AT&T has said that the average usage by the top 5 percent unlimited data users, indeed comes to around 2GB per month, but that isn't the only criteria to throttling:
Mr. Siegel [AT&T rep] said that even if you do exceed 2 gigabytes of data usage and qualify as one of the top 5 percent, that doesn’t absolutely mean you’re going to be throttled. AT&T will only reduce speeds for the top 5 percent of users in areas where network capacity or spectrum is insufficient, he said. In other words, throttling is done on a case-by-case basis, not based on a hard number, according to AT&T’s claims.AT&T however, hasn't explained, why does it offer a 3GB usage plan for the same price as the unlimited plan at standard, non-throttled speeds, even in congested areas. This hasn't gone down too well with users, and understandably so. Not surprisingly, some have even taken AT&T to court over this issue.
“There’s a very good chance you wouldn’t be slowed,” Mr. Siegel said. He added that in the last month, less than 1 percent of AT&T smartphone customers were affected by the policy.
There might finally be some good news for these users who are being unfairly treated by AT&T. Associated Press has just reported that a judge in Californian court has awarded an iPhone user $850 because AT&T reduced his download speeds.
Pro-tem Judge Russell Nadel found in favor of Matt Spaccarelli on Friday in Ventura Superior Court. Spaccarelli filed a small claims case against AT&T last month, arguing the communications giant unfairly slows speeds on his iPhone 4's unlimited data plan.
AT&T's area sales manager declined to comment on the ruling, but argued in the court that AT&T had the rights to modify or cancel customers contracts.
The court ruling could have serious consequences for AT&T as it could pave the way for more lawsuits against AT&T or at least force AT&T to stop throttling these unlimited data plan subscribers.
[via Associated Press]
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