California Man Prevails in AT&T 3G Data Throttling Lawsuit
February 25, 2012 11:53 AM
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AT&T is ordered to pay damages of $850
Score one for the little guy. Matt Spaccarelli successfully argued his
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 "
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."
This article is over a month old, voting and posting comments is disabled
2/25/2012 4:00:20 PM
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.
2/25/2012 4:34:59 PM
No...at 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.
"This is about the Internet. Everything on the Internet is encrypted. This is not a BlackBerry-only issue. If they can't deal with the Internet, they should shut it off." -- RIM co-CEO Michael Lazaridis
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