FTC Asks 9th Circ. To Rehear AT&T Data-Throttling Suit

Law360, Los Angeles (October 13, 2016, 10:42 PM EDT) -- The Federal Trade Commission asked the Ninth Circuit on Thursday to reevaluate its August decision tossing the agency's data-throttling suit against AT&T, saying the precedential ruling may leave companies only minimally engaged in telecom services immune to regulatory scrutiny.

In asking for en banc rehearing, the FTC is challenging the Ninth Circuit’s dismissal of the agency’s suit under Section 5 of the FTC Act, which alleged AT&T Mobility LLC didn't properly inform unlimited data customers of its program to reduce internet speeds for those who went above a certain data threshold in any given billing cycle.

The FTC said the ruling...

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