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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Need to enforce what Unlimited really means
2/27/2012 11:10:25 AM
I hate to think of adding more laws or regulations to what we already have, but there really needs to be something out there saying that you can not advertise something as "Unlimited" unless it is truly without limits.
"Free" is another term that gets abused often in advertising. When you say you get a "Free" item when you purchase another, then the cost of that item is the purchase of the first, not "Free"
You would think the Truth in Advertising regulations would cover such things more strictly.
RE: Need to enforce what Unlimited really means
Dr of crap
Dr of crap
2/28/2012 12:27:18 PM
In what world have you been living?
Not that I disagree with your statements, but marketing like that has been going on for a long time.
"I'm an Internet expert too. It's all right to wire the industrial zone only, but there are many problems if other regions of the North are wired." -- North Korean Supreme Commander Kim Jong-il
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