Federal Trade Commission v. AT&T Mobility LLC
United States Court of Appeals for the Ninth Circuit
883 F.3d 848 (2018)
- Written by Sean Carroll, JD
Facts
AT&T Mobility LLC (AT&T) (defendant) advertised unlimited-mobile-data plans. The Federal Trade Commission (FTC) (plaintiff) sued AT&T under § 5 of the FTC Act, alleging that AT&T throttled its subscribers’ data without providing sufficient notice. AT&T filed a motion to dismiss on the ground that it was a common carrier and the FTC Act exempted common carriers from the FTC’s jurisdiction. The FTC argued that due to recent action at the Federal Communications Commission (FCC), AT&T’s mobile-data service was not a common-carrier service, thus opening that service to FTC jurisdiction. The district court denied AT&T’s motion to dismiss. AT&T appealed. The FCC filed an amicus brief siding with the FTC’s interpretation of the FTC Act.
Rule of Law
Issue
Holding and Reasoning (McKeown, J.)
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