The FTC’s Thoughts On Why "Unlimited Data" Shouldn’t Need Scare Quotes

"Unlimited data" shouldn't need scare quotes: what recent FTC action may mean for wireless providers, broadband companies, and class action plaintiffs

On October 28, 2014, the United States Federal Trade Commission (FTC) sued AT&T's mobile division in the Northern District of California (F.T.C. v. AT&T Mobility LLC, Case No._ [N.D. Cal., Oct. 28, 2014] "AT&T Mobility"). The FTC alleged that AT&T had signed millions of customers to "unlimited" mobile data plans from 2007 through June 2010, but that in July 2011 AT&T began reducing the data speeds, or "data throttling," for its unlimited customers. This throttling resulted in drastically reduced service for 3.5 million AT&T customers across a total of over 25 million discrete actions. Based on these allegations, the FTC further alleged that AT&T had engaged in "unfair or deceptive acts or practices in or affecting commerce" and sought an injunction and disgorgement.