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  • You Too Can Sue AT&T Over Data Throttling, Here's Five Easy Steps

    Do this in the courtroom. Make sure to bring a lightsaber for the proper post courtroom victory celebration.

    If youíre sick of AT&T throttling the grand-fathered in unlimited data plan you plan on taking to the grave, hereís a five-step guide to taking AT&T to court.

    Courtesy of MacTech and Southern California attorney Bradley Sniderman, the guide will help those, if you feel so inclined, to sue AT&T in small claims court.

    1) Where to file ó most lawsuits, even those from small claims, need to be filed in the jurisdiction where the defendant can be found. In this case (and letís use AT&T), AT&T may have corporate offices in only a few locations, but since they are a nationwide phone company, they are usually subject to jurisdiction anywhere. What this means is that you can file your small claims suit in the courthouse most convenient to you.

    2) Make sure you have a copy of your contract, and please review the entire agreement. It may be a slow read, but you need to know the terms of it. You may be able to use these terms to show that AT&T does not have the right to slow your data speed.

    3) You need to be able to show that you have an unlimited data plan, which means you are entitled to unlimited data. You need to also show proof that AT&T had limited your data streaming. You next have to argue that AT&T has no right to charge you a fee for unlimited data, and then not supply it. It is not your fault that AT&T canít keep up with demand for data. If you can even show that you are using less data that some of the fixed rate plans, such as the 3 gigabyte plans, that is even better (fixed plans using more data than you use, but they are not being throttled back). Make sure you have been paying your bill on time and that you are not late, since that could be used against you.

    4) Make sure you have an amount for damages. You need to show how you were damaged by not having data streaming. This could be by showing lost business opportunities or showing how much you have paid for the service you never got.

    5) Be polite, and make sure you are prepared. The court will listen to you, but if you donít know what you are talking about, then your argument gets lost.

    The big thing here is to come prepared and do your homework. Also, do not under any circumstances harness your inner Tom Cruise a la A Few Good Men.

    Bigger picture thinking here, someone should start an on-line initiative to have data-throttling victims ban together and sue AT&T. However, most phone carriers include language in their contracts (you signed it without reading it remember?) that prohibit their users from filing a class action lawsuit. But, the playing field is leveled because you and AT&T are both barred from bringing attorneys to the proceedings. Also, make sure you havenít reached your yearly small claims court filing limit (the irony may be too much for the universe to handle).

    Itís just mano-a-mano in small claims court, and if youíre prepared, and donít throw-up all over yourself in front of the judge, youíre well executed revenge may just work...

    Source: MacTech
    This article was originally published in forum thread: You Too Can Sue AT&T Over Data Throttling, Here's Five Easy Steps started by Phillip Swanson View original post
    Comments 42 Comments
    1. i.Annie's Avatar
      i.Annie -
      Quote Originally Posted by shawn o View Post
      You can sue but you will lose.

      Contract might say unlimited but it doesn't say how fast they have to provide it. They can provide it at Edge speeds if they so choose.
      Somebody actually did win this case. He had as the article outlined all that was needed to fight and win. It was on Yahoo! news, he won $850. This however isn't for the data hogs. This guy only uses 1-2GB and he was throttled. Those who use more than 10GB or so shouldn't expect to win, but those like the guy I'm talking about will probably be able to get it done.
    1. Shart's Avatar
      Shart -
      Not sure if this will help but here is a petition against AT&T throttling back their data plan. I've signed a few petitions and it's fairly painless and non intrusive.

      Economic Justice Petition: AT&T: Stop throttling the data speeds on plans with unlimited data! | Change.org