AT&T keeps fighting to get FTC lawsuit over its data throttling thrown out

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AT&T Mobility asked a federal appeals court to decide whether the Federal Trade Commission can move ahead with a lawsuit that targeted the carrier's data throttling policies. In a filing with the 9th Circuit Court of Appeals, based in a San Francisco (CA), AT&T said the court should hear the case now in order to avoid costly litigation for both sides. "If this Court waits to review until after a trial, the parties could waste enormous amounts of time and money litigating this case to completion," AT&T argued in its filing seeking an immediate appeal.

The FTC isn't opposing AT&T's request, according to documents AT&T filed on May 26. In a late March decision, Judge Edward Chen of US District Court in Northern California refused to dismiss the lawsuit, which the FTC first brought last fall. The FTC alleged that the carrier misled as many as 3.5 million customers with legacy unlimited data plans by throttling their data speeds and changing the terms of their plans. AT&T has said the lawsuit does not have any merit.


AT&T keeps fighting to get FTC lawsuit over its data throttling thrown out