AT&T Considering Seeking Review of 9th Circuit FTC Decision
AT&T is considering filing a petition seeking cert at the Supreme Court on the 9th U.S. Circuit Court of Appeals unanimous ruling that the FTC has jurisdiction over the non-common-carrier activities of common carriers, such as the company (see 1802260031).…
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AT&T’s update came in a status report in case No. 14-cv-04785-EMC submitted to U.S. District Judge Edward Chen in the Northern District of California, who's presiding over an FTC lawsuit alleging AT&T promised millions of wireless customers unlimited data, then throttled the speeds they got. The company said it no longer throttles unlimited customers once they hit monthly data allotment. “AT&T intends to file a petition for certiorari in the Supreme Court” by the May 29 deadline, said the update. AT&T and the FTC are “preparing to engage in direct settlement discussions,” the document said. “Though the parties share an interest in exploring whether the case can be resolved through settlement, they do not propose resuming [alternative dispute resolution] at this time.”