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Supreme Court Backs FCC Location Data Fines

Ars Technica •
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The Supreme Court ruled 8-1 that AT&T and Verizon cannot challenge $104 million in FCC fines for selling users' real-time location data without consent. Chief Justice John Roberts wrote that carriers could have obtained jury trials by refusing to pay the fines and waiting for government collection proceedings.

Justice Clarence Thomas dissented, arguing the FCC performed its own adjudications without involving Article III courts. The majority rejected carriers' claims that the FCC process violated their Seventh Amendment right to a jury trial, noting the government must prove violations to a jury before collecting penalties.

The decision upholds the FCC's ability to investigate and propose penalties that can be enforced in court. Public Knowledge's legal director John Bergmayer called it a victory for consumers, saying carriers "tried to dodge all accountability" for selling location data tracked by bounty hunters and even rogue law enforcement officials.