Law360 Quotes Markham Erickson on 9th Circuit Ruling in FTC v. AT&T

August 31, 2016

Law360 quoted Markham Erickson in an August 30 article titled “Telecoms Freed From FTC Grasp In 9th Circ. AT&T Ruling.”  The article discusses the Ninth Circuit’s ruling on the consumer protection suit against AT&T brought by the Federal Trade Commission (FTC).  The panel concluded that AT&T could not be held liable for the violations alleged by the FTC because of its status as a common carrier, a classification that is exempted from the FTC Act.

Mr. Erickson says:  “I don’t think the final chapter has been written on the interpretation of the FTC Act. Because we may see a stay of the ruling or a cert petition, I'm not sure if any company is going to immediately shift its strategy to take advantage of the decision in the short term.  What's more likely is that companies are going to wait until legal challenges are exhausted and to see if Congress or the FCC fills the gaps before trying to act."

The full article can be read at Law360 (subscription required).