As reported by the Associate Press, a judge in California recently awarded an iPhone user with $850 in a small claims case against AT&T’s throttling of the “unlimited” data allotment on their iPhone plans. The judge established that the carrier was guilty of said charges and that the grandfathered unlimited data user was to be awarded with $850 as a means of compensating for the lost transmission speeds. The user was apparently throttled after using 1.5 GB to 2 GB of data, which was wrong of AT&T because they even offer a 3 GB data plan to users right now. More coverage after the break.
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 was then asked to comment, their reply was as follows:
“This is a small claims matter. We are evaluating next steps, including appeal. But at the end of the day, our contract governs our relationship with our customers.”
The carrier could appeal to the judge’s decision since they “argued in court that his employer has the right to modify or cancel customers’ contracts if their data usage adversely affects the network,” according to the AP.
A grandfathered iPhone user from San Diego, California previously reported that AT&T had been throttling his data when he was only 137.59 MB over the 2 GB cap. The video below will give you some insight on how bad this throttling really is.