ATT May Be Throttling You: Judge Awards iPhone User $850

AT&T is throttling its heaviest users, maybe even including you.

Throttling is the practice of slowing down a heavy data user's Internet speed to prevent them from becoming a bigger bandwidth drain. Back in July, AT&T announced its throttling plans, much to the dismay of smart phone users paying for unlimited data.

One such user, Matt Spaccarelli, was mad. In fact, he was so mad, he took AT&T to small claims court. And he won.

Spaccarelli realized AT&T was throttling his phone after he reached 1.5 to 2GB of data during a billing cycle, explains PC World. His Internet became unbearably slow and streaming content was impossible to view. He believes the practice violates his contract -- if you pay for unlimited data, you should get unlimited data.

A California judge agreed, awarding him $850 on Friday.

You may or may not have a similar claim, depending on where you live, what your contract says and when it was signed. Wireless carriers often include terms that permit unilateral contract modifications. And as AT&T has told the Associated Press, its contract permits modifications made for the benefit of the entire network.

If you signed your contract before AT&Ts July throttling announcement, these provisions may be considered unconscionable and thus unenforceable in your state. If you signed your contract afterward, it's likely throttling is part of the carrier's current wireless contract.

It may be a good time to take a look at your bill and see if AT&T is throttling you. If it is, take a closer look at your contract and see what it says.

Related Resources:

• Throttle This: Two Big Consumer Small Claims Victories (Forbes)
• Will Your Contract Be Enforced Under the Law? (FindLaw)
• CA Woman Wins $10K in Honda Small Claims Suit (FindLaw's Law & Daily Life)