SCOTUS Rules Against AT&T, Verizon Over Fines For Selling Location Data

“The FCC’s forfeiture proceedings fit comfortably within” the Supreme Court’s Seventh Amendment precedents, Roberts wrote.

“The orders at issue did not settle the carriers’ legal obligations because, stated simply, they did not create an obligation to pay,” he went on.

“And the orders did not reflect the ultimate determination of any fact because, before the carriers could have been made to pay, the Government was required to prove its case to a jury,” said the chief justice.

The outcome was foreshadowed during oral arguments, where several justices appeared unconvinced by AT&T’s and Verizon’s constitutional objections and suggested that FCC penalty orders do not become legally binding until a court is asked to enforce them.

Justice Brett Kavanaugh notably suggested that the carriers had already secured an important concession from the government.