March 18, 2012- AT&T announced it has changed its mind about appealing a small claims court decision about limiting its unlimited data plan subscribers. Matt Spaccarelli filed a suit in small claims court against the telecommunications giants. The filing claimed that the AT&T’s data throttling procedure of its unlimited mobile handset data plan was unfair.
Previously AT&T would cut back the bandwidth speed when a subscriber became one of the top five percent of bandwidth users. However, Spaccarelli said that slowing down his bandwidth was not appropriate since he paid $130 a month to receive “unlimited” usage.
A judge in Ventura Superior Court agreed with Spaccarelli. Judge Russell Nadel awarded the plaintiff $935. A total of $850 was for the ten months that remained on his contract and $85 was charged for court costs.
After the judge’s decision, AT&T said it would appeal, but after some verbal comments back and forth between AT&T and Spaccarelli, the company decided to pay the fine.
Spaccarelli says he will cancel his current contract with AT&T. He said he would use the money he won in court to pay the company’s early termination charges. Then he will use what remains from his winnings to attend the annual AT&T stockholders meeting in April.