The FTC’s lawsuit against AT&T’s throttling on ‘unlimited’ data plans will go ahead


A federal appeals court has ruled against AT&T, allowing the Federal Trade Commission (FTC) to move ahead with its case against the telecommunications company that alleges AT&T throttled data speeds for millions of customers who purchased unlimited data plans.

The case began formally as an FTC clampdown on the way AT&T was marketing its unlimited data plans. That then escalated to examinations about how much power the FTC has in holding corporations to account over their practices. Though the FTC Act gives the Commission enforcement authority over “unfair or deceptive acts or practices,” it exempts “common carriers.” AT&T argued it is a common carrier, and that the FTC has no jurisdiction over it, but that notion was dismissed by the…

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