Man Sues AT&T For Throttling His iPhone and Wins

Pro-tem Judge Russell Nadel said it isn't fair for AT&T to slow down a person's iPhone after selling them an "unlimited data" plan.

According to a statement released by AT&T they only throttle "the top five percent of the heaviest data users." iPhone users who are approaching the the top five receive a message that advises them to use Wi-Fi to avoid "reduced speeds." AT&T's throttling policy didn't sit well with many customers, and it even caused one man to take the carrier to small claims court.

An unemployed truck driver and student sued AT&T after they throttled his iPhone and he won. Matt Spaccarelli was awarded $850 in a California small claims court. This could spell trouble for AT&T who does not allow its 17 million customers with unlimited data plans to consolidate their claims into a class action suit.

AT&T spokesman Marty Richter said the company will appeal the decision.

"At the end of the day, our contract governs our relationship with our customers," he said.

Since AT&T's contract forbids customers from filing class-action lawsuits thousands of people could potentially sue them one by one.

Nadel said it isn't fair for AT&T to promise a customer unlimited data while burying terms in their contract that give the company the right to cut down their speeds.

[via Associated Press]