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Judge says AT&T can't stop FTC lawsuit over data throttling

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AT&T's attempt to turn the tables on the Federal Trade Commission's mobile data throttling lawsuit hasn't exactly worked out as planned. A federal judge has rejected the carrier's claims that it can't be sued because its status as a common carrier for voice, which exempts it from FTC oversight, also applies to data. This exception only applies to the services that they're meant to cover, according to the court -- while the Federal Communications Commission's upcoming net neutrality rules will factor in mobile data, they aren't in effect right now. The judge also says AT&T misrepresented the whole point of the rule. It's intended to prevent overlap between common carrier regulations, not (as the network suggested) regulations as a whole. In short, AT&T will have to deal with the consequences of limiting its unlimited data customers, whether that's a slap on the wrist or a serious change in policy.

[Image credit: AP Photo/Mark Lennihan]

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