WASHINGTON, D.C.—Law360 recently compiled its list of 2017's biggest telecom cases. Womble Carlyle attorney Mark Palchick, a 40-year veteran in the telecom law arena, was one of the industry insiders interviewed for the article.

In particular, Palchick discussed the Federal Trade Commission v. AT&T Mobility LLC case. The FTC had pursued action against AT&T alleging that the company didn't inform unlimited data customers that their Internet speeds could be reduced if they exceeded certain data use limits.

In May, the Ninth Circuit agreed to rehear the FTC's lawsuit against AT&T after a three-judge panel dismissed the case. The panel concluded that AT&T qualified as a common carrier and, thus, was exempt from Section 5 of the FTC Act.

But Palchick said the Ninth Circuit's decision to rehear the case shows that the panel's ruling is "under question" and may not end up being a precedent-setter, as many originally believed it would be.

Other cases on Law360's list of 2017's Biggest Telecom Cases include:

  • United States Telecom Association v. FCC et al.;
  • Global Tel-Link v. FCC et al.; and
  • Free Press et al. v. FCC et al.

Originally published in Law360

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