WASHINGTON May 9 U.S. government claims that
AT&T Mobility illegally slowed down or "throttled" data sent to
wireless devices will be reheard, a U.S. appeals court in
California said on Tuesday after it dismissed the case last
The 9th U.S. Circuit Court of Appeals said in an order that
it would reconsider the "data throttling" case before the full
or "en-banc" 11-judge panel.
A ruling in favor of the U.S. Federal Trade Commission
(FTC), which filed the lawsuit, could clear the way for the
agency to assume jurisdiction over internet provider privacy
practices in addition to websites, which it currently oversees.
In August, the court dismissed the FTC lawsuit, saying that
AT&T Inc was a common carrier and because of this was not
subject to FTC jurisdiction.
The FTC accused AT&T of deception in the 2014 lawsuit,
saying it reduced internet speeds for customers with unlimited
mobile data plans once they exceeded certain levels.
"We have reviewed the court’s order, and we look forward to
participating in the en banc review," said AT&T spokesman
The FTC declined to comment.
(Reporting by Diane Bartz and David Shepardson; Editing by