So You Want To Sue AT&T Over Data Throttling?
February 29, 2012
Last week, we told you about an iPhone 4 owner that sued AT&T over data throttling and won. Now, the folks at MacTech have published an in-depth guide on how you too can sue the company over the same issue.
As a review, carriers use data (or bandwidth) throttling to minimize congestion on their networks. Typically, they do this by limiting a user’s upload and download rates after a certain period of time. In the case of AT&T, they are data throttling only those customers that are using one of the company’s grandfathered unlimited data plans.
Matt Spaccarelli took AT&T to small claims court and won $850, with the judge saying it wasn’t fair for the company to purposely slow down Spaccarelli’s iPhone, when it had sold him an “unlimited data” plan.
According to MacTech, suing in small claims court is a lot easier to do than you might think. The most important thing to remember is that you must prove to the court that you bought an unlimited plan that AT&T is deliberately restricting.
Furthermore, you must show how you were damaged by not having data streaming. For instance, you could provide proof of lost business opportunities or show how much you paid for a service you never got.
For the specific step-by-step directions to suing AT&T over its data throtting practices, be sure to check out MacTech’s entire report.
Do you think AT&T will continue throttling or do you think the Spaccarelli case ended the practice?
Note: As stated in the original article and worth mentioning here too, we are not offering any legal advice, since none is being offered. Rather, the information included here is on how to file a small claims lawsuit.
