Class Action Lawsuit Filed Over Cellular Data “Throttling”

According to ABC News, a class action lawsuit filed in California last month claims that consumers who bought “unlimited” cellular phone plans from Walmart and TracFone Wireless face data limitations.

The lawsuit says that “the advertising claim is false, and that customers are routinely subject to having their flows of data “throttled (slowed) or to having their access to data terminated without notice,” according to ABC News.

The lawsuit claimed that the “throttling” process takes place when subscribers near or exceed “internally established, but undisclosed” data limits, or when there is a strain on network towers.

One man, Edward Tooley, reportedly used his phone to access email, websites and navigate maps, but within a few days after activating his service he was “throttled to extremely low speeds without warning.” ABC News reported that Tooley’s service was disconnected without notice.

The lawsuit claims that there are enough people among TracFone’s more than 23 million subscribers to constitute it. It will be interesting to see what comes out of this case. Data “throttling” is something that has been reported about in the news, but it is rarely talked about among consumers. Should a cellular company be able to advertise that it has “unlimited” plans if it puts restrictions on usage?

If you feel like a product or service has been defrauded, contact our class action lawyers to represent you. Call our firm at (800) 711-5258 to see how we can help you.

KGG’s Corner: TracFone says that it is the fifth-largest wireless carrier in the United States.

Kantrowitz, Goldhamer & Graifman, P.C. – Class Action Lawyers


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