Supreme Court Sides With FCC in Fight With Carriers

The U.S. Supreme Court ruled today that wireless carriers—including AT&T, Verizon, and T-Mobile—cannot use the constitutional right to a jury trial to avoid nearly $200 million in fines imposed by the FCC, notes Seeking Alpha.

The fines stem from FCC findings that the carriers sold access to customers’ real-time location data to third parties without sufficient safeguards or consent, potentially exposing millions of users to tracking and misuse, Inside Towers reported.

The carriers argued that the FCC’s administrative penalty process violated the Seventh Amendment because large fines were assessed before a jury trial occurred. The Supreme Court rejected this argument, noting that companies can refuse to pay the fines and force the government to sue in federal court, where the case is reviewed anew and a jury trial is available. As a result, the FCC’s enforcement process remains valid.

By Leslie Stimson, Inside Towers Washington Bureau Chief