WASHINGTON (Reuters) - 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 year.
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 (T.N) 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 Michael Balmoris.
The FTC declined to comment.
Reporting by Diane Bartz and David Shepardson; Editing by Andrew Hay