Court case

The Federal Trade Commission opened a claims process for former AT&T customers who have yet to claim a refund stemming from the FTC’s lawsuit against the company for misleading consumers about its unlimited data plans. Former AT&T customers may be eligible to claim a refund from the $7 million remaining in a fund created to settle allegations that the wireless provider charged for “unlimited” data plans while reducing their data speeds, a practice known as throttling. The FTC in 2019 required AT&T to provide $60 million for refunds for failing to disclose to millions of smartpho

Congress enacted Section 230 of the Communications Decency Act to permit interactive computer services to exercise editorial discretion when publishing third-party content, without facing liability. This case seeks to hold YouTube liable for publishing objectionable third-party content. Section 230 does not allow this. Petitioners try to work around this clear statutory prohibition by characterizing their theory of liability in different terms.

The Second Circuit Court of Appeals heard oral arguments in a case regarding New York's Affordable Broadband Act, a 2021 law that would have mandated that internet service providers (ISPs) offer a $15 service option for low-income consumers. That law, signed by former Governor Andrew Cuomo (D-NY), was quickly put on ice when industry groups representing ISPs sued the state. But New York appealed that decision, with support from consumer groups and other states, bringing the parties back to court.

A case before the Supreme Court challenging the liability shield protecting websites such as YouTube and Facebook could “upend the internet,” resulting in both widespread censorship and a proliferation of offensive content, Google said in a court filing.

The year 2023 could prove to be a volatile year for the Federal Communications Commission as it wrestles with a number of lawsuits concerning its Universal Service Fund (USF) program.

The Justice Department reached a key milestone in its settlement agreement with Meta Platforms, formerly known as Facebook, requiring Meta to change its advertisement delivery system to prevent discriminatory advertising in violation of the Fair Housing Act (FHA).

The $8.6 billion Universal Service Fund, a linchpin of US communications funding since the late 1990s, helps more than 8 million people afford phone and internet service. The conservative advocacy group Consumers’ Research filed lawsuits in three US courts saying the program should be invalidated because its funding is set by regulators, rather than by Congress, which has taxing authority. There’s a high chance one of the courts will strike down the program in 2023, shifting the battle to the Supreme Court, where justices skeptical of US regulatory agencies could hand the challengers a win.

Facebook parent Meta has agreed to pay $725 million to settle a class action lawsuit that claimed the social media giant gave third parties access to user data without their consent. It is the “largest recovery ever achieved in a data privacy class action and the most Facebook has ever paid to resolve a private class action,” said Keller Rohrback L.L.P, the law firm representing the plaintiffs. The class action lawsuit was prompted in 2018 after Facebook disclosed that the information of 87 million users was improperly shared with Cambridge Analytica, a consultancy firm linked to former Pre

Mark Zuckerberg considered disclosing in 2017 that Facebook was investigating “organizations like Cambridge Analytica” alongside Russian foreign intelligence actors as part of an election security assessment before ultimately removing the reference at his advisers’ suggestion, according to a 2019 deposition conducted by the Securities and Exchange Commission.

Congress and the Federal Communications Commission (FCC) will have plenty of telecommunications issues on their plate as the country heads into 2023. Tax breaks for grant funding; ReConnect reform; Pole attachment problems; and perhaps even net neutrality – again. But New Street Research’s Blair Levin said a handful of truly pressing policy issues appear poised to be decided by the states and courts. According to Levin, a recent ruling by the Supreme Court in the West Virginia v.