The SBTC has moved to intervene in the FTC. vs. DOTAuthority.com et al case to help stop the FTC's unlawful attacks on common carriers and non profits in violation of the FTC Act.
Click Here to Read the SBTC Press Release.
Read SBTC President James Lamb's Article "Expansion of the Common Carrier Exemption within the FTC Act."
Here is an Excerpt:
"There has been much written in recent years about the “Common Carrier Exemption” found within the Federal Trade Commission (FTC) Act. While some (http://www.heritage.org/technology/commentary/time-repeal-the-ftcs-common-carrierjurisdictional-exemption-among-other) have argued for the outright elimination of this exemption, including the FTC itself, as per this undated document downloadable from the FTC.gov website (incidentally, that’s how you know it’s a government website site-- by virtue of the top level domain extension “.gov,” which is an abbreviation of the word “government,” not to be confused by “.com” which stands for “commercial”), in which then-FTC Commissioner Thomas B. Leary, who served as a Commissioner from November 1999 to December 2005, asked Congress to remove the exemption from the law (https://www.ftc.gov/sites/default/files/documents/public_statements/preparedstatement-federal-trade-commission-reauthorization/030611learyhr.pdf), Congress has chosen to leave the exemption in place for at least a dozen years since that FTC request.
In fact, instead of scaling the exemption back, it would appear the Appellate Courts have actually expanded the application of the exemption-- from being narrowly construed as “activity-based” to being more broadly viewed as “status-based.” See this August 2016 case (https://cdn.ca9.uscourts.gov/datastore/opinions/2016/08/29/1516585.pdf) that was handed down in the 9th Circuit in which the Court held that FTC had no jurisdiction over AT&T because it enjoys status as a common carrier.
This article examines the “Common Carrier Exemption” in detail and advances two additional ways to further expand the exemption for businesses to stay out of the FTC’s sometimes overreaching regulatory --and malicious civil prosecutorial-- clutches...
In the interest of justice, I hope this article can be a tool to be added to unjustly accused Defendants’ arsenals to fight back against government corruption, abuse, misrepresentation, and misconduct. And that Congressional committees with oversight authority over the rogue independent FTC will finally remove the wool over their eyes, investigate FTC’s investigative tactics and legal maneuvering, and conclude that action is needed --not to scale back the “Common Carrier Exemption” as the FTC would purport, but to reel in an out-of-control rogue agency and reconsider the grant of Draconian authority currently being abused by power hungry zealots within the agency."
Click Here to Read the Full Article Every FTC Defense Attorney Should Read.
Read SBTC's Motion to Intervene & Proposed Motion to Dismiss
Read DOTAuthority.com's Motion for Summary Judgment.