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."
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I hope this sets a precedent.
2/26/2012 6:31:50 PM
The carriers have every right to impose what ever restrictions they please. Customers have every right to abandon ship when a carrier does so. When a company Offers something like "unlimited" they are obligated to live up to their own choice of words. Unlimited up to "X" amount is BS, especially if comes after a person is already a customer locked in contract. I read a report the other day that claims this issue has nothing to do with so called "data hogs", it is simply a ploy to move customers from unprofitable unlimited plans to tier plans that include heavy overage charges. My use of Pandora on a daily basis would easily place me in that "data hog" category. I that find strange, why have all of these nifty mobile apps, if you have to find a WiFi spot to use them on your mobile phone? Sure, there might be an app for any given task or service, but you can't use it, you have hit your data cap.
Please, by all means, sue. Not only is it the American way, in this case it is actually justified.
RE: I hope this sets a precedent.
2/27/2012 3:55:15 PM
No, that's not true. When you buy a 2 year plan its a legally binding contract. At the end of the 2 years the company has the right to make changes.
"The whole principle [of censorship] is wrong. It's like demanding that grown men live on skim milk because the baby can't have steak." -- Robert Heinlein
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