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AT&T loses key ruling in class action over unlimited-data throttling:
AT&T's mandatory-arbitration clause is unenforceable in a class-action case over AT&T's throttling of unlimited data, a panel of US appeals court judges ruled this week.
The nearly five-year-old case has gone through twists and turns, with AT&T's forced-arbitration clause initially being upheld in March 2016. If that decision had stood, the customers would have been forced to have any complaints heard individually in arbitration.
But an April 2017 decision by the California Supreme Court in a different case effectively changed the state's arbitration law, causing a US District Court judge to revive the class action in March 2018.
AT&T appealed that ruling to the US Court of Appeals for the Ninth Circuit, but a three-judge panel at that court rejected AT&T's appeal in a ruling issued Tuesday. Judges said they must follow the California Supreme Court decision—known as the McGill rule—"which held that an agreement, like AT&T's, that waives public injunctive relief in any forum is contrary to California public policy and unenforceable."
[...] The class-action suit alleged that AT&T "used deceptive and unfair trade practices by marketing its mobile service data plans as 'unlimited' when AT&T allegedly limited those plans in several ways, including 'throttling'—slowing down mobile data speeds after the consumer uses an undisclosed, predetermined amount of mobile data," appeals court judges noted in this week's decision.
AT&T changed its policy in 2015 so that customers are throttled only when the network is congested. Previously, the carrier throttled unlimited data plans after customers used either 3GB or 5GB each month, depending on which plan they had, severely limiting speeds for the rest of the monthly billing period regardless of whether or not the network was congested.
(Score: 4, Insightful) by barbara hudson on Saturday February 22 2020, @06:39PM (15 children)
What's that - you can't post on the old green site anonymously? Freedom of speech does not come with a guarantee of anonymity, and anyone who thinks that they can truly use the internet anonymously hasn't noticed the folks convicted of child porn despite using VPNs.
If TMB banned you, he gets my thanks.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: -1, Offtopic) by Anonymous Coward on Saturday February 22 2020, @06:54PM (7 children)
IP bans as stated by TMB expire after 2 weeks. Not sure why you got so worked up about this, I haven't posted the same message twice ever since.
"If TMB banned you, he gets my thanks."
Sorry, asshole FASCIST is what you are. You don't get to uphold ideals only when convenient.
Given your vehemence over this topic I think you're just an asshole sock puppet with a crafted backstory like so many others here. If you're a real person then you should get therapy, you're so tilted over nothing.
(Score: 4, Insightful) by barbara hudson on Saturday February 22 2020, @07:14PM (6 children)
You didn't respond to my point - freedom of speech doesn't come with any other rights attached - no guarantees of anonymity, or that people will want to listen to you. If there's anything pretty much everyone except spammers agrees on, it's that spammers must die.
As for me, "carefully crafted back story" - you must be another one of those conspiracy nutters. But okay - you caught me - I started crafting my back story over 2 decades ago on the green site just so I could troll you. Despite interviews I've done on national TV news and radio.
And you'll probably believe that I don't really exist. Because conspiracy nutbar factor 6 types* will believe anything as long as it's unbelievable. And evidence to the contrary just shows how deep the conspiracy runs.
I've posted my address here and elsewhere - anyone who wants to see if I'm real can come visit, just email first to confirm - though I warn you in advance, I'd probably schedule it to take place where I volunteer, and I'm sure they can put you to work doing some good instead of wasting time with stupidity.
As for fascist - look who's talking - you condemn me because I agree with someone who disagrees with you but you can't formulate a cogent reply to the points I raise. If you can't be arsed to find coherent arguments to back up your ideology, I'm certainly not under any obligation to do so for you. Neither is anyone else.
* nutbar factor 6 is attributed to Kevin O'Leary on Dragon's Den with respect to a guy who changed his name to Elvis Presley and wanted to sell paintings of his alien abduction.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: -1, Troll) by Anonymous Coward on Saturday February 22 2020, @07:22PM (5 children)
Heh ok fascist, you're totally real and totally not losing your shit over nothing. Got it! Oh, and words mean nothing, wish I'd known that before we started this argument.
(Score: 0) by Anonymous Coward on Saturday February 22 2020, @07:32PM (4 children)
The irony is incredible. A fashy around every street corner, behind every lamp post! AAAAAAGGGHHHHHH!
(Score: -1, Offtopic) by Anonymous Coward on Saturday February 22 2020, @07:52PM (3 children)
dictionary.com
The internet was supposed to help people learn, not wallow in their ignorance. I wouldn't make a stink if the site's leadership wasn't so hypocritical, but I guess Miss Hudson is super triggered by the specter of spam.
(Score: 2) by barbara hudson on Saturday February 22 2020, @08:50PM (2 children)
Please don't refrain from being stupid just for my supposed benefit. Spam doesn't "trigger" me - I just hold the same view as the majority of people when it comes to both spam and door-to-door salespeople or Jehovahs Witnesses who come calling when I'm in bed.
Funny how the only people defending spammers are spammers. Like the only people defending Jeffrey Epstein were pervs.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 0) by Anonymous Coward on Saturday February 22 2020, @11:01PM (1 child)
It is OK barbara jane, you can share your true feelings in this safe space. No one will spam you, especially not but posting a supposed email address on a public forum. You're totally not full of shit, I believe you really.
(Score: 2) by barbara hudson on Saturday February 22 2020, @11:17PM
I get spam from this particular forum all the time - more than everywhere else combined. How can I tell? They address me as the editor of soylentnews.
Offers of sponsored content, apps, SEO, website redesign ... that last one is really funny because when I go to their website it is SLOW as well as shitty, and speed affects ranking.
It mostly automatically goes to the junk folder. And that which doesn't, I flag as junk.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 0) by Anonymous Coward on Sunday February 23 2020, @05:04AM (2 children)
And how many more aren't convicted of child porn (you know, besides the FBI, which is a major distributor of child porn)? Just pointing out that some people have been convicted despite using a VPN only tells us that nothing is perfect. Use of a VPN won't help you if you're incompetent and run malicious scripts/programs. But, generally speaking, you can be anonymous if you want to be.
(Score: 2) by barbara hudson on Sunday February 23 2020, @03:38PM (1 child)
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 0) by Anonymous Coward on Sunday February 23 2020, @04:35PM
Propaganda about anonymity? Go take your meds, you're a bit unhinged.
(Score: 0) by Anonymous Coward on Sunday February 23 2020, @01:07PM (1 child)
True, but anonimity is a pretty good guarantor of free speech.
(Score: 3, Interesting) by barbara hudson on Sunday February 23 2020, @10:45PM
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 0) by Anonymous Coward on Sunday February 23 2020, @10:25PM (1 child)
fascism is government run industry. with a dash of racism to better select which industry to promote.
"fascism" is misunderstood, like "hacker" (cracker) or "troll" (disruptif xor offtopic).
(Score: 2) by barbara hudson on Monday February 24 2020, @12:14AM
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.