Mealey's (August 30, 2016, 12:38 PM EDT) -- SAN FRANCISCO — In an Aug. 29 ruling, a Ninth Circuit U.S. Court of Appeals found that AT&T Mobility LLC qualifies as a common carrier under the Federal Trade Commission Act (FTC Act) and, as such, is exempt from the Federal Trade Commission’s claims of alleged “data throttling” brought under the act (Federal Trade Commission v. AT&T Mobility LLC, No. 15-16585, 9th Cir.; 2016 U.S. App. LEXIS 15913).

(Opinion available. Document #24-160915-003Z.)

In so finding, the panel held that the common carrier exemption is dependent on...