AT&T is asking the U.S. Federal Trade Commission to cancel a proposed $100 million fine levied against the company for throttling data speeds for users with “unlimited” data plans, The Hill reports. The FCC launched a complaint in October 2014 claiming AT&T slowed speeds for users who had used a certain amount of data each month without informing customers of the policy, then announced in June that it intended to fine the company for that practice.
In a July court filing, AT&T argues that it had properly disclosed its policies to customers – both in online postings and via direct text messages – and took issue with the proposed fine. The company is asking that courts weigh in on the legality of the fine – the largest ever handed down by the FCC – and that any action be halted until they reach a decision. “The Commission’s findings that consumers and competition were harmed are devoid of factual support and wholly implausible,” the company’s filing states. “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.” The FCC claims a “transparency” provision in a 2010 net neutrality order gives it the authority to levy the fine, but AT&T says that assumption is based on a misreading of a portion of the law taken out of context. The FCC declined to comment on AT&T’s latest filing.