Federal Trade Commission v. AT & T Mobility LLC

OPINION

CLIFTON, Circuit Judge:

Through a practice referred to by the Federal Trade Commission as “data throttling,” AT & T Mobility LLC intentionally reduces the data speed of its customers with unlimited mobile data plans. 1 A throttled customer receives data at a substantially reduced speed during a given billing cycle once the customer’s data usage during that billing cycle exceeds a threshold determined by AT & T. Unlimited data plan customers are throttled without regard to real-time network congestion.

The FTC filed a complaint against AT & T under section 5 of the FTC Act, 15 U.S.C. §…