T-Mobile Asks DC Circuit Not to Hold Data Fine Case in Abeyance
T-Mobile asked the U.S. Court of Appeals for the D.C. Circuit to act on its petition for rehearing of a decision by the court upholding an $80 million data breach fine by the FCC (see 2508150014). T-Mobile was also fined $12.2 million for actions by Sprint, which it later acquired. The FCC has asked the court to hold off on a decision while the U.S. Supreme Court decides whether to hear appeals by Verizon and AT&T challenging similar fines (see 2511170035).
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SCOTUS “has not yet decided whether to grant review … making the FCC’s request premature; if anything, the pendency of those requests for review makes further percolation of the issues presented in this case more important,” T-Mobile said Tuesday in docket 24-1224. “Holding this case in abeyance … would unnecessarily delay the final resolution of the Companies’ petitions for review and thereby prejudice the Companies, who have already suffered delay in the adjudication of their petition for rehearing or rehearing en banc due to the lapse in appropriations.”