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2h ago

D.C. Circuit Upholds $92 Million FCC Fines Over Unauthorized Location Data Sales

A unanimous appeals-court panel confirmed that location pings from mobile devices qualify as protected customer network information under FCC regulations.

Court rules that the FCC lawfully fined T-Mobile over improper use of location data
A hand holding a T-Mobile phone emerges from the ground in an illustration of a hellish landscape in which zombies appear to be rising from the dead

Overview

  • The D.C. Circuit rejected T-Mobile and Sprint’s petitions, upholding roughly $92 million in fines for sharing customer location information without verified consent.
  • The court agreed with the FCC that device-generated location data from cell-tower pings falls within Customer Proprietary Network Information protections.
  • Judges ruled that the carriers waived any Seventh Amendment jury-trial right by paying the fines and seeking direct review in the appeals court.
  • AT&T and Verizon continue separate challenges to their FCC fines in the 5th and 2nd Circuits, creating the potential for conflicting rulings.
  • T-Mobile said it may pursue an en banc rehearing or petition the Supreme Court, extending the broader legal fight over telecom privacy authority.