AT&T Urges FCC to Drop $100 Million Fine, Says Data Throttling Doesn't Harm Customers

Last month the United States Federal Communications Commission announced that it would fine AT&T $100 million for misleading customers about its unlimited data plans and not adequately warning customers about throttling their data speeds. AT&T has since responded, arguing that data throttling doesn't harm customers, the company is being prejudged and that its First Amendment rights are being violated in a response first found by The Hill (via Ars Technica).

ATT Logo

The Commission’s findings that consumers and competition were harmed are devoid of factual support and wholly implausible. Its “moderate” forfeiture penalty of $100 million is plucked out of thin air, and the injunctive sanctions it proposes are beyond the Commission’s authority. Both, moreover, reflect an unseemly effort to coerce settlement. And the NAL and the related press campaign confirm that the agency has already prejudged AT&T’s liability, abandoning any pretext that the Commission remains an impartial arbiter of the case.

AT&T, who wants the FCC to drop the fine, claims that it has made all the required disclosures to customers, pointing out that its Unlimited Data Plan customers were more likely to renew their contracts than non-Unlimited Data Plan customers. Additionally, the telecommunications company argued the FCC would be outside of its authority in both imposing the fine and making other requests because the statute of limitations on the case has passed.

Lastly, AT&T argued that the FCC has no authority to order the company to inform its customers that it violated the Transparency Rule in not telling them about speed changes when throttling data because the statement would both be untrue and a violation of AT&T's First Amendment rights.

AT&T ceased selling Unlimited Data Plans years ago but continues to have customers grandfathered to its Unlimited Data Plans. Previously, the company throttled its Unlimited Data Plan customers once they exceeded 5 GB of LTE data, but in May the company changed its policy to only throttle customers when connected to a cell tower experiencing network congestion.

Tags: AT&T, FCC

Popular Stories

maxresdefault

Five Features Coming to AirPods Pro 3

Friday June 27, 2025 10:52 am PDT by
Apple hasn't updated the AirPods Pro since 2022, and the earbuds are due for a refresh. We're counting on a new model this year, and we've seen several hints of new AirPods tucked away in Apple's code. Rumors suggest that Apple has some exciting new features planned that will make it worthwhile to upgrade to the latest model. Subscribe to the MacRumors YouTube channel for more videos. Heal...
iPhone Car Key WWDC 2025

Apple Announces 13 Automakers Planning to Offer iPhone Car Keys

Friday June 27, 2025 11:42 am PDT by
In 2020, Apple added a digital car key feature to its Wallet app, allowing users to lock, unlock, and start a compatible vehicle with an iPhone or Apple Watch. The feature is currently offered by select automakers, including Audi, BMW, Hyundai, Kia, Genesis, Mercedes-Benz, Volvo, and a handful of others, and it is set to expand further. During its WWDC 2025 keynote, Apple said that 13...
anker power bank recall

PSA: Anker Recalls Multiple Power Banks Due to Fire Risk

Friday June 27, 2025 4:16 pm PDT by
Popular accessory maker Anker this month launched two separate recalls for its power banks, some of which may be a fire risk. The first recall affects Anker PowerCore 10000 Power Banks sold between June 1, 2016 and December 31, 2022 in the United States. Anker says that these power banks have a "potential issue" with the battery inside, which can lead to overheating, melting of plastic...
Chase Sapphire Reserve Apple Perk Feature

Chase Sapphire Reserve Card Introduces New Perk for Apple Customers

Wednesday June 25, 2025 2:08 pm PDT by
Chase this week announced a series of new perks for its premium Sapphire Reserve credit card, and one of them is for a pair of Apple services. Specifically, the credit card now offers complimentary annual subscriptions to Apple TV+ and Apple Music, a value of up to $250 per year. If you are already paying for Apple TV+ and/or Apple Music directly through Apple, those subscriptions will...
iPhone 17 Pro Blue Feature Tighter Crop

iPhone 17 Pro Launching in a Few Months With These 12 New Features

Thursday June 26, 2025 2:00 am PDT by
Apple's next-generation iPhone 17 Pro and iPhone 17 Pro Max are around three months away, and there are plenty of rumors about the devices. Apple is expected to launch the iPhone 17, iPhone 17 Air, iPhone 17 Pro, and iPhone 17 Pro Max in September this year. Below, we recap key changes rumored for the iPhone 17 Pro models:Aluminum frame: iPhone 17 Pro models are rumored to have an...
A18 Pro Chip

New MacBook With A18 Pro Chip Spotted in Apple Code

Monday June 30, 2025 8:05 am PDT by
Apple is developing a MacBook with the A18 Pro chip, according to findings in backend code uncovered by MacRumors. Earlier today, Apple analyst Ming-Chi Kuo reported that Apple is planning to launch a low-cost MacBook powered by an iPhone chip. The machine is expected to feature a 13-inch display, the A18 Pro chip, and color options that include silver, blue, pink, and yellow. MacRumors...
macbook air spacegray purple

Apple Planning to Launch Low-Cost MacBook Powered By iPhone Chip

Monday June 30, 2025 3:20 am PDT by
Apple is planning to launch a low-cost MacBook powered by an iPhone chip, according to Apple analyst Ming-Chi Kuo. In an article published on X, Kuo explained that the device will feature a 13-inch display and the A18 Pro chip, making it the first Mac powered by an iPhone chip. The A18 Pro chip debuted in the iPhone 16 Pro last year. To date, all Apple silicon Macs have contained M-series...
CarPlay Ultra Climate Controls

Here's Which Vehicle Brands Will and Won't Offer Apple's CarPlay Ultra

Friday June 27, 2025 9:52 am PDT by
Apple last month announced the launch of CarPlay Ultra, the long-awaited next-generation version of its CarPlay software system for vehicles. There was news this week about which automakers will and won't offer CarPlay Ultra, and we have provided an updated list below. CarPlay Ultra is currently limited to newer Aston Martin vehicles in the U.S. and Canada. Fortunately, if you cannot...
apple watch ultra 2 new black

Apple Watch Ultra 3 Finally Coming After Two-Year Hiatus

Tuesday June 24, 2025 3:40 am PDT by
Apple will finally deliver the Apple Watch Ultra 3 sometime this year, according to analyst Jeff Pu of GF Securities Hong Kong (via @jukanlosreve). The analyst expects both the Apple Watch Series 11 and Apple Watch Ultra 3 to arrive this year (likely alongside the new iPhone 17 lineup, if previous launches are anything to go by), according to his latest product roadmap shared with...

Top Rated Comments

CrEsTo Avatar
130 months ago
I'll throttle my bill payment, surely it won't 'harm' AT&T.
Score: 115 Votes (Like | Disagree)
jonfarr Avatar
130 months ago
I'm fine with the throttling personally. It's the only realistic way for everyone to have an uninterrupted connection. They're not doing anything to warrant a $100M fine.

It's like fining the water company for not "adequately warning customers" that when they use a kinked garden hose, they won't get the full pressure.
Do you work for ATT? This is crazy talk. A kinked water hose as you comparison to the water company? A better comparison would be that the water company decided you took too long of showers and cut your psi so that you couldn't even take a shower, but you would still get a drip to come out as to not technically cut your service. And that would be ridiculous just like ATTs throttling of unlimited data that was sold as no strings attached, only to attach those strings when they saw fit.
Score: 74 Votes (Like | Disagree)
nepalisherpa Avatar
130 months ago
Oh AT&T, you are such a comedian!
Score: 29 Votes (Like | Disagree)
duffman9000 Avatar
130 months ago
I'm fine with the throttling personally. It's the only realistic way for everyone to have an uninterrupted connection. They're not doing anything to warrant a $100M fine.

It's like fining the water company for not "adequately warning customers" that when they use a kinked garden hose, they won't get the full pressure.
AT&T used to throttle me the instant I went over 5GB, even if no network congestion. The throttling was in effect until my billing cycle was up. And as for your silly water hose analogy, I can unkink my hose. I can't unkink my connection.
Score: 24 Votes (Like | Disagree)
lenslord Avatar
130 months ago
If they fight it, double it. … If they fight it again, double it again. Their only interest is money, make screwing the customers expensive. They will understand expensive.


Article Link: AT&T Urges FCC to Drop $100 Million Fine, Says Data Throttling Doesn't Harm Customers ('https://www.macrumors.com/2015/07/29/att-responds-fcc-100-million-fine/')
Score: 21 Votes (Like | Disagree)
shoorty0690 Avatar
130 months ago
Sure, no harm involved. I could have lost my job because I couldn't connect to the internet at a reasonable speed. I could barely send an email with the throttled speed. Absolutely absurd statement on ATT's part.
Score: 20 Votes (Like | Disagree)