AT&T files motion to dismiss FTC's data throttling suit, invokes common carrier status

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Late last year, the FTC filed a lawsuit against AT&T, stating that the carrier was throttling data for users on unlimited plans, a practice that has allegedly been going on since 2011. AT&T is now looking to file a motion to dismiss the lawsuit by invoking the Tier II "common carrier" clause, which exempts the carrier from FTC's jurisdiction and places it under the purview of the FCC.

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