AT&T Offers User A Settlement in Throttling Case

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How in the hell is AT&T offering a settlement in a case they already lost? The only thing this guy wants to know is "where's my settlement check" and they are still trying to bully him. Nice AT&T, real nice.

Last week AT&T sent a letter to Matthew Spaccarelli, a 39 year-old truck driver from Simi Valley, Calif., who sued AT&T and won his small claims case against the company last month. In the letter, AT&T didn't say whether it would offer him more money. But the company threatened to shut off his service if he didn't sit down and talk with them.
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Sore losers much?

So for anyone with AT&T service you need to contact this guy NOW! It is obvious AT&T is trying to pay him to shut up and not tell anyone else how to successfully sue them in court.
 
I am curious about how he won, did he win because they never showed up? Hell flying an AT&T rep to go to small claims court might end up costing more than the case was worth.
 
I thought research was recently released that showed throttling only effects about 5% of users? Why bother with it as a company if it gives you a bad reputation?
 
So now if I want out of my ATT contract I just have to stream shit for a month, sue them (and win), and no more ETF? It's a win-win-win!
 
The Whole point of the Lawsuit shouldn't be about Money but should be about getting the Phone carriers to stop using the term "Unlimited" on their data Plans when there is a limit.
 
Stormshade said:
The Whole point of the Lawsuit shouldn't be about Money but should be about getting the Phone carriers to stop using the term "Unlimited" on their data Plans when there is a limit.
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Unlimited data still is true though right? Doesn't make a promise on data speeds.
 
sfsuphysics said:
Unlimited data still is true though right? Doesn't make a promise on data speeds.
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That argument doesn't really fly for me. Having unlimited data means that you have access to as much data as you want. It does not mean that you should have a basically unusable connection if you pass some limit. AT&T made their bed when they offered this plan in the first place, so now they should have to lie in it. Doing what they're doing just exposes them to be the greedy corporate bastards that they are.

It seems to me that they were trying to get the truck driver to agree to something that does not benefit him and hoping that he would sign it without fully understanding. Good for him that he got legal advice and didn't sign. They're afraid of the story getting publicity and other people trying to sue them, or the possibility of a class action lawsuit.
 
sfsuphysics said:
Unlimited data still is true though right? Doesn't make a promise on data speeds.
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Actually if you want to go with the "but the data is unlimited" argument then you're still boned because if I leave my connection on 24/7 there is a LIMIT to how much I can download in a month. Whatever my max connection speed * the number of seconds in a month is, that's my limit.
 
sfsuphysics said:
Unlimited data still is true though right? Doesn't make a promise on data speeds.
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Unlimited "consistent" data has been changed to Unlimited inconsistent data. How would you like to get on a bus that takes you from point A to point B, but travels at a 10th of the legal speed? There are just some things that are assumed.

For a carrier to change grand fathered customers to this data cap, it's like trolling the word unlimited, but for the purpose of making a profit.
 
You know, they could make this all go away just by not limiting their unlimited service or at least admitting that they gave it the wrong name and dropping the unlimited tag. Why are they so obsessed with that word?
 
fattypants said:
You know, they could make this all go away just by not limiting their unlimited service or at least admitting that they gave it the wrong name and dropping the unlimited tag. Why are they so obsessed with that word?
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I suspect the "we take your money and don't give you shit in return" plan didn't sell well.
 
fattypants said:
You know, they could make this all go away just by not limiting their unlimited service or at least admitting that they gave it the wrong name and dropping the unlimited tag. Why are they so obsessed with that word?
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Unlimited is the new "extreme" marketing tag.

Unlimited data still is true though right? Doesn't make a promise on data speeds.
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Although I see where they're going with that. Wouldn't the definition of the word unlimited break down to un limited. Meaning no limits? Doesn't a throttle indicate a limit?
 
How did he win a case where it's clearly shown that he tethered against the terms of the contract? AT&T must not have shown up to court and lost be default.

Personally I agree with the guy... tethering shouldn't be an extra charge ESPECIALLY for tiered data plans. But the contracts are pretty clear about tethering not being allowed, so he should have lost.

If I am paying for 3,4, 5 whatever GB of Data, how I use it is of no consequence to the carrier.
 
Spidey329 said:
Although I see where they're going with that. Wouldn't the definition of the word unlimited break down to un limited. Meaning no limits? Doesn't a throttle indicate a limit?
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As far as I'm aware, even LTE contracts don't specify a minimum qualified speed. So for all AT&T cares, they could just slow everyone down to the "post-cap" speeds. Obviously they won't do that, but there's nothing preventing them from doing so.
 
Goes to show corps don't respect the legal system. They only see it as something to get their way.
 
On stoopid mistake from AT&T for advertising "unlimited" but then decided to "throttle down" cannot be corrected by another mistake with the argument that "unlimited" applies only to data but not the connection speed. If AT&T pursues this line of reasoning it will lose more than it already lost with this customer!
 
Corporate arrogance didn't work for me either. I fired AT&T a few months ago, the works -- land line, DSL, 2 cell phones.

TW Cable + VoIP phone = half-price + better service
 
sfsuphysics said:
Unlimited data still is true though right? Doesn't make a promise on data speeds.
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Any artificial slowdown placed on any step of the pipeline is inherently a limit in the quantity of data you get, and so throws unlimited out the window.

For example, let's say you get unlimited data, but capped at 50 kbps. Well then it's not really "unlimited data" - it's actually 15GB of data (the max you can transfer in a month @ 50kbps).

Unlimited, to me, means as much as your device can handle.
 
The thing that I have the biggest problem with is this movement that as device speeds increase exponentially, the data caps are getting reduced (and introduced) inversely. It's like that absolutely reaming plan that AT&T has for the LTE iPad. $15 a month and 250MB. On LTE. And the other plans are horribly priced as well, by Verizon as well, especially their 2GB for $30 plan. At least AT&T is 'gracious' enough to offer 1GB more for the same price, though still ridiculous given the device's purpose as a media consumption device with a high resolution screen. It's a shame Sprint isn't large enough to push around the other two into offering unlimited plans again.
 
"threatening to shut off his service if they don't sit down and talk with him" - ok, so port your number to another provider and tell them to go jump off a cliff.
 
InorganicMatter said:
Unlimited, to me, means as much as your device can handle.
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Unlimited to me means all the data you can get without artificial limits. Using the data speed * time argument still leaves you with a "cap". But I'm accepting of that because its a natural limit. I don't get upset because I can't fly, that's a limit of my body, I don't have wings.

If AT&T told me something to the effect of "You've used 10 GB this month, we're going to throttle your connection during peak hours to reduce load," I'd understand that. I'm impacting other user's experience.

But at 1 in the morning when very few people are using the network, why am I still being throttled? It obviously isn't to save your network. This is a pure money grab, and you're damn right I'm upset about it. I know eventually spectrum will become saturated. I understand that. But right now, this isn't about conserving spectrum. Its about separating you from your money.
 
Not sure if its mentioned any where on the WWW. but why doesn't these phone companies sell service as SPEED vs Data Usage. , since truly they start throttling you above a certain amount. I mean thats what Cable companies and Telco Companies do, and doesnt worry about usage. How ever Satilite ISP are different , and wouldnt recommend them to anyone that likes to watch movies over an INET connection.
 
trav04 said:
Not sure if its mentioned any where on the WWW. but why doesn't these phone companies sell service as SPEED vs Data Usage. , since truly they start throttling you above a certain amount. I mean thats what Cable companies and Telco Companies do, and doesnt worry about usage. How ever Satilite ISP are different , and wouldnt recommend them to anyone that likes to watch movies over an INET connection.
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The problem is that Cable and Telco companies DO sell service based on data usage, just not in all areas. Comcast, AT&T, etc all have Caps on data usage.

The providers are just scared of being put into a situation where all they do is provide data, since it is difficult to differentiate yourself from your competitors then. If you have a seperate VOIP provider, and just purchase data from Verizon, sprint, etc, then it's blatantly obvious who offers the best deal. When you start factoring in a variety of services, it gets easier to hide how much you're screwing the customer.

I say offer capped data usage, but make the caps realistic, and make it platform agnostic, and sharable. There's absolutely no reason I can't purchase 10GB of LTE data for $50, and share it between 3 smartphones, and a tablet.

After AT&T lied to me on multiple occasions, I switched to Verizon and avoid AT&T like the plague. I'm getting screwed even more by their pricing, but at least they're up front about it, and I have coverage everywhere I go.
 
trav04 said:
Not sure if its mentioned any where on the WWW. but why doesn't these phone companies sell service as SPEED vs Data Usage. , since truly they start throttling you above a certain amount. I mean thats what Cable companies and Telco Companies do, and doesnt worry about usage. How ever Satilite ISP are different , and wouldnt recommend them to anyone that likes to watch movies over an INET connection.
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They can't guarantee speed since it's a wireless connection and subject to all kinds of factors.

Cable companies will get uppity if you use more than an unspoken limit as well. Comcast starts to poke their nose in your business if you use more than 250 GB a month.
 
c4v3man said:
The problem is that Cable and Telco companies DO sell service based on data usage, just not in all areas. Comcast, AT&T, etc all have Caps on data usage.

The providers are just scared of being put into a situation where all they do is provide data, since it is difficult to differentiate yourself from your competitors then. If you have a seperate VOIP provider, and just purchase data from Verizon, sprint, etc, then it's blatantly obvious who offers the best deal. When you start factoring in a variety of services, it gets easier to hide how much you're screwing the customer.

I say offer capped data usage, but make the caps realistic, and make it platform agnostic, and sharable. There's absolutely no reason I can't purchase 10GB of LTE data for $50, and share it between 3 smartphones, and a tablet.

After AT&T lied to me on multiple occasions, I switched to Verizon and avoid AT&T like the plague. I'm getting screwed even more by their pricing, but at least they're up front about it, and I have coverage everywhere I go.
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I agree then have rollover , say you didnt use you 10gb of data, then your not charged that month until you hit that limit. I mean I pay my bill on time and I dont get any thing back in return other then another bill. I am paying for 450 minutes but it takes me 3 months to use it, I mean come on, I think these companies get to big and forget about what it actually takes to make that monthly payment.
 
Spewn said:
Actually if you want to go with the "but the data is unlimited" argument then you're still boned because if I leave my connection on 24/7 there is a LIMIT to how much I can download in a month. Whatever my max connection speed * the number of seconds in a month is, that's my limit.
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And you are free to get as much data as you want within the confines of your bandwidth, they're just snipping your bandwidth, and the other side is they're not giving you enough bandwidth to make you happy.

Look I'm not siding with AT&T, I'm just pointing out they are in no way charging you more for using data above a set amount, which is essentially what they mean by "unlimited data" get as much data as you want for 1 price.
 
Spewn said:
Actually if you want to go with the "but the data is unlimited" argument then you're still boned because if I leave my connection on 24/7 there is a LIMIT to how much I can download in a month. Whatever my max connection speed * the number of seconds in a month is, that's my limit.
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But of course, that is EXACTLY how it should be. An "Unlimited" plan should be defined as "max connection speed * the number if seconds in a month", where a user can freely use as much of his subscribed service as he desires. If we accept that there is a limit on the throughput, then "Unlimited" can't mean anything else. If he wants to download at 3 mb/sec for 24 hours a day 7 days a week then he should be able to. If he has the right to use none of it none of the time while still paying for service, then he should have the right to use all of it all of the time.
 
sfsuphysics said:
And you are free to get as much data as you want within the confines of your bandwidth, they're just snipping your bandwidth, and the other side is they're not giving you enough bandwidth to make you happy.

Look I'm not siding with AT&T, I'm just pointing out they are in no way charging you more for using data above a set amount, which is essentially what they mean by "unlimited data" get as much data as you want for 1 price.
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He's subscribed to an unlimited plan, every unlimited plan has a throughput cap, so he's already accepted that the throughput is limited. All users want is an unlimited use of their throughput cap.
 
sfsuphysics said:
Look I'm not siding with AT&T, I'm just pointing out they are in no way charging you more for using data above a set amount, which is essentially what they mean by "unlimited data" get as much data as you want for 1 price.
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"...'unlimited data' get as much data as we are willing to give you for 1 price."

Fixed.

The real problem with what AT&T is doing here is calling it "unlimited." That is false advertising. The definition you are using is a contortedly limited variety of the word "unlimited" (it's unlimited unless you go over the "set amount" = limit). It doesn't matter that they do not charge an overage fee. The throughput cap is plenty to disqualify the term "unlimited."

Imagine a restaurant with a big sign out front reading: "All-You-Can-Eat Buffet just $12.99!" But after paying the full amount, they only allowed you to eat as much as their "average customer" eats. That may be fine for most of their customers, who may not want to eat more, but it is still a bait-and-switch ad.
 
Spewn said:
Actually if you want to go with the "but the data is unlimited" argument then you're still boned because if I leave my connection on 24/7 there is a LIMIT to how much I can download in a month. Whatever my max connection speed * the number of seconds in a month is, that's my limit.
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I'm sorry, but that's got to be the stupidest thing I've heard. While I do not agree with their actions, saying there is a limit because you can't get them as fast is stupid. You are basically saying nothing is infinite because you can't actually get infinite of it in an allotted time. So raising the bandwidth, will do NOTHING, it'll still be "limited."
 
I don't have a receipt--that's several military moves ago. I've been with AT&T before they changed to Cingular (as AT&T) so it's been a long time. Do you think current bills alone are enough to prove what kind of plan I'm on?
 
Kueller said:
So now if I want out of my ATT contract I just have to stream shit for a month, sue them (and win), and no more ETF? It's a win-win-win!
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And you get to punish them for their fake unlimited plan. It's win-win-win-win.
 
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