Class action alleges that Clearwire grossly misrepresents its download speeds and intentionally slows user speeds

A California class action filed yesterday alleges that Clearwire, Inc. (Clear) engages in false and misleading advertising.  According to the suit, Clear advertises its service as "fast" and "always on, always secure."  The company further states that it provides average speeds of 3 to 6 Mbps, and that its service "gives you the speed you need to stream movies, play online games, video chat on the go and take full advantage of the power of the Internet from wherever you are."  In reality, according to the complaint, Clear intentionally slows users' connection speeds because of its network's inability to properly service its volume of data traffic (a practice known as "throttling").  The named plaintiff claims that she experienced maximum download speeds of only 300-400 Kbps (0.3-0.4 Mbps), was never able to video chat without interruption, and was never able to stream online video without interruption.  When she called customer service to complain about not being able to download a movie in less than five hours, a customer service representative allegedly told her that as soon as she tries to watch online video, an application will throttle her speed.  The plaintiff is represented by Audet & Partners and Halunen & Associates.  For more information, please see Sharon Newton v. Clearwire, Inc., 2:11-CV-00783-WBS.