AT&T seeks to settle quietly with iPhone user


outphase

macrumors 65816
Jun 13, 2009
1,290
32
Parts Unknown
It's cheaper and easier to settle quietly. The plaintiff is trying to take this as far as he can even though he's in a losing battle (for himself, not generally). By admitting to tethering, he's setting himself up for failure on appeal and remand.
 

unlimitedx

macrumors 6502a
Jun 15, 2010
634
0
It's cheaper and easier to settle quietly. The plaintiff is trying to take this as far as he can even though he's in a losing battle (for himself, not generally). By admitting to tethering, he's setting himself up for failure on appeal and remand.
i
 

rjohnstone

macrumors 68040
Dec 28, 2007
3,491
3,417
PHX, AZ.
Matthew Spaccarelli's is under no obligation to speak with AT&T on any level. If AT&T cancels his contract, then my understanding it that it would constitute breech. In my opinion, there will be many more who my do so not that quietly.

I for one will be following Mathew's lead and not doing it quite so quietly.
There is no breach of contract on AT&T's part.
He admitted to tethering on a plan that didn't allow it. Which means he violated the terms of the contract.
AT&T has every legal right to cancel his contract.

And yes, he HAS to to talk to AT&T at some level. He agreed to it in the contract. All AT&T customers did when they signed the contract.
It's under the arbitration clause for handling disputes.

Do you guys even read your own contracts or just make **** up? :rolleyes:

He can file a complaint with the FTC and the FCC, but he's still bound by the terms and conditions of the contract just as AT&T are.
 

aristobrat

macrumors G5
Oct 14, 2005
12,248
1,319
It's cheaper and easier to settle quietly.
Cheaper than the $850 in damages that they were originally ordered to pay him? From the article in the OP, AT&T has retained a law firm to deal with his case. It seems to me they're going to spend way more on paying that law firm to deal with this case than just paying the guy his $850. :confused:

At&T wants it settled quickly and quietly. I for one do not. I want to make some noise on what I feel to be AT&T's deceptive practices.
Let us know when your court date is approaching.
 

OceanView

macrumors 65816
Sep 16, 2005
1,094
39
Probably a good idea to get the info from his website now before it gets shut down.
I think that's the main thing AT&T is trying to do.
Would be too costly to defend all small claims court cases to come as a result of this.