Complaints of AT&T throttling data for it's heavy data usage customers is rampant on the web.  Everywhere you hear stories of customers data speeds being slowed down to unusable speeds.  Now there is a way to fight back.  I was especially fond of hearing this news.

My wife and I have had the Unlimited Data Plan since the first  iPhone and never had a problem, until recently. I introduced wifey to TuneIn radio, She was in love. But after a week or so, I received a this text.

"ATT Free Msg: Your data use this month places you in the top 5% of users. Use Wi-Fi to help avoid reduced speeds. Visit or call 8663447584"

I was peeved, all from Internet radio? What is the point of unlimited if it isn't...Unlimited!?! Yes I know, all about the fine print, but still. Then I read this courtesy of MacTech and Southern California Attorney Bradley Sniderman. Its some quick easy steps to filing in small claims court. I have heard of two cases being won so far, who knows, I might just give it a shot.

1) Where to file — most lawsuits, even those from small claims, need to be filed in the jurisdiction where the defendant can be found. In this case (and let’s 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 can’t 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 don’t know what you are talking about, then your argument gets lost.

Have you or anyone you know received a text like this? Do you plan on going through the judicial system? Sound off and leave a comment, I'm interested in hearing.


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