Federal Court Allows FTC to Continue Lawsuit Against AT&T Over Mobile Data

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Ninth Circuit Court of Appeals: FTC May Continue Their Lawsuit Against AT&T

In 2015, AT&T filed a Motion to Dismiss the FTC’s federal lawsuit against them and it was denied. The matter ultimately ended up in the Ninth Circuit Court of Appeals. The Appeals Court upheld the denial and determined that the FTC may continue its lawsuit against AT&T because of their history of throttling data for reasons other than actual network congestion because one of the responsibilities of the FTC is to protect consumers from “unfair or deceptive acts or practices.” The FTC also has the responsibility to help regulate commerce.

FTC: This Is Good News for Consumers

A statement issued by the Acting Chairman for the FTC, Maureen K. Ohlhausen, read in a press release “I welcome the Ninth Circuit’s ruling as good news for consumers. It ensures that the FTC can and will continue to play its vital role in safeguarding consumer interests including privacy protection, as well as stopping anticompetitive market behavior.”