Judge awards iPhone user $850 in throttling case

[FrankXS]

Although this is AT&T, is it precedent setting?

AP News : Judge awards iPhone user $850 in throttling case

http://m.apnews.com/ap/db_6418/contentdetail.htm?contentguid=sOWJOPRk&src=cat&detailindex=1

-Frank

Sent from my HTC ThunderBolt 4G/LTE using Tapatalk

 

[worwig]

Although this is AT&T, is it precedent setting?

I hope so.

I don't understand how some people use way over 1GB a month on a phone, but unlimited is unlimited. Period. If it has limits, then they need to be clear about that from the start. If they change the rules, then THEY have broken the contract.

 

[dpham00]

I hope so.

I don't understand how some people use way over 1GB a month on a phone, but unlimited is unlimited. Period. If it has limits, then they need to be clear about that from the start. If they change the rules, then THEY have broken the contract.

Depending on what you do, it is easy to go way over 1GB per month. Heck, 2 hours on Skype over 4GLTE is already over 1GB. I have gone 25-30gb per month for quite a few months. And this is without tethering.

 

[GNex Girl]

It was a pro-tem judge in small claims court. Nuff said.

 

[dpham00]

what is interesting is that if they were throttling him at 1.5gb, which is half of the lowest tier allotment. I don't know about the legality of it, but it doesn't seem fair. Then again, legal and fair are not always the same. It could also be a method to try to force people off of unlimited data.

I am a little shocked that he was tethering, and still decided to sue when he knew it was in violation of TOS, and the judge didn't take that into consideration, or if he did, it wasn't mentioned in the article.

 

[GNex Girl]

I am a little shocked that he was tethering, and still decided to sue when he knew it was in violation of TOS, and the judge didn't take that into consideration, or if he did, it wasn't mentioned in the article.

ATT and would have needed to file a counterclaim for breach of contract on the basis he tethered. They may not have because of the terms of the contract (I haven't read the contract so I can't say) or simply because it would cost them substantially more to file the counterclaim and litigate it than it would to pay $850.

 

[handscreate]

Just for them to a file a complaint against the guy in a counter-suit it would cost $400, and that's just the court fee, not the lawyers fees for the 5+ hrs to write it up... It's way cheaper for them to leave it alone than to try & fight it