Comment on AT&T’s throttling victory may hinder FTC’s power to protect consumers

AT&T’s throttling victory may hinder FTC’s power to protect consumers

Enlarge (credit: Getty Images | Andy Cross) AT&T's court victory over the Federal Trade Commission (FTC) this week had the immediate effect of helping the carrier avoid punishment for throttling the Internet connections of customers with unlimited data plans. The judges' decision could also have a long-term impact on the FTC's ability to enforce consumer protection laws. The FTC's charter from Congress already prohibited the FTC from regulating common carriers, a designation that the Federal Communications Commission (FCC) has long applied to AT&T and other phone companies. But the FTC thought it could police non-common carrier activities regardless of whether another part of a company's business falls under the FCC's common carrier designation. When the FTC sued AT&T in October 2014, the company was a common carrier for phone service but not for Internet access.

 

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