Tag Archives: throttling

Ninth Circuit Decision Provides Critical Win to FTC in its Authority over Internet Service Providers

In a ruling with implications for both net neutrality and privacy, the Ninth Circuit ruled en banc today that the common carrier exemption in Section 5 of the FTC Act is activity-based, reversing a 2016 panel ruling that the exemption was status-based.  Today’s decision bolsters the FTC’s authority to bring consumer protection (including privacy) and … Continue Reading

Ninth Circuit Dismisses FTC’s Throttling Suit Against AT&T

In an opinion released today, the Ninth Circuit dismissed the Federal Trade Commission’s (“FTC”) lawsuit against AT&T for violating Section 5 of the FTC Act due to its throttling practices.  AT&T’s practice of throttling the speed of customers with unlimited data plans once they reached a certain data usage threshold had been challenged by the … Continue Reading

Ninth Circuit Hears FTC’s Throttling Case Against AT&T

Earlier this week, the Ninth Circuit heard oral argument in AT&T’s appeal of a lower court decision to not dismiss the Federal Trade Commission’s (FTC’s) complaint alleging that AT&T misled consumers by limiting its “unlimited” data plan for mobile customers. As we previously reported, in October 2014 the FTC filed a complaint alleging that AT&T … Continue Reading