AT&T Says It's Out Of FTC's Jurisdiction In 'Throttling' Suit

Law360, New York (January 5, 2015, 5:19 PM EST) -- AT&T Mobility LLC asked a California federal judge on Monday to toss a Federal Trade Commission suit accusing it of "throttling" service for "unlimited" data plans, saying that it is a common carrier exempted from the Federal Trade Commission Act.

AT&T said that since it is a commercial mobile service provider, the Communications Act treats it as a common carrier that thus it is regulated by the Federal Communications Commission, which is also investigating its "throttling" practices and disclosures thereof. The wireless carrier says that, contrary to the FTC's assertion, the FTC Act exempts entities based on their status, not their...

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