The FCC may be having some success hauling AT&T out on the carpet for throttling unlimited data plans without clear warnings to customers, but the FTC isn't so lucky. A Ninth Circuit appeals court has tossed out the FTC's lawsuit against AT&T over allegedly failing to properly disclose slowdowns to customers. While a district court had ruled that the supposed violations didn't occur when AT&T's service was covered by common carrier exemptions from rules on deceptive and unfair practices, the Ninth Circuit sees things differently. It believes that AT&T's exemption is based on its inherent status as a common carrier, not its activities, and thus that exemptions let the provider say as little as it did about throttling.
Source: Consumerist
Court tosses federal lawsuit over AT&T's data throttling posted first on http://ift.tt/1tUdcCk
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