AT&T Won't Appeal Decision in Throttling Suit

19.03.2012
AT&T won't appeal after all a it lost in small claims court to a customer, one of a growing number of lawsuits against companies for reneging on marketing claims.

The wireless carrier agreed Friday to pay $850 in damages and $85 in court costs awarded to wireless customer Matthew Spaccarelli by a small claims court in California in February, .

Following Spaccarelli's victory, AT&T threatened to appeal the award if the disgruntled customer didn't agree to a gag order in the case. Requiring the signing of non-disclosure agreements in damage award cases is a common practice by companies to prevent the people they're paying off from talking about a case after it's settled.

But AT&T wasn't able to muzzle Spaccarelli, and the company is throwing in the towel anyways. AT&T isn't giving any reasons for its change of heart, AP reported.

Free to talk about the case, Spaccarelli has created a with information for the carrier's customers who may want to file their own small claims against the company.

Spaccarelli, who has a contract with AT&T for "unlimited" data, took the company to court after it began throttling his data usage in accordance with a policy it implemented after he signed his unlimited data contract. called for choking the data flow to customers with unlimited plans when they were in the top five percent of data users.