A The group of lawyers heading the suit hired an independent computer firm to measure every time a group of iPads and iPhones used data in any way. They then compared the observed data usage to the data usage that AT&T claimed the devices used on their monthly bills. The lawyers claim that AT&T systematically over stated data usage by 7-14%.

In some cases, data usage was over stated by as much as 300%. Every device tested was overcharged as well. The piece, shown on NBC’s Today Show, contends that the iPad and iPhone users regular incur “phantom” data charges as well. One family complained about data usage while the phone wasn’t in regular use, which wasn’t the case though. To further verify the claims of phantom data charges, and overstating, the lawyers also purchased a brand new iPhone.

They ended up turning off everything that could possibly trigger a data charge and let the phone sit for 10 days. When they checked the bill for this time period, 35 different transactions had occurred during this time period. AT&T’s stance on the  argument is that there is a misunderstanding of how data is consumed and billed. They maintain that there are many apps that run in the background or are automatically updated using data the consumer isn’t aware of.

The lawyers did admit that the amount o extra money this costs consumers is small, relatively around $10-$15 a month, but with 20 million iPhone and iPad users that equates to big money. AT&T maintains that most customers do not incur charges for exceeding their limits. We don’t exactly feel that AT&T is very trustworthy when it comes to this kind of information though. Have any of you MGN readers experienced this “systematic” overstating of data usage?