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A $12 million proposed settlement has been reached in a class action lawsuit that alleged AT&T customers with unlimited data plans were subject to data throttling.
Lead plaintiff Marcus A. Roberts filed his class action lawsuit in July 2015, claiming AT&T “lured consumers into purchasing smartphones, wireless data cards and mobile service plans by aggressively promoting ‘unlimited’ data service plans.”
However, Roberts argued, the company did not disclose its practice of data throttling — intentionally slowing down the data speed on cellphones and wireless cards when the customer was approaching or had exceeded AT&T’s internal limits on data usage.
According to Roberts, the data throttling affected consumers’ ability to access data and services, such as using the internet and other wireless functions on their phones, until the end of the billing cycle, “thus unreasonably interfering with the supposedly ‘unlimited’ service that the consumers paid for.”
AT&T’s alleged conduct and misrepresentations caused the proposed Class to suffer damages because they paid for services that weren’t as advertised.
The proposed settlement defines the Class as all California consumers who purchased an AT&T Mobility unlimited data plan and who, on or before the preliminary approval date of the settlement, exceeded the company’s data usage threshold for any user on the account during one or more monthly billing cycles “such that the user would have been eligible for data usage slowing or deprioritization by AT&T in those billing cycles under AT&T’s network management policies.” California residence will be based on the last known billing address for the account holder.
The approximately 750,000 Class Member accounts that exceeded the data threshold before AT&T adopted Congestion Aware Throttling will receive automatic payments without the need to file a claim, according to the proposed settlement.
A second group that exceeded the data threshold after AT&T adopted Congestion Aware Throttling will need to file a claim form by mail or online in order to receive a payment.
Current AT&T customers who are Class Members will receive their payment as an automatic credit on their AT&T account. Payments to former customers will be sent via mail.
Do you have an unlimited data plan with AT&T? Do you suspect data throttling? Let us know in the comment section below.
The plaintiffs are represented by Michael W. Sobol and Roger N. Heller of Lieff Cabraser Heimann & Bernstein LLP.
The AT&T Data Throttling Class Action Lawsuit is Marcus A. Roberts, et al. v. AT&T Mobility LLC, Case No. 3:15-cv-03418-EMC, in the U.S. District Court for the Northern District of California, San Francisco Division.
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1,031 thoughts onAT&T Reaches $12M Data Throttling Class Action Settlement
When is the FCC & the FTC going to put the throttle to all of these crooked cell phone service providers? They advertise & charge for services that they can’t or won’t provide. Now they also won’t sell you a phone for cash on a promotion until they run a credit check. I haven’t used a lot of credit in the last several years so my credit score is low I’m guessing & that’s their excuse not to sell me a phone even if I plan on signing up for their PREPAID service. This country is going to hell in a hand basket & nothing is being done. I can see why people are all kinds of pissed off as I’m reading in these comments. California sounds like they are doing something right in that you can at least file a lawsuit there. It needs to be nationwide & these crooked companies need to start towing the line ?
I have a different claim, I returned 2 I-Fone 12s, I got the I-Fone 11and 12 pro max, the 2 I returned were never open, the took the money from my account for the 11 and 12 pro max and never refunded me for the other 2 12s. They claimed it was sent the day that they received the fines, so they talked to my bank on 3 way and my bank explained that it was never sent to my account. How do I handle this situation?
At&t are a bunch of crooks. They took 2 different payments 2 different months out of my bank account and claim to have not received any of the payments. One was over $700 and the other over $600. I have my bank statements as proof At&t took the money out of my bank account and faxed it over to thier finance area amd they told me that wasn’t proof. That they needed me to fax over something else to prove they took it out. They won’t admit that they stole over $1,000 out of my account and keep asking for me to prove it even tho it’s all in black and white when I sent them the statements At&t did indeed take the payments and now they act as if they never got the payments and if they did they didn’t know where it went. Bunch of crooks. I’m still trying to fight them MD get my money back.
This exactly why you never sign up for their auto pay bullshit either. Never ever! Once they have your money, they don’t give a rat’s ass!
I am beyond ?, I knew when our monthly bill jumped 200.00 a month and my service is crap something was going on. I just got rid of direct TV and as soon as our phone contract is up I will get rid of them. Def want part of this class action suit!
PLEASE ADD ME!! AT&T has been nothing but deceptive and promo scamming. Please add me or forward any information that will help me with a class action lawsuit against AT&T.
Please add me! I suspected something for years. I’ve had an unlimited plan for over five years with AT&T.
Yes! I have suspected ATT has manipulated my email/internet service for years. Additionally, each time they say they are “upgrading” my internet speed as a result of my complaints and threats to drop their servie… I see NO CHANGE in my service’s performance. I dropped the Direct TV recently. Coincidently they said my internet “discount” plan was expiring. They squeeze every penny they can from you!! They are probably lying about the internet plan expiration. I am just sick and tired of being on the phone for 30 min.- an hour trying to have a simple question answered. They try to wear the customer down with delays that leave you frustrated and hanging up in desperation before they address your basic question by talking about irrelevant and confusing crap. I hate this company, literally!
Please, add me
Please add me to your lawsuit. As a customer since 2004 and a former employee of almost 10
Years I was definitely a victim of this.
Please add me att is data throttling me. I can’t access att account to check usage because att has taken over my att account by advertising sale of new phone.. att won’t let me access data used but keep saying I dong have enough storage to upload apps.. a rip off 9/17/22