backtop


Print 46 comment(s) - last by BillyBatson.. on Jan 2 at 10:07 PM

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



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

RE: I'm going to sue as well.
By BillyBatson on 2/25/2012 8:12:33 PM , Rating: -1
Did I say I was broke? 1) Unemployed doesn't mean I don't have any $ or that I'm hurting 2) I chose to cut off my cable and Internet because I'm never home (yups unemployed and still out partying who would have known?) 3) you think the iPhone5 will come anything out of pocket? Only iPhone I've paid for was my first iPhone 3G since then the sale of my phone more than pays for the new one.
Don't be jealous


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.


"If you mod me down, I will become more insightful than you can possibly imagine." -- Slashdot














botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki