Matt Spaccarelli is an unemployed truck driver that took AT&T to small claims court and won. He won $850 from the telecommunications company in the lawsuit. AT&T was throttling his data service for his iPhone. This past Friday, Pro-tem Judge Russell Nadel was in favor of Spaccarelli at the Ventura Superior Court in Simi Valley.
Spaccarelli said it wasn’t fair that they were purposely slowing down his iPhone when they sold him an unlimited plan. AT&T has about 17 million customers with unlimited data plans that could be subject to throttling. AT&T forbids these customers from consolidating their claims into a class action or taking them to a jury trial so that just leaves small claims actions and arbitration.
Spaccarelli claimed that his phone was being throttled after using 1.5GB-2GB of data within a new billing cycle. However AT&T is giving 3GB of data to subscribers on a tiered plan that costs the same ($30 per month). AT&T plans on appealing the judge’s ruling.