Consumer Coalition Defends FTC Authority Over Common Carriers

A coalition of consumer advocates challenged 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.