Judge Stuart Kyle Duncan
Fifth Circuit Vacates FCC's Fine of AT&T in Customer Data Case
AT&T seeks review of a Federal Communications Commission forfeiture order. In an internal proceeding, the Commission found that AT&T violated section 222 of the Telecommunications Act by mishandling customer data and fined the company $57 million. AT&T’s petition argues, among other things, that the in-house adjudication violated the Constitution by denying it an Article III decisionmaker and a jury trial. Guided by SEC v. Jarkesy, 603 U.S. 109 (2024), we agree with AT&T.