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AT&T The Courts United States

AT&T Suffers Another Blow In Court Over Throttling of 'Unlimited' Data ( 40

An anonymous reader quotes a report from Ars Technica: A federal judge has revived a lawsuit that angry customers filed against AT&T over the company's throttling of unlimited mobile data plans. The decision comes two years after the same judge decided that customers could only have their complaints heard individually in arbitration instead of in a class-action lawsuit. The 2016 ruling in AT&T's favor was affirmed by a federal appeals court. But the customers subsequently filed a motion to reconsider the arbitration decision, saying that an April 2017 decision by the California Supreme Court "constitutes a change in law occurring after the Courts arbitration order," Judge Edward Chen of U.S. District Court for the Northern District of California said in the new ruling issued last week. The state Supreme Court "held that an arbitration agreement that waives the right to seek the statutory remedy of public injunctive relief in any forum is contrary to California public policy and therefore unenforceable," Chen wrote.

AT&T argued that the court shouldn't consider the new argument, saying that plaintiffs raised it too late. The plaintiffs could have made the same argument before the April 2017 Supreme Court ruling, since the ruling was based on California laws that "were enacted decades ago," according to AT&T. Chen was not persuaded, noting that "there had been no favorable court rulings" the plaintiffs could have cited earlier in the case. "The Court also finds that Plaintiffs acted with reasonable diligence once there was a ruling favorable to them," Chen wrote. As a result, the plaintiffs can now proceed with their case in U.S. District Court against AT&T. However, AT&T will appeal Chen's latest decision, presumably in the U.S. Court of Appeals for the Ninth Circuit.

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AT&T Suffers Another Blow In Court Over Throttling of 'Unlimited' Data

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  • by rogoshen1 ( 2922505 ) on Wednesday March 21, 2018 @06:06PM (#56300641)

    Stop calling plans with limits 'unlimited'.

    Throttling, data-caps, whatever else are still limits.

    • by Hognoxious ( 631665 ) on Wednesday March 21, 2018 @06:15PM (#56300691) Homepage Journal

      But who's going to make them stop?

      The government? *froth* *froth* communism *froth* *froth* Venezuela *froth* *froth*.

      There you go, cayenne8 & roman_mir. You can take the rest of the day off.

    • Even with throttling, it's still unlimited data.

      It's not called unlimited data at the maximum speed 24/7 as if you were the only person on the planet plan.

      • by Anonymous Coward

        If the plan promises !10Mbps unlimited, then the plan needs to provide 10Mbps 24/7 as I FUCKING PAID FOR IT!

        That doesn't mean that they can restrict(LIMIT) my service 25% of the way through the month because they don't feel like providing the service that they sold me. They sold the service. I paid them for the service. They must deliver the fucking service!

        • It is IMPOSSIBLE to let everyone download unlimited data at 10Mbps all the time - IT IS PHYSICALLY IMPOSSIBLE.

          Also, the plan is probably called "10Mbps, unlimited data" or some shit. In my example the comma is there for a reason.

          You can hate the marketing departments all you want, but it won't change hardware limitations of the networks, whatever ISP you're using.

          • by Uberbah ( 647458 )

            I'm no shill you pathetic moran

            So you're willfully obtuse then, ok. I'll spell out the difference for you. Let's say you're a a concert and you're getting 10% of your normal bandwidth on your smartphone - because the available spectrum is filled with people using Snapchat, Instagram, livesteaming to Facebook, etc. That makes sense.

            Now compare that to you getting 10% of your normal bandwidth, not because there are a high number of users stressing the system, but because an AT&T algorithm has decided y

            • It still goes back to the difference between unlimited data and advertised speeds.

              Also, AFAIK data isn't free for ISPs either - although I did read their cost is like 1/100 or 1/1000 of what they charge us.

    • by AHuxley ( 892839 )
      Yes thats the only way. Call it 100gb, 500gb, 10tb. So the user will know and its all ok.
  • by mentil ( 1748130 ) on Wednesday March 21, 2018 @11:45PM (#56302973)

    I'd say the bigger news is that binding arbitration clauses were struck down in California. Expect AT&T to take this to SCOTUS rather than let it stand.

  • Yes thats the only way. Call it 100gb, 500gb, 10tb. So the user will know and its all ok. Ozgun ve kurumsal logo tasarim

"my terminal is a lethal teaspoon." -- Patricia O Tuama