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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
Add me please
Add please
Hello, how will I get added to the law suit?
My 87 yr. old parents were scammed by AT&T in Oct 2021 and we are still trying to dispute the $623.00 charges by AT&T to no avail. The Saleswoman sold them 4 cell lines of which they only have 2 phones and included the hotspot line. The 4th line was charged to a phone number which appeared to be a one of their phone numbers with the numbers transposed.
The Rep sold them 15mg of hotspot supposedly “unlimited” . Service would just continue rolling when reaching 15mg. She sold this to them with her judgement that the hotspot would be perfect for them to watch tv. So at 87 what do people mostly do each day?? Watch TV! So going over gig was inevitable and occurred the very first month.
In order for the Dales Rep to complete my parents purchase she offered to pay the init investment with HER Amazon card!!!! What the heck is that???? My parents then got a statement on their checking account from AMAZON for the initial investment. These sales reps are taught to SELL…no matter what…and literally take the lack of technical knowledge of the elderly and seriously just scam them!!! What can I do to help my parents?? No one at AT&T will fess up to what appears to me to be illegal or practices geared to the elderly.
Can you try and file I small claims court?
I mean its horrible and obviously happening to many others! Thankfully you were there to notice what that corrupt saleswoman did to your parents but I worry so many others may not have someone looking out for them the same way. Salespeople know how difficult it is for people (not just the elderly) to keep track of everything to ensure all t’s are crossed etc… the elderly have it even harder in that dept.
It makes me so angry that even after you discovered her manipulative and corrupt actions you’ve still Had to put forth your own time to rectify it to no avail!
At this point after trying in good faith to correct the obviously non accidental charges you should be compensated for your time and effort in addition to the refund!
A class action would be best since it can punish the offenders so they hopefully curtail the illegal and improper activity but aside from that try small claims
And make sure to contact the regulatory entity that oversees the cell / phone co’s. “
* I know its listed on a part of an art bill and I think its the public utilities commission. I truly feel for you and hope it works in you and your parents favor soon!
I am a victim of data throttling. Please add me to this class action.
Please add me to your lawsuit! I’m in MI, and they talked me into switching to unlimited data for the home, promised me a lower bill and no buffering, and then two mi the later my bill was $1000 dollars. I thought I was a month behind or it was the initial switching over bill, but the high bills continued for 6 months until today when I figured it out. Everything is on automatic and I didn’t notice it for a while because I’m beyond busy working a lot a huge hospital and a intern in school. What it was was my daughter PlayStation wasn’t being powered down all the way and disconnected from the internet and was making me go over my 150 allowed gigs and go into overage charges which I never approved. If I would have known about overage charges before, I would have made sure to have my internet turn off before paying overage charges. I will be working on a way to try to get some reimbursement from them or find representation.
Yes, I am a victim of data throttling. Please add me. And the bait and switch, and transferring me to every dept and get the run around, or when I ask for someone specific I’m on hold endlessly. And every call I make now I have to be put on hold so they can check something. I’ve been lied to, and now facing 1205.00 taken out of my bank acct by them in 2 days because of a damaged phone they claim they didn’t get. I went to the att store and got the label printed due 2 three times being told they were having problems making my label, each call was 20 to 30 minutes with no results. The replacement phone they gave me has had me over the data limit on the 1st day of each cycle. The phone is slow, and seems generic or something. I called assurion last night and waS told they got the returned phone, as usual he put meonhold to see why att wS going to charge me 1205.00, when he came back on he changed his whole story. Said the didn’t get the phone and wouldn’t answer a question without asking his boss. Goes on and on. MUCH MORE
Jus cut the cord!! There are other carriers that WILL give you what you pay for. Period
Att throttled unlimited data and turned on call barring.. They basicly cut data off an turned off out bound calls. So I couldnt call 611 or 911 or anyone at all with full bars an very slow internet at 6 kbs download an zero upload..I get harrassed daily by att. They use att remote support app to mess with firware settings freezing apps like web browsers. When airplane mode all freezing or bugs quit. I am a programmer that knows how to flash stock firware or reset phone to factory.. When going factory.. Phone runs good for one week. I have filed over 150 FCC complaints and the FCC ignores call jamming complaints caused by AT&T. Its seems FCC is proteching AT&T.
I am definitely being throttled please add me. I have made several calls about this matter.
I have an unlimited plan that promised no throttling ever, except in congested areas, and only if my bandwidth use was over a certain amount, otherwise 100% unlimited. I live in a rural community of less than 2000 people and there is no possibility of “congestion”. My original salesman told me that in my location there would be zero chance of throttling unless they built a football stadium next door. Now, every month they start throttling me at 16g.