Posts Tagged: "throttle speed"

AT&T Mobility argued in a motion to dismiss that they were exempt from the jurisdiction of the Federal Trade Commission (FTC) because they qualify as a “common carrier.” Specifically, Section 5 of the FTC Act gives the agency enforcement authority over “unfair or deceptive acts or practices,” but exempts “common carriers subject to the Acts to regulate commerce.” 15 U.S.C § 45(a)(1), (2). AT&T Mobility’s motion to dismiss the action was denied… The en banc Ninth Circuit agreed with the district court and overruled the previous three judge panel. The en banc Ninth Circuit ruled earlier today that “common carrier” immunity only attaches when a company is engaging in common-carrier services.