United States Ninth Circuit
Federal Trade Commission v. AT&T Mobility LLC, 15-16585
In an action brought by the Federal Trade Commission under section 5 of the FTC Act that took issue with the adequacy of AT&T's disclosures regarding its data throttling plan, under which AT&T intentionally reduced the data speed of its customers with unlimited mobile data plans, the District Court's denial of AT&T's motion to dismiss is reversed where based on the language and structure of the FTC Act, the common carrier exception was a status-based exemption and that AT&T, as a common carrier, was not covered by section 5.
Appellate Information
- Published 2016/08/29
Judges
- CLIFTON
Court
- United States Ninth Circuit