I would have to deal with it or change to a tiered plan.

So I'm going to tell you all what I told her. I'm going to file a lawsuit as well. I have only until August on my contract so I won't be getting as much as the guy above unless they backdate my claim. I'll also be switching to Sprint the day the iPhone5 comes out.




RE: I'm going to sue as well.
By kjboughton on 2/25/2012 4:33:08 PM , Rating: 5
That's the spirit!

You're unemployed (by your own account), but damn if you won't get the iPhone5 the day it comes out.

Quick, someone enshrine this for all of history: it frames such a large portion of the country's mentality so perfectly.


RE: I'm going to sue as well.
By Motoman on 2/25/2012 4:58:56 PM , Rating: 4
He needs the one with the bigger gee bees.


RE: I'm going to sue as well.
By someguy123 on 2/25/2012 5:40:37 PM , Rating: 5
Eviction notice in one hand, iphone 4S in the other.

All he needs now is to get pregnant and he'll really be the 99%.


RE: I'm going to sue as well.
By Aloonatic on 2/26/2012 12:41:25 PM , Rating: 2
quote:
All he needs now is to get pregnant and he 'll really be the 99%


What are they putting in the water over there?


RE: I'm going to sue as well.
By SPOOFE on 2/26/2012 3:25:11 PM , Rating: 2
quote:
What are they putting in the water over there?

Fluoride, chlorine, ozone, and way too literal an interpretation of the phrase "free country".


RE: I'm going to sue as well.
By BillyBatson on 2/25/12, Rating: 0
RE: I'm going to sue as well.
By tayb on 2/27/2012 12:50:38 PM , Rating: 3
You said you were unemployed and HAD to cut off your internet. That's quite a departure from "I decided to cut off my internet because I don't use it."

More likely is that 95% of your "story" is complete nonsense. When you lie, forget the details, it's too much to remember anyway.


RE: I'm going to sue as well.
By BillyBatson on 2/25/12, Rating: -1
RE: I'm going to sue as well.
By seamonkey79 on 2/25/2012 11:56:20 PM , Rating: 3
Don't make us weep for you by saying you had to cut off your Time Warner. If you've enough to 'still out partying' then you've enough to have paid for that. You made your choices, you weren't forced into them.


RE: I'm going to sue as well.
By Icebain on 2/26/2012 10:36:21 AM , Rating: 2
Being unemployed, providing nothing, is not a position I envy.


RE: I'm going to sue as well.
By SPOOFE on 2/26/2012 3:26:52 PM , Rating: 2
I wish my mommy and daddy would buy me a new superphone every year.


RE: I'm going to sue as well.
By Jeffk464 on 2/27/2012 3:49:38 PM , Rating: 2
Yup, my dad boaught me the Samsung galaxy nexus. It is pretty damn cool. :)


RE: I'm going to sue as well.
By BillyBatson on 1/2/2013 10:07:48 PM , Rating: 1
I know this is an oldddd post lol but mommy and daddy? You want your parents to pay for your shit? The only parent in my life for the last 15 years has been my mom and she doesn't pay a single cent for anything of mine. If you want to be a mooch to right ahead.


RE: I'm going to sue as well.
By thurston2 on 2/26/2012 8:43:36 PM , Rating: 3
This website has more dicks that any other website on the Internet.


RE: I'm going to sue as well.
By Bryan54 on 2/26/2012 10:16:54 PM , Rating: 2
Nail on the head, brother.


RE: I'm going to sue as well.
By tastyratz on 2/27/2012 8:36:59 AM , Rating: 2
sound's painful...


RE: I'm going to sue as well.
By Bryan54 on 2/26/2012 10:16:07 PM , Rating: 2
Oh... My...Goodness!

I have never seen a group of men so shamelessly give themselves fellatio! This has to be a joke. It boggles my mind that you people are the contributing members of society.

First off, What kind of person jumps at the opportunity to berate someone who's clearly not being contentious. You've put someone down and elevated yourself by default. Congratulations!!!

If this is the game you insist on playing, so be it:

quote:
That's the spirit! You're unemployed (by your own account), but damn if you won't get the iPhone5 the day it comes out. Quick, someone enshrine this for all of history: it frames such a large portion of the country's mentality so perfectly.


kjboughton,

Someone get me a New Years rattler! He's first out of the gate to expose himself as an utter parasite on the collective existence of humanity.

Quick, Someone enshrine this for all of history: it's yet another senseless addition to what could have been a poignant argument!

quote:
Eviction notice in one hand, iphone 4S in the other. All he needs now is to get pregnant and he'll really be the 99%.


Someguy123,

You've joined in the fray to assert yourself as what, a contributionist?

How about holding your tongue until you can piece together cogent idea.

Thanks in advance.

quote:
Don't make us weep for you by saying you had to cut off your Time Warner. If you've enough to 'still out partying' then you've enough to have paid for that. You made your choices, you weren't forced into them.


seamonkey79,

Be happy that he's out partying and stumbling through life in an inebriated state. For if he wasn't, the result would most certainly be the realization that behind the veil of BS you speak from, your nothing but an empty shell of a man.

quote:
I wish my mommy and daddy would buy me a new superphone every year.


SPOOFE,

I wish my mother and father would have touched me inappropriately as a child so I could be as inconsequential as you! YAY...

Haha, you honestly felt the need to seek out a public forum for your voice to be heard?

quote:
Um, no. Couple reasons why: 1. Shareholders > customers 2. Not maximizing your profit margin is poor management, even if you're a private company. What you should say is that AT&T et al should provide more reasonable guidelines and governance of their "unlimited" plans. The kicker being that no one in the industry really does things any differently...so you can either get kicked in the nuts by AT&T, or go to Verizon and let them do the kicking. Or T-Mobile. Etc.


Motoman,

You're the type of person who accepts information as truthful only if it's been chewed and regurgitated into your mouth by an authoritative figure. You lack any ability to discern information for yourself – If the first part was unclear...

As a whole, the Anandtech comment field is plagued with a uniform aggressive ignorance that is nauseatingly consistent. Groupthink, if you will. It's like a gathering of the Fox & Friends viewership bouncing “their” ideas off one another.

How the shame of your existences escapes you is a source of great consternation for me.

End of example.

You see how easy that was?

It doesn't take much to talk out one's butt (as you all should know).


RE: I'm going to sue as well.
By sprockkets on 2/26/2012 11:47:15 PM , Rating: 3
RE: I'm going to sue as well.
By someguy123 on 2/27/2012 1:42:59 AM , Rating: 3
My post was clearly a joke, hence the whole male pregnancy. Also your post is pretty hypocritical. We're just commenting on the post he actually made, meanwhile you're pulling things from god knows where.


RE: I'm going to sue as well.
By xti on 2/27/2012 10:39:14 AM , Rating: 2
man...you are gonna get throttled faster with these long posts. That's like....5 less porn pics you could have seen.

Just steal your neighbors internet like everyone else.


RE: I'm going to sue as well.
By sprockkets on 2/25/2012 5:48:06 PM , Rating: 2
So their unlimited is like T-Mobile's now eh?

Lame.


RE: I'm going to sue as well.
By Jeffk464 on 2/27/2012 3:47:40 PM , Rating: 3
This did seem like a pretty slam dunk case to me. People signed onto unlimited plans back before data use became an issue. Then after the legal contract was signed ATT basically changed the conditions of the contract. Its a blatantly obvious violation of the contract.


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