9th Circuit to Hear En Banc FTC-AT&T Case With Privacy, Net Neutrality Implications

The 9th U.S. Circuit Court of Appeals will hear en banc an FTC appeal of a panel ruling that threw out the commission's case against AT&T Mobility alleging it inadequately informed customers of its data-throttling program (see 1608290032).

"Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc," said Chief Judge Sidney Thomas in his brief order Tuesday in FTC v. AT&T Mobility, No. 15-16585.

AT&T looks forward to participating in the en banc review, a spokesman said. The agency declined to comment.