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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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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.


"We basically took a look at this situation and said, this is bullshit." -- Newegg Chief Legal Officer Lee Cheng's take on patent troll Soverain














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