Government Says 2nd Circuit Shouldn't Follow 5th Circuit's Logic on Data Fine

FCC Loses the Ability to Levy Fines

On April 17, the U.S. Court of Appeals for the Fifth Circuit ruled that the FCC doesn’t have the authority to levy fines. The case under appeal came from an AT&T fine issued by the FCC in 2024 against the company for violating customer privacy by selling customer location data. AT&T appealed the FCC ruling and said that the FCC had violated the Seventh Amendment of the Constitution by not allowing AT&T to have a jury trial. The Fifth Circuit sid…

Government Says 2nd Circuit Shouldn't Follow 5th Circuit's Logic on Data Fine

The U.S. government urged the 2nd Circuit U.S. Court of Appeals not to look to the 5th Circuit decision overturning an AT&T data fine when it hears arguments Tuesday concerning a $46.9 million penalty the FCC levied against Verizon. The...

FCC Urges Judges Not to Follow Fifth Circuit in Striking Down Fines

WASHINGTON, April 28, 2025 – After the Fifth Circuit invalidated a $57 million penalty against AT&T, the Federal Communications Commission is urging other courts not to toss nearly $140 million in fines against Verizon and T-Mobile.“A Fifth Circuit panel concluded that the FCC’s enforcement proceeding leading to a monetary forfeiture order violated another carrier’s Seventh Amendment rights,” the agency wrote in Friday letters to the courts hand…