Judge Orders AT&T to Pay Customer $850 for Throttling His Unlimited Data Plan

Judge Orders AT&T to Pay Customer $850 for Throttling His Unlimited Data Plan

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A Southern California judge has awarded $850 to an iPhone user who had his unlimited data plan throttled by AT&T, reports The Associated Press.

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.

Spaccarelli said he was being throttled after using 1.5 to 2 gigabytes of data. This is similar to a recent report that revealed unlimited plan users were being throttled at the 2gb mark since that put them in the top 5% of users. Meanwhile AT&T is providing 3gb to tiered data plan subscribers for $30/month.

It's unclear if AT&T plans to appeal this decision; however, it's likely they will since this ruling could open the door for a class action suit.

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justabrake - February 26, 2012 at 4:48pm
shepard smith from foxnews and and editor from mashable were talking about how ATT&T gets you in with an unlimited data plan and then throttles you and the editor from mashable said phones were'n like that when they offered you unlimited he said now you have 8MP cameras in phones which make data high, and shepared said I guess we can't do nothing about it and the editor said nope.
Pain Reaper - February 26, 2012 at 4:20pm
2 GB usage puts you in the top 5% users!?!? That's not even the bottom (% users in Sweden.. More like bottom 2%..
Pain Reaper - February 26, 2012 at 4:23pm
*bottom 5%
Bryron - February 25, 2012 at 4:31pm
I very well understand why he did that and also I am having the same problem with AT&T with my unlimited plan.
Unlimited AT - February 25, 2012 at 10:31am
Well played Matt Spaccarelli fuck AT&T!
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