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Such subscribers of AT & T who were earlier on an unlimited data plan for their iPhone and were later grandfathered into the plan, have been suffering much. Some of them have been throttled by AT & T even when they surpassed the 2GB ceiling although they pay the same $30 that other users pay for a 3GB monthly plan. One such users who was throttled somewhere between 1.5GB and 2GB filed a case against AT&T. The judge has ruled in favor of him and has asked the carrier to pay him $850.


AT&T is under a data-crunch given the huge amount of data consumed by it’s iPhone users. Because of that, it has eliminated the option of unlimited data plan for new users. For the older users, it has said that anyone who hits the average high would be throttled. The interesting thing is that this average high, or the ceiling, has been coming down and now seems to sit at 2GB or even lower. This necessarily means that users who have an unlimited data plan and pay $30 a month may be throttled even before they use up a total of 2GB of data monthly. That is unfair indeed.

An iPhone user, Matt Spaccarelli, filed a case against the carrier in a Californian court. It was put in front of a small claims court because AT&T binds its users through a clause in its contract which bars the users from going to class action or to jury trail. Matt was throttled somewhere between 1.5GB and 2GB. After listening to both side of the arguments, the judge in favor of Matt, asking AT&T to pay him $850 for each of the remaining months of his contract. AT&T may still appeal against the case.

Image courtesy VJ.

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  On February 27, 2012(4 years, 4 months ago.)

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