Unlimited Data Throttled By AT&T, Verizon? Here?s How To Take Them To Court And Hopefully Win

Throttling is a dirty trick employed by wireless data providers. The carriers say that it's a necessary tactic to cap heavy data users seemingly hoarding all the available bandwidth. Several studies say that's nonsense, explaining the top percentage of users do not consume that much more data than the average users. No matter the cause, it's shady for carriers to limit data on plans that were advertised as unlimited. At least one court agrees. Last week, California Pro-tem Judge Russell Nadel ordered AT&T to pay Matt Spaccarelli $850 for throttling his data -- $85 for each of the ten months remaining on his contract. AT&T is appealing. Spaccarelli successfully argued that his data was being throttled despite paying $30 per month for what was called an unlimited plan. He even admitted to technically breaking his AT&T contract by jailbreaking his iPhone and sharing his data connection with his iPad. As Spaccarelli notes in a tweet, cell phone contracts often prevent subscribers from filing a class action lawsuit and so he chose to take AT&T to small claims court since neither party can use an attorney. Here is a primer about how you can do the same thing.

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