AT&T suffers another blow in court over throttling of “unlimited” data

Judge Edward Chen of US District Court for the Northern District of California has revived a lawsuit that angry customers filed against AT&T over the company's throttling of unlimited mobile data plans. The decision comes two years after the same judge decided that customers could only have their complaints heard individually in arbitration instead of in a class-action lawsuit. The 2016 ruling in AT&T's favor was affirmed by a federal appeals court. But the customers subsequently filed a motion to reconsider the arbitration decision, saying that an April 2017 decision by the California Supreme Court "constitutes a change in law occurring after the Court‟s arbitration order," ruled Judge Chen. The state Supreme Court "held that an arbitration agreement that waives the right to seek the statutory remedy of public injunctive relief in any forum is contrary to California public policy and therefore unenforceable," Judge Chen wrote.