The U.S. Court of Appeals for the D.C. Circuit heard oral argument Wednesday on the National Treasury Employees Union’s pursuit of an emergency stay of President Donald Trump's executive order slashing staff at the Consumer Financial Protection Bureau. The challenge is one of several that NTEU, which represents FCC employees, has against recent efforts by Elon Musk’s Department of Government Efficiency (DOGE) and the Trump administration (see 2503310047).
T-Mobile made its final written arguments this week at the U.S. Court of Appeals for the D.C. Circuit against a $80 million fine imposed by the FCC for allegedly not safeguarding data on customers' real-time locations. T-Mobile was also fined $12.2 million for violations by Sprint, which it later acquired. The FCC and the government defended the fines in January during the last weeks of President Joe Biden's administration (see 2501130061). Oral argument is scheduled for March 24.
Verizon urged the 2nd Circuit U.S. Court of Appeals to overturn a $46.9 million penalty from the FCC for not adequately protecting subscribers’ real-time location information that commissioners approved on a 3-2 vote last year (see 2404290044). Last week, the 5th Circuit heard AT&T's oral argument against a $57 million fine the commission imposed (see 2502030050). The government defended the order in the 5th Circuit even though current FCC Chairman Brendan Carr and Republican Commissioner Nathan Simington had dissented.
Lawyers for the government and AT&T faced questions from a panel of judges on the 5th Circuit U.S. Court of Appeals as the bench heard arguments concerning the FCC’s $57 million fine against the carrier for inadequately protecting customers’ location data. T-Mobile has also challenged more than $92 million in fines in the D.C. Circuit, and Verizon disputed a $46.9 million penalty in the 2nd Circuit, but the 5th Circuit case was the first where a panel of judges heard oral argument.
Public interest groups filed in support of the FCC’s 3-2 April decision (see 2404290044) fining T-Mobile $80 million for allegedly failing to safeguard data related to customers' real-time locations. T-Mobile was also fined $12.2 million for violations by Sprint, which it later acquired. In the Telecom Act, “Congress entrusted [the FCC] with the responsibility of holding the nation’s largest telecommunications providers accountable when those carriers violate the privacy of their subscribers,” the groups said in an amicus brief. Congress intended that Section 222 "ensure that telecommunications providers would protect personal data collected from their customers, and intentionally included broad definitions and gave the Commission clear authority to interpret them as technologies evolved,” they added: “Decades later, it has become clear that one of the most sensitive categories of data that telecommunications providers collect about their customers is mobile location data.” The Electronic Privacy Information Center, the Center for Democracy & Technology, the Electronic Frontier Foundation, Privacy Rights Clearinghouse and Public Knowledge filed the brief. They urged the D.C. Circuit to "reject T-Mobile’s arguments and hold that the text and purpose of Section 222 clearly authorize the FCC orders under review.” If carriers prevail, “they will have successfully evaded virtually all means of legal accountability for violating their customers’ privacy, including data sold to bounty hunters.” Letting carriers avoid FCC authority “will mean that there is essentially no backstop to enforcing the privacy rights Congress guaranteed consumers under the Communications Act.”