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AT&T Loses Throttling Case, Pays $935 to Customer (Unlimited Data Plan is Limited)
Mashable ^ | 3/18/2012 | Mashable

Posted on 03/18/2012 11:05:23 AM PDT by Dallas59

AT&T decided to pay up after a California small claims court judge ruled it was unfair to throttle a cellphone data plan advertised as unlimited.

Matt Spaccarelli, 39, challenged AT&T in February after he noticed his 4G network wasn’t operating as fast as it should. Spaccarelli is among the 5% of AT&T customers who use the most data. He told the court speeds slowed once he used 1.5GB to 2GB of data after the billing cycle began.

The judge said slowing down data violated AT&T’s unlimited data plan terms and ordered AT&T pay $850 plus $85 for court costs.

(Excerpt) Read more at mashable.com ...


TOPICS: Culture/Society
KEYWORDS: att; data; mobile

1 posted on 03/18/2012 11:05:33 AM PDT by Dallas59
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To: Dallas59

I work for ATT. When it comes to PR they are like Republicans-stoopid.


2 posted on 03/18/2012 11:09:04 AM PDT by DIRTYSECRET
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To: DIRTYSECRET
I work for ATT. When it comes to PR they are like Republicans-stoopid.

As long as AT&T continues to support and subsidize the gay agenda, they'll be fine.

3 posted on 03/18/2012 11:11:47 AM PDT by E. Pluribus Unum (Government is the religion of the sociopath.)
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To: DIRTYSECRET

Had to shut off the phone with ATT. Too many charges from third party slammers. My monthly bill for a few months was $120 to $140. Every time I called them to have the charges removed I would get the runaround about how I needed to call the third party companies. BS! I finally just shut the phone off. My bill is now $50 for internet only. If they try to slam that...Goodbye ATT.


4 posted on 03/18/2012 11:13:25 AM PDT by Dallas59 (President Robert Gibbs 2009-2011)
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To: Dallas59

I thought court costs would be more than that.


5 posted on 03/18/2012 11:13:35 AM PDT by Netizen (Path to citizenship = Scamnesty. If you give it away, more will come. Who's pilfering your wallet?)
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To: Netizen

Small claims court is dirt cheap.


6 posted on 03/18/2012 11:19:08 AM PDT by Bobalu (It is not obama we are fighting, it is the media.)
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To: Dallas59

Some company cultures never change.

I have avoided AT&T for years because they used to overcharge me on long-distance before the breakup. I see that the protege’s of old-line management have kept the anti-customer culture alive.


7 posted on 03/18/2012 11:34:36 AM PDT by GourmetDan (Eccl 10:2 - The heart of the wise inclines to the right, but the heart of the fool to the left.)
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To: DIRTYSECRET; All

I don’t like the fact that AT&T opens up it’s network so the government can snoop and monitor all network traffic.


8 posted on 03/18/2012 11:38:35 AM PDT by Advocatus Sancti Sepulchri
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To: Dallas59
I had ATT Internet for 38.00 it got jacked up from 14
99 so I called and finally talked to retentions and told em I was going to drop their Internet and now I am paying 19.00, don't know what speed it is, but it goes good enuff for me.. but they are a terrible company to deal with I think...
9 posted on 03/18/2012 11:43:09 AM PDT by JoanneSD (TEA PARTY VERSES TEE TIME)
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To: Dallas59

I don’t understand the third party slammers? Can you explain what was happening? Roaming charges of some sort?


10 posted on 03/18/2012 11:45:30 AM PDT by Explorer89 (And now, let the wild rumpus start!!)
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To: JoanneSD

Verizon isn’t much better. Every month the bill goes up and its nothing but excuses.


11 posted on 03/18/2012 11:47:46 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Advocatus Sancti Sepulchri

They only do that based on FISA and court orders. All carriers provide access upon request so there is nothing unique to AT&T in that regard.


12 posted on 03/18/2012 11:47:46 AM PDT by plain talk
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To: Swordmaker; martin_fierro

Thanks Dallas59.
He told the court speeds slowed once he used 1.5GB to 2GB of data after the billing cycle began. The judge said slowing down data violated AT&T's unlimited data plan terms and ordered AT&T pay $850 plus $85 for court costs.

13 posted on 03/18/2012 11:51:03 AM PDT by SunkenCiv (I come to bury Caesar, not to praise him)
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To: Explorer89

They claim YOU agreed to have third party services, like strange long distance charges and other “never explained” charges on your bill. I never agreed to jack. You have have to call the third party and DEMAND they remove the services. I had to go through recordings of my demand, call them three times to THREATEN legal action if they did not remove their services. They still charged me. BS! I finally just shut the home phone off and use my Tmobile Galaxy phone. I have ATT internet no problems there, but I am shopping for another ISP.


14 posted on 03/18/2012 11:54:33 AM PDT by Dallas59 (President Robert Gibbs 2009-2011)
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To: Dallas59

So this is a landline issue? Thanks for the explanation.


15 posted on 03/18/2012 12:00:16 PM PDT by Explorer89 (And now, let the wild rumpus start!!)
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To: plain talk

I recall they did it voluntarily without FISA warrants; it is pretty much a given, and Drudge still has a link to the story on the CIA touting their ability to spy on everyone through their internet connected devices.


16 posted on 03/18/2012 12:08:04 PM PDT by Advocatus Sancti Sepulchri
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To: Dallas59

They stopped offering unlimited data after the summer of 2010. They try to tell you that 2 gbs is plenty of data. Not if you actually use the data. You can’t watch videos or listen even a moderate amount of music without fear of going over.
Agents know zip about the data plans. They’ll suggest that if you go over the new 3gb $30 data, that you should go up to the 5gb $50 plan that includes tethering. Well, if you do the math, you realize that, with overage at $10/gb, you’ll end up paying $50 for 5gbs either way. Agents either don’t know or don’t care.


17 posted on 03/18/2012 12:31:43 PM PDT by WinOne4TheGipper (Who are you and what am I doing here?)
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To: Advocatus Sancti Sepulchri

well I work for the company and know the processes so your information is incorrect. Nothing happens without FISA, court orders or supoenas


18 posted on 03/18/2012 12:38:26 PM PDT by plain talk
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To: DIRTYSECRET

FWIW, I’m on my 4th month of Uverse television and internet. What a welcome change from both comcast and dtv. Absolutely LOVE it!


19 posted on 03/18/2012 12:43:45 PM PDT by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: Explorer89

Yes. I use my mobile now for everything.


20 posted on 03/18/2012 12:45:18 PM PDT by Dallas59 (President Robert Gibbs 2009-2011)
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To: Bobalu

I thought small claims was for under $100.00


21 posted on 03/18/2012 12:51:44 PM PDT by Netizen (Path to citizenship = Scamnesty. If you give it away, more will come. Who's pilfering your wallet?)
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To: Dallas59
“To me the check means AT&T didn’t stand a chance in the appeal,” Spaccarelli said. “If they did, they wouldn’t have paid me.”

No, that amount represents less than one hour of time from the legal beagles who would work on the appeal.

22 posted on 03/18/2012 12:53:33 PM PDT by NonValueAdded (Limbaugh: Tim Tebow miracle: "He had atheists praying to God that he would lose.")
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To: Netizen

Small claims is for <$7,500.


23 posted on 03/18/2012 1:07:42 PM PDT by Last of the Mohicans
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To: DIRTYSECRET

“Thank you for calling ASAP, er... AT&T U-Verse. This is Debbie. How may I provide you with excellent service today?”


24 posted on 03/18/2012 1:13:09 PM PDT by Jeff Chandler (If my candidate doesn't win the nomination I'm going to kick my feet, cry like a baby, and stay home)
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To: Explorer89

I think he was referring to the third-party “extra charges” found on ATT bills. I have ATT, and the phone bill is like looking at GoDaddy’s bill. A bunch of techie mumbo jumbo that even includes taxes for an extra Fed charge that basically gives away free phones to the poor.


25 posted on 03/18/2012 2:05:12 PM PDT by max americana
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To: Dallas59

Contracts for AT&T wireless compel arbitration. If they paid this claim, it was because doing so was cheap. They will vigorously defend their right to throttle data agreements - using the contract language - if it really matters.

I argued this one with AT&T and finally just switched to a 5 gig limited plan. My plan costs went from $60 to $45, and I paid the $20, not losing much on the netted basis. Getting out entirely would have cost hundreds of $ more....


26 posted on 03/18/2012 2:06:43 PM PDT by JustTheTruth
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To: WinOne4TheGipper
They stopped offering unlimited data after the summer of 2010.

Guess I lucked out, keeping my unlimited plan. Costs me $30/month. My wife was after me to drop it and go with the cheaper limited plan, but I said just watch and they'll hike prices for that limited plan. And they did. I'm paying now same amount that others pay for limited but get unlimited. Had to stop at an AT&T store recently and the workers were drooling and told me by all means to hang onto it.

27 posted on 03/18/2012 2:30:47 PM PDT by roadcat
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