Skip to main content
  1. Home
  2. Phones
  3. Business
  4. Mobile
  5. Web
  6. News

AT&T dodges data-throttling class-action lawsuit

Add as a preferred source on Google

A California judge decided that the class-action lawsuit filed against AT&T for throttling unlimited data will not be allowed to proceed. According to AT&T, customers should only have their complaints heard on an individual basis through arbitration, and it seems as though Judge Edward Chen from the U.S. District Court in Northern California agrees with the company.

Many customers, however, suggest that arbitration would violate the First Amendment right to petition a court for a grievance. Arbitration would allow claims to be brought to the small claims court, but some suggest that the small claims court is not an adequate forum.

Recommended Videos

Chen’s decision comes from a 2011 case, in which the Supreme Court upheld AT&T’s argument for arbitration. According to the Supreme Court, the Federal Arbitration Act preempts a California state law which limits a company’s power to force customers into arbitration.

Customers first filed the lawsuit when AT&T started throttling iPhone users if they used more than 3GB or 5GB of data in one month — even if they had unlimited data plans. The data speeds were far slower than standard speeds, so the customers argue that their unlimited data plans weren’t truly unlimited or useful.

The ruling is a pretty big one for AT&T. It’s unlikely that thousands of iPhone users will file individual lawsuits to the small claims court. Not only that, but those who do take their case to court will have to deal with the legal fees that they wouldn’t otherwise need to pay in a class-action lawsuit.

Still, AT&T isn’t completely out of the woods yet, and will face punishment from the Federal Communications Commission and Federal Trade Commission. The FCC has proposed a fine of $100 million to AT&T, saying that the company violated FCC transparency laws by labeling plans as “unlimited.”

The FTC has also separately sued AT&T for millions of dollars of refunds for customers, and while AT&T argues that the FTC has no jurisdiction in this case, that claim was rejected by the court. Of course, AT&T is still trying to avoid any punishment whatsoever.

Christian de Looper
Christian de Looper is a long-time freelance writer who has covered every facet of the consumer tech and electric vehicle…
I visited Infinix’s first global flagship store, and it’s unlike any phone store I’ve been to
Phones, coffee, and robots: Infinix's Bali concept store was a delightful surprise
Infinix Flagship Store

I've been to plenty of smartphone stores over the years, and I can't tell any of these experiences apart. Picture neatly arranged tables, rows of smartphones, and the occasional accessory tucked away in a corner. Honestly, this works for most people who show up knowing exactly what they need and just leave.

So, when Infinix invited me to Bali for the grand opening of its first global flagship concept store, I was curious to see what the company had planned. I expected an elaborate showroom and a few extra things, like eye-catching installations to celebrate the occasion. And while there were a few of these, a lot of the things that actually caught my eye were permanent parts of the store.

Read more
Apple’s supply chain power is legendary, but a new report says it’s downright brutal  
Whatever you've heard before, the reality is a lot more shocking.
Teradown view of an iPhone.

Ever wonder just how powerful Apple’s market status is? To give you an idea, here’s a passage from a searing report published by The Wall Street Journal published a few days ago:

“Around the end of 2015, Sandisk refused Apple’s requests to send additional supply because it already had customers willing to pay more. Blevins threatened a Sandisk salesman with retaliation, saying he would have Sandisk’s chief executive, Sanjay Mehrotra, “crawl on his knees” back to Apple, according to a person familiar with the call."

Read more
Android’s new ‘SMS of Death’ exploit can crash your phone without you doing anything
A malicious text message can disrupt calls and leave an Android phone stuck in a reboot loop, without the owner knowing what happened.
Samsung Galaxy S26 Ultra smartphone in blue color.

A security researcher has uncovered a serious vulnerability in Android that allows an attacker to remotely crash a smartphone using a specially crafted text message. Dubbed "SMS of Death," the flaw can disrupt cellular services, disconnect ongoing calls, and even leave a phone stuck in a reboot loop. The troubling part is that the recipient doesn't have to interact with it at all.

The flaw, tracked as CVE-2026-58882, was discovered by security researcher Mark Blaszczyk, who first notified Google about it in May. On October 29, he published his findings alongside a working demonstration, after successfully reproducing the attack on Google Pixel and Samsung Galaxy smartphones. Google has already developed a fix, but its availability across Android devices is another matter.

Read more