Government Opposes DC Circuit Rehearing of T-Mobile Data Fine
DOJ and the FCC asked the U.S. Court of Appeals for the D.C. Circuit not to rehear an August decision upholding the FCC’s $80 million data breach penalty against T-Mobile (see 2508150014). T-Mobile was also fined $12.2 million for violations committed by Sprint, which it later acquired.
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T-Mobile and Sprint contend that the FCC penalties “violated their constitutional right to a jury trial -- even though a jury would have been available to them in a government suit to enforce the penalties if they had left them unpaid,” the government said in a court filing Tuesday. En banc hearings “are not favored” in this circuit, and rehearing is “rarely granted,” the government said. “This case should be no exception.”