In late August, the Ninth Circuit ruled that AT&T was exempt from Federal Trade Commission oversight by virtue of its status as a common carrier, and dismissed an FTC case against AT&T over its practice of “throttling” customers’ mobile data usage. The FTC filed a request for en banc review by the full panel of the Ninth Circuit in mid-October. If the ruling stands, it could dramatically alter the jurisdictional boundaries between the FTC and FCC. In this podcast episode, paralegal Matt Weinmann interviews partner John Heitmann on the decision and its possible implications. To listen to this episode, please click here.
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