Clearwire Data Throttling Class Action Lawsuit

A federal class action lawsuit claims Clearwire Corporation (CLWR) slows the speed of its so-called high-speed internet service because the network can’t keep up with demand.

According to the Clearwire class action lawsuit, the company advertises that its high-speed internet service provides a “fast,” “always on, always secure” connection, and that its data speeds are comparable to DSL and Cable internet service. However, the internet service provided by Clearwire is not always on or high-speed, like it represents.

“Clearwire lacks sufficient infrastructure to accommodate the data generated by its customers. In order to prevent the network from failing, Clearwire reduces the amount of data that any one user can transmit. This creates an undisclosed cap on each user’s data,” the class action lawsuit claims. “The result is slowed internet traffic for all users, rendering CLEAR useless for data heavy applications and trying for even simple web browsing.”

Clearwire offers various service plans, all of which claim to have no preset speed cap. However, the Plaintiff, who has a supposedly uncapped and unlimited plan, has never been able to reach the data speeds advertised for even the capped plans. Furthermore, the lawsuit says, she pays more for a plan with no limits, even though she’s not even reaching the speeds of the cheaper limited plans.

“Despite all of these representations regarding fast speed, no speed cap, and unlimited data, Clearwire does cap its data speeds well below 1.5 Mbps. Thus the representations of ‘no speed cap’ and ‘unlimited data’ are false and misleading,” says the Clearwire class action.

Furthermore, the class action continues, “Even though Clearwire intentionally slows speeds for unlimited plan subscribers to speeds slower than its lower priced plans, Clearwire does not reduce its monthly service fee for unlimited users. Users, such as Plaintiff, who attempt to view online video or other data intensive applications find their connections throttled to reduce load on Defendant’s wholly inadequate network, thereby preventing Plaintiffs from viewing the video in a satisfactory manner.”

The Clearwire data throttling class action lawsuit is brought on behalf of all persons in the United States who purchased Clearwire internet access from February 1, 2005 until the present. It is seeking restitution, damages, and more.

A copy of the Clearwire Data Throttling Class Action Lawsuit can be read here.