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F.T.C. v. AT & T MOBILITY LLC

No. 15-16585.

835 F.3d 993 (2016)

FEDERAL TRADE COMMISSION, Plaintiff-Appellee, v. AT & T MOBILITY LLC, a limited liability company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2016.

Attorney(s) appearing for the Case

Michael K. Kellogg (argued) and Mark C. Hansen; Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C.; David L. Anderson, Sidley Austin LLP, San Francisco, California; for Defendant-Appellant.

Joel Marcus (argued), Director of Litigation; Matthew M. Hoffman and David L. Sieradzki, Attorneys; David C. Shonka, Acting General Counsel; Federal Trade Commission, Washington, D.C.; Evan Rose, Matthew D. Gold, and Linda K. Badger, Federal Trade Commission, San Francisco, California; for Plaintiff-Appellee.

Before: Richard R. Clifton, and Sandra S. Ikuta, Circuit Judges, and William Q. Hayes, District Judge.

OPINION

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...

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