EPIC, Consumer Coalition Defend FTC Authority Over Common Carriers

EPIC joined a coalition of consumer advocates to challenge a recent federal court decision that would limit the Federal Trade Commission's authority over companies engaged in "common carrier" activities. In an amicus brief filed with the Ninth Circuit Court of Appeals, the consumer coalition urged reconsideration of the court's decision that the common carrier exemption to FTC authority is status-based, not activity-based. The brief warned the decision "could immunize from FTC oversight a vast swath of companies that engage in some degree in common carrier activity." Internet companies such as Google that offer some broadband service could be entirely exempt from consumer protection regulation. EPIC previously filed an amicus brief in FTC v. Wyndham to defend the FTC's "critical role in safeguarding consumer privacy and promoting stronger security standards."


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