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Telecommunications FTC Act Unfair or Deceptive Trade Practices

Hinch Newman LLP

Federal Trade Commission and Department of Justice Joint Task Force News

Hinch Newman LLP on

The Federal Trade Commission and the Department of Justice possess both overlapping and distinct authority to challenge anti-competitive practices under federal law. The FTC enforces, without limitation, the FTC Act and the...more

Wilson Sonsini Goodrich & Rosati

"Two Cops On the Beat Is Nothing Unusual": Ninth Circuit Reverses Panel Decision, Rules FTC Act's "Common Carrier" Exemption is...

On February 26, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an en banc decision in FTC v. AT&T holding that the Federal Trade Commission (FTC) Act’s “common carrier” exemption is activity-based, reversing the...more

Perkins Coie

Ninth Circuit Strips FTC of ‘Activities-Based’ Jurisdiction over Common Carriers

Perkins Coie on

The FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion. In FTC v. AT&T Mobility, No. 15-16585 (9th...more

Proskauer - New Media & Technology

Of “Lunch Stands and Merry-Go-Rounds”: Ninth Circuit’s Rejection of FTC Authority Over “Throttling” Could Have Far Reaching...

On August 29th, a Ninth Circuit panel unanimously held that the FTC has no power to challenge “throttling” of unlimited data plan customers by mobile broadband providers as an “unfair or deceptive act.” The panel found that...more

Womble Bond Dickinson

One Less Sheriff In Town: Ninth Circuit Rules that Communications Common Carriers are Exempt from FTC Enforcement

Womble Bond Dickinson on

On August 29, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a major decision restructuring how common carriers are regulated at the federal level. The Ninth Circuit interpreted Section 5 of the FTC Act, which...more

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