Judge awards iPhone user $850 in throttling case

[ChromeFoundry]

User sues AT&T For Throttling iPhone Data - and WINS!...

Judge awards iPhone user $850 in throttling case

SIMI VALLEY, Calif. (AP) — A judge in Southern California on Friday awarded $850 to an iPhone user because AT&T Inc. reduced his download speeds in an attempt to manage usage on its network.

Pro-tem Judge Russell Nadel found in favor of Matt Spaccarelli in Ventura Superior Court in Simi Valley. Spaccarelli filed a small claims case against AT&T last month, arguing the communications giant unfairly slows speeds on his iPhone 4's unlimited data plan. Nadel's ruling could pave the way for others to follow suit. AT&T has some 17 million customers with "unlimited data" plans that can be subject to throttling, representing just under half of the company's smartphone users.

AT&T stopped signing up new customers for those plans in 2010, and warned last year that it would start slowing speeds for people who consume the most data. In the last few months, subscribers have been surprised by how little data use it takes for throttling to kick in —often less than AT&T provides to those on limited or "tiered" plans.

Spaccarelli said his phone is being throttled after he's used 1.5 gigabytes to 2 gigabytes of data within a new billing cycle. Meanwhile, AT&T provides 3 gigabytes of data to subscribers on a tiered plan that costs the same — $30 per month.

Source: http://news.yahoo.com/judge-awards-iphone-user-850-throttling-case-195042925.html

[truthisfreedom]

1. Wow! Title might as well read "Judge puts AT&T into impossible position."

Now what are they going to do?

[green917]

4. Actually offer what they are advertising?

The plan is called an "unlimited" data plan. If the plan is advertised as unlimited, then it should be unlimited and practices like throttling should be grounds for litigation on the part of their clients.

[DisgustipatedinCA]

5. Impossible position?

I pay $300 a month to AT&T to make this possible. They damned well better come up with something. Off to Twitter to berate AT&T again.

[AnotherMcIntosh]

2. AT&T attorneys know that a judgment from a Small Claims Court has no precedential value.

One or two attorneys who handle consumer fraud cases, however, might be interested.

[DeSwiss]

7. Well....

...I don't know about that. It may lack ''precedent value'' from a legal standpoint, but not from a practical one.For one, lawyers aren't allowed to argue a case in small claims courts.

- So if you've pissed-off enough of your customers, it can really add up!

K&R

[Earth_First]

3. Verizon called me earlier in the week...

They were concerned that this was the third month in a row that I've paid my bill erradically during the billing period, my billing due date is the 3rd of the month.

They wanted to know why they were not being paid on time.

My response was that when I initially signed up for their flagship 4G LTE smartphone, the Thunderbolt; that I was recieving lightning fast service.

Months went by and the service was diminishing month after month, sometimes struggling to even pick up a 3G signal.

I told them when they can start consistantly deliver the service/product that I was drawn to with their services; I would start consistantly paying my bill on time.

Until then, they may get it on the 11th, they may get it on the 28th.

It keeps them guessing, just like whether or not I have to guess whether or not I can reliably count on the delivery of their product...

[saras]

8. Write it up a little nicer. Post it EVERYWHERE. Please?

That's a HELL of a lot more sensible of a protest than getting pepper-sprayed - if the same number of people do it.

[jerseyjack]

6. Good for the bastids.

[boppers]

10. Capacity is not bandwidth.

Ah, journalists trying to write articles about technology are silly.

[slackmaster]

11. I'm sorry, but the subject line gave me a very inaccurate image of the incident

[greiner3]

12. Off topic on the AT&T part;

But on the Small Claims part I brought a case against Hewlitt Packard recently. It is scheduled for trial next month. I purchased a computer from them and while under warranty it broke. I could not get satisfaction from their over seas call centers and the computer is a 'dust catcher' now.

It cost me $72 to file and I am asking for several thousand in damages (ask for 'everything' and settle for half). Even if I lose against the local 'suit' I will have the satisfaction I actually DID something about me being wronged. Also, and I feel this will be the larger satisfaction, I will have cost HP a LOT of money in retainer fees.

Suck on that HP AND Meg Whitman!!!!!!!!!!!!!!!!!!!!!!

[snot]

13. K&R'd. We now have none of the benefits of

genuine competition OR of regulation. The system is owned.