Telecoms Freed From FTC Grasp In 9th Circ. AT&T Ruling
Law360, New York (August 30, 2016, 9:53 PM EDT) -- The Ninth Circuit on Monday took a broad view of the common carrier exemption to the Federal Trade Commission's enforcement authority in striking down its data throttling action against AT&T, a move that effectively places telecoms outside the reach of the regulator while boosting the profile of the Federal Communications Commission.
In a 21-page published decision, the three-judge appellate panel reversed the lower court's denial of AT&T Mobility LLC's motion to dismiss the consumer protection suit brought by the FTC. The agency had accused the telecom giant of violating the unfairness and deception prongs of Section 5 of the FTC Act...
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