BiggA
join:2005-11-23
EARTH | AT&T will win appeal Because the customer is wrong. He signed the contract that is crystal clear, and allow AT&T to throttle the service when they believe that his use is impacting their network. |
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 ptrowskiGot Helix?Premium
join:2005-03-14
Putnam, CT
kudos:4 | I can believe in many things like Santa Claus but without proof.... |
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 intellerSociopaths always win.
join:2003-12-08
Tulsa, OK | reply to BiggA
they will be required to quantify his impact on the network as proof....good luck doing that.
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"WHEN THE LAUGH TRACK STARTS THEN THE FUN STARTS!" |
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| reply to BiggA
Re: AT&T will *NOT* win appeal No they didn't. That *contract* change occurred after the fact.
One of those "if you continue to use the service, you agreed to the terms we never showed you" things. |
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| reply to BiggA
Re: AT&T will win appeal In his interview one key point that helped him win the case was that he was being throttled at 1.5 Gbytes which is way low. I understand if he was being throttled at 5 Gbytes but 1.5 is outrageous. They also throttled him differently every month. |
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BiggA
join:2005-11-23
EARTH Reviews:
 ·Comcast
| reply to inteller
The contract states they can throttle when AT&T "believes" he is impacting their network. So whatever criteria they use, if it is their belief, then they're right. They should probably have put a sole discretion for any reason clause, but still, it is crystal clear.
This guy just wanted money, and figured he could sue them, and did it. His claim is not valid, and that will be proven to be the case in the appeal. |
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| reply to tonyp
He will need to prove he was throttled at those times. AT&T, just like every other service, does not guarantee service or speeds at any time. He has the burden of proving that there were limits on his speed specifically enforced to him at any given time. Although AT&T admitted to throttling his speeds when he tethered or went to a certain area - it hasn't been proven or dis proven it happened at a specific certain amount. |
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