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AT&T Offers ‘Quiet Settlement’ to iPhone User in Data Throttling Suit

AT&T Offers ‘Quiet Settlement’ to iPhone User in Data Throttling Suit

AT&T is offering to discuss a settlement with an iPhone user who won a small-claims case that alleged the carrier was slowing down his “unlimited” data service. And to prove how sincere they are, they’re threatening to shut off his phone service if he doesn’t sit down for a talk.

Yahoo, via MacDailyNews:

In a letter dated Friday, a law firm retained by AT&T Inc. is threatening to shut off Matthew Spaccarelli’s phone service if he doesn’t sit down to talk.

The phone company doesn’t say if the settlement would involve money beyond the $850 award the Simi Valley, Calif., resident won from the company in small claims court on Feb. 24.

AT&T, in their continuing quest to put the customer first, has started throttling data transfer rates for “unlimited” users who hit certain data usage thresholds. Spaccarelli asserted at the February 24th hearing that AT&T was breaking its promise for “unlimited” service, and the judge agreed.

Spaccarelli is encouraging other users to copy his suit, and has posted online the documents he used to file his case. If he settles as AT&T wants him to, the settlement could involve a non-disclosure agreement, which would force Spaccarelli to remove the documents.

Yahoo continues: “In its letter, AT&T asked Spaccarelli to be quiet about the settlement talks, including the fact that it offered to start them, another common stipulation. Spaccarelli said he was not interested in settling, and forwarded the letter to The Associated Press.

“Spaccarelli has admitted that he has used his iPhone to provide Internet access for other devices, a practice known as tethering, which violates AT&T’s contract terms. AT&T says that means it has the right to turn off his service.

“Spaccarelli says he doesn’t care — the important thing to him was defeating AT&T in court, he said.”

AT&T has said it will appeal the February 24th decision.

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