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ALDEN F. ABBOTT 

General Counsel 

EVAN ROSE. Cal. Bar No. 253478 

MATTHEW D. GOLD. N.Y. Bar No. 2073963 

LAURA FREMONT, Cal. Bar No. 159670 

KERRY O'BRIEN, Cal. Bar No. 149264 

LIN W. KAHN, Cal. Bar No. 261387 

EMILY COPE BURTON, Cal. Bar No. 221127 

COLIN HECTOR, Cal. Bar No. 281795 

901 Market S1reet, Suite 570 

San Francisco. CA 94103 

Email: erose@ltc.gov; mgold@f1c.gov; 

tfremom@ftc.gov: kobrien@lic.gov; !kahn@ftc.gov; 

eburton@flc.gov; chector@ftc.gov 

Tel: (415) 848-5100; fax: (415) 848-5184 

MARICELA SEGURA. Cal. Bar No. 225999 

D. EMILY WU, Cal. Bar No. 293670 

10990 Wilshire Blvd, Suite 400 

Los Angeles. CA 90024 

Email: msegura@flc.gov; ewu@ftc.gov 

Tel: (310) 824-4343; Fax: (310) 824-4380 

MICHAEL J. DAVIS. N.Y. Bar No. 3049095 

600 Pennsylvania Ave., NW 

Mail Drop CC-10528 

Washington. DC 20580 

Email: mdavis@ftc.gov 

Tel: (202} 326-2458: Fax: (202) 326-3259 

Attorneys for Plain1iff 

FEDERAL TRADE COMMISSION 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

San Francisco Division 

FEDERAL TRADE COMMISSION. Case No. 14-CV-047S5-EMC 

Plaintiff, (PROPOSED! 

v. STIPULATED ORDER FOR 

PERMANENT INJUNCTION AND AT&T MOBILITY LLC. a limited liability MONETARY JUDGMENT 

company. 

Defendant. 

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Case 3:14-cv- 85-EMC Doc nt 19 Filed /05/ 9 age 1 of 20 
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Plaintiff, the Federal Trade Commission ("Commission" or "FTC"), filed its Complaint 

for Permanent Injunction and Other Equitable Relief in this matter, pursuant to Section 13(b) of 

the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b). The Commission and 

Defendant stipulate to the entry of this Stipulated Order for Permanent Injunction and Monetary 

Judgment ("Order") to resolve all matters in dispute in this action between them. 

THEREFORE, IT IS ORDERED as follows: 

FINDINGS 

1. This Court finds that it has jurisdiction over this matter. 

2. The Complaint charges that Defendant participated in deceptive and unfair acts or 

practices in violation of Section 5 of the FTC Act, 15 U.S.C. § 45, in connection with the 

marketing of wireless broadband internet access service for smartphones. 

3. Defendant neither admits nor denies any of the claims or allegations in the Complaint, 

except as specifically stated in this Order. Only for purposes of this Order, Defendant admits 

the facts necessary to establish jurisdiction. 

4. Defendant waives any claim that it may have under the Equal Access to Justice Act, 28 

U .S.C. § 2412, concerning the prosecution of this action through the date of this Order, and 

agrees to bear its own costs and attorney fees. 

5. Defendant and the Commission waive all rights to appeal or otherwise challenge or 

contest the validity of this Order. 

6. The FTC and Defendant acknowledge and agree that this is a compromise settlement of 

disputed issues. It is specifically agreed and acknowledged that this Order is not intended to be, 

nor shall it be, construed as evidence of liability with respect to the allegations set forth in the 

Complaint with respect to any claims or demands by any third parties. 

DEFINITIONS 

For purposes of this Order, the following definitions apply: 

A. "Clear(ly) and Conspicuous(ly)" means that a required disclosure is difficult to miss 

(i.e., easily noticeable) and easily understandable by ordinary consumers, including in all of the 

following ways: 

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Case 3:14-cv-04785-EMC Document 190 Filed 11/05/19 Page 2 of 20 
disclosure must be made through the same means, whether audio, visual, or 

 both, through which the representation triggering the disclosure is made. 

2. A visual disclosure, by its size, contrast, location, the length of time it 

 appears, and other characteristics, must stand out from any accompanying text or other visual 

elements so that it is easily noticed, read, and understood. 

3. An audible disclosure, including by telephone or streaming video, must be 

 delivered in a volume, speed, and cadence sufficient for ordinary consumers to easily hear and 

 understand it. 

4. In any communication using an interactive electronic medium, such as the 

O Internet or software, the disclosure must be unavoidable. 

1 5. The disclosure must use diction and syntax understandable to ordinary 

2 consumers and must appear in each language in which the representation that requires the 

3 disclosure appears. 

4 6. The disclosure must comply with these requirements in each medium through 

5 which it is received, including all electronic devices and face-to-face communications. 

6 7. The disclosure must not be contradicted or mitigated by, or inconsistent with, 

7 anything else in the communication. 

8 8. When the representation or sales practice targets a specific audience, such as 

9 children, the elderly, or the terminally ill, "ordinary consumers" includes reasonable members 

0 of that group. 

1 B. "Close Proximity" means on the same print page, webpage, online service page, or other 

2 electronic page, and proximate to the triggering representation, and not accessed or displayed 

3 through hyperlinks, pop-ups, interstitials, or other means. 

4 C. "Data Throttling" or "Throttling" means intentionally reducing a mobile data customer's 

5 data throughput speed. 

6 D. "Defendant" means AT&T Mobility LLC. 

7 E. "Eligible Consumer" means any consumer that has or had an account for which at least 

8 one device subscribed to an Unlimited Mobile Data Plan that, prior to June I, 2015, was subject 

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Case 3:14-cv-04785-EMC Document 190 Filed 11/05/19 Page 4 of 20 

one or more times to Data Throuling by Defendant at a maximum data 1hroughpu1 of 128 kbps, 

256 kbps, or 512 kbps. 

f'. "Ma1erial Restriction"' means a reduction on lhe amount or speed of data that is likely to 

affect a consumer's purchase or use of 1hc advenised product or service. 

G. "Mobile Data Plan" means a contract with Defendan1 for 1he provision of internet access 

service to mobile devices such as smartphones. 

H. "Space-Constrained Advenisernent" means any communication (including. but not 

limited 10, Internet search results and banner ad.,) that has space, format, size, or technological 

restrictions ("Space Constraint") that limit Defendant from being able to make the disclosures 

required by Section I.A of this Order. Defendant bears the burden of showing that there is a 

Space ConstJaint 10 make a required disclosure that is Clear and Conspicuous and in Close 

Proximity co the triggering 1erm. 

I. "Unlimited Mobile Data Plan" means a Mobile Da1a Plan that did not set fo11h a 

4 numerical limit on the quanlity of da1a allowed in a billing cycle when the customer sub.scribed 

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I. PROHIBITION AGAINST DECEPTIVE ADVERTISING 

OF MOBILE DATA PLANS 

IT IS ORDERED that Defendant, Defendant's officers, agents, employees. and 

attorneys, and all other persons in active concen or panicipation with any of them, who receive 

actual notice of this Order, whetller acting directly or indireclly, in connection with 1he 

advertising or sale of any Mobile Data Plan, are permanently restrnined and enjoined from, 

expressly or by implica1ion: 

A. Making any representation abou1 the amount or speed of mobile data. including that the 

mobile data is unlimited, withou1 disclosing, Clearly and Conspicuously and in Close Proximity 

to the representation, all Material Restrictions imposed by Defendant. For purposes of 1his 

Order. 

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I. For a general representation that mobile data is unlimited without advertising any 

specific data plan, the advertisement must disclose Clearly and Conspicuously 

and in Close Proximity to the triggering representation that restrictions, if any, on 

the amount or speed of mobile data may apply. For a representation that a 

specific mobile data plan is unlimited, the advertisement must disclose Clearly 

and Conspicuously and in Close Proximity to the triggering representation the 

specific type of restriction and the amount of data usage, if any, triggering the 

restriction; 

2. For a Space-Constrained Advertisement, a disclosure will be deemed to be 

compliant with Section I.A. of this Order as long as: 

a. The disclosure indicates the type of restriction and the amount of data 

usage, if any, triggering the restriction; and 

b. The disclosure is made Clearly and Conspicuously and in Close 

Proximity to at least one prominent representation of the triggering term; 

and 

3. For a television or other video advertisement where the triggering representation 

is made orally, the advertisement must state orally the disclosure required by 

Section I.A. unless the duration of the advertisement prevents such disclosure, in 

which case, the advertisement must: (a) disclose orally, in a volume, speed, and 

cadence that ordinary consumers can easily hear and understand, that restrictions, 

if any, on speed or the amount of data, apply; and (b) disclose Clearly and 

Conspicuously in the visual portion of the advertisement the specific type(s) of 

restriction(s), if any, and the amount or data triggering the restriction(s). 

B. Misrepresenting the performance or central characteristics of the Mobile Data Plan. 

II. MONETARY JUDGMENT 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of $60,000,000 is entered in favor of the Commission against 

Defendant AT&T Mobility LLC as equitable monetary relief. 

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B. Defendant is ordered to pay this judgment by depositing $60,000,000 into an interestbearing account ("the Settlement Fund") within 7 days after entry of this Order and submit 

proof to the Commission within 10 days after entry of this Order that this account has been 

established and the funds deposited. Except as expressly provided in Section III.C.6 of this 

Order, funds deposited into this account shall be used solely for the purpose of compensating 

consumers as set forth in Section III of this Order. 

I. Commencing 7 days after Defendant begins issuing bill credits or checks 

pursuant to Sections 111.B and 111.C of this Order, Defendant may withdraw from 

the Settlement Fund the dollar value of the bill credits or checks issued during 

the previous 7 days. On a weekly basis, Defendant may continue to withdraw 

from the Settlement Fund the dollar value of the bill credits or checks issued 

during the previous 7 days until Defendant has fully complied with its redress 

obligations under Sections Ill.B and 111.C of this Order. 

C. The facts alleged in the Complaint will be taken as true without further proof in any 

subsequent civil litigation by or on behalf of the Commission, including in a proceeding to 

enforce its rights to any payment or monetary judgment pursuant to this Order, such as a 

nondischargeability complaint in any bankruptcy case. 

D. The facts alleged in the Complaint establish all elements necessary to sustain an action 

by the Commission pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 11 U.S.C. 

§ 523(a)(2)(A), and this Order shall have collateral estoppel effect for such purposes. 

E. Defendant acknowledges that its Taxpayer Identifying Number (Employer Identification 

Number), which Defendant must submit to the Commission, may be used for collecting and 

reporting on any delinquent amount arising out of this Order, in accordance with 31 U.S.C. 

§ 7701. 

III. REDRESS PROCEDURES AND COORDINATION 

IT IS FURTHER ORDERED that: 

A. Within 30 days after entry of this Order, Defendant must identify each Eligible 

Consumer. 

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Redress to Current Customers 

B. Defendant must compensate Eligible Consumers who, as of the date of entry of this 

Order, have an AT&T Mobility Mobile Data Plan account ("Current Customers") as follows: 

I. Compensation must be made through a bill credit on the Current Customers' 

accounts within 90 days after entry of this Order. 

2. Compensation must be made without requiring Current Customers to file any 

claim seeking compensation or taking any other action. 

3. Defendant must compensate Current Customers who first experienced Data 

Throttling at a maximum data throughput of 128 kbps with a pro rata share of 

$7,500,000 of the Settlement Fund, including any interest accrued as of 7 days 

prior to the start of Defendant's crediting Current Customers' accounts. 

4. Defendant must compensate Current Customers who first experienced Data 

Throttling at a maximum data throughput of 256 kbps or 512 kbps with a pro rata 

share of $29,700,000 of the Settlement Fund, including any interest accrued as of 

7 days prior to the start of Defendant's crediting Current Customers' accounts. 

5. Defendant must notify Current Customers of the bill credit, including by the 

following means: 

a. Defendant must provide a text message notification as set forth in Exhibit 

A. I of this Order to all Current Customers. Defendant must send the text 

message to such consumers on or within 10 days preceding the date on 

which the bill credit is made. The text message notification must be 

provided at Defendant's expense and at no charge to consumers. 

b. For all Current Customers who receive a hard-copy bill, Defendant must 

include a bill insert notice as set forth in Exhibit A.2 of this Order. The 

bill insert must be a different color paper than the bill itself. The bill 

insert must be included with the same bill in which the bill credit is made. 

C. Defendant also must include a notice as set forth in Exhibit A.3 of this 

Order on www.att.com for viewing by consumers on Defendant's 

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website. The notice must be either listed first under "Alerts" or above the 

fold, both of which will be on the first landing page after consumers log 

in to their online account. The notice must be posted on the website on or 

within IO days preceding the date that Defendant first begins to credit 

consumer accounts and must continue to be posted until Defendant has 

credited all accounts, and then until the next billing cycle. 

d. Defendant must further provide a notice, as set forth in Exhibit A.3 of this 

Order, on the MyATT application. The notice must appear when the 

consumer clicks the "Alert" button or above the fold on the first page of 

the application after the log in. The notice must be displayed on the 

application on or within 10 days preceding the date Defendant first begins 

to credit consumer accounts and must continue to be displayed until 

Defendant has credited all accounts, and then until the next billing cycle. 

6. Defendant must provide redress to each Eligible Consumer for whom Defendant 

is not able to compensate through a bill credit using the procedures set forth in 

Section III.C. 

Redress to Former Customers 

C. Defendant must provide prompt redress to all Eligible Consumers who do not have an 

AT&T Mobility Mobile Data Plan account as of the date of Entry of this Order ("Former 

Customers") as follows: 

I. Defendant must pay Former Customers who first experienced Data Throttling at 

a maximum data throughput of 128 kbps a pro rata share of $6,300,000 of the 

Settlement Fund, including any interest accrued as of 7 days prior to the start of 

Defendant's payments to Former Customers. 

2. Defendant must pay Former Customers who first experienced Data Throttling at 

a maximum data throughput of 256 kbps or 512 kbps a pro rata share of 

$16,500,000 of the Settlement Fund, including any interest accrued as of 7 days 

prior to the start of Defendant's payments to Former Customers. 

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3. Payment mus! be made without requiring Former Customers to file any claim 

seeking compensation or taking any 01hcr action. 

4. Defendant must provide redress by sending a check by first-cla~s mail, postage 

prepaid, address correction service requested with forwarding and return postage 

guaranteed, to 1he Former Customer's current or last known address. Prior to 

mailing 1he checks, Defendant must up<la1e each address through the Postal 

Service's National Change of Address database. Defendant must send these 

redress checks within 90 days of entry of this Order. 

5. All redress payments made pursuant to Section lll.C.4 of !his Order either 

become money received by Former Customers within 90 days of Defendant's 

mailing of the checks, through lhe deposit or cashing of such redress checks. or 

Defendant must return the money 10 the Settlement Fund. The redress checks 

issued pursuanl to Section 111.C.4 of this Order mus! state that the checks expire 

90 days after the date of the check. 

6. Defendant must identify Fonner Customers whose redress checks were not 

cashed or deposited within 90 days after Defendant mailed !he checks pursuant 

to Section lll.C.4 of this Order. Defendant must conduct an address trace for 

each Former Customer so identified. Defendant may use Settlement Fund 

moneys to cover reasonable costs incurred to conduct the address trace. 

7. For each Former Customer whose address is updated or confirmed by the address 

trace, pul"suant 10 Section III.C.6 of this Order, Defendant must provide redress 

by sending a new check by first cla~s mail, postage prepaid, address correction 

service requested with forwarding and return postage guarnnteed. to the Former 

Customer's new or confirmed address. 

8. Defendant must include an explanation of refund, as se1 forth in Exhibit B of this 

Order, in the envelope with each refund check issued pursuant to Section Ill.C.4 

and 111.C. 7 of this Order. 

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9. All redress money distributed under this Section 111.C either becomes money 

received by Former Customers within 120 days after Defendant has sent all 

redress checks to Eligible Consumers pursuant to Section 111.C.7 of this Order, or 

Defendant must return the money to the Settlement Fund. The redress checks 

issued pursuant to Section III.C.7 of this Order must state that the checks expire 

120 days after the date of the check. 

D. Commencing at the time Defendant first begins providing consumer redress pursuant to 

Sections III.B and III.C of this Order and continuing until 120 days after Defendant has sent all 

redress checks to Eligible Consumers pursuant to Section 111.C.7, Defendant must maintain a 

telephone number and email address that Eligible Consumers can use to report any problems or 

to ask any questions concerning the redress program set forth in Sections III.B and III.C of this 

Order. 

Other Provisions 

E. Any funds remaining in the Settlement Fund that are not received by consumers, through 

the deposit or cashing of redress checks, 120 days after Defendant completes its redress 

obligations under Section III.C.7 of this Order must be remitted to the Commission within lO 

days. 

F. All money paid to the Commission pursuant to this Order may be deposited into a fund 

administered by the Commission or its designee to be used for equitable relief, including 

consumer redress and any attendant expenses for the administration of any redress fund. If a 

representative of the Commission decides that direct redress to consumers is wholly or partially 

impracticable or money remains after redress is completed, the Commission may apply any 

remaining money for such other equitable relief (including consumer information remedies) as 

it determines to be reasonably related to Defendant's practices alleged in the Complaint. Any 

money not used for such equitable relief is to be deposited to the U.S. Treasury as 

disgorgement. Defendant has no right to challenge any actions the Commission or its 

representatives may take pursuant to this Subsection. 

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payments to the Commission under this Order must be made by electronic fund 

transfer in accordance with instructions provided by a representative of the Commission. 

H. Defendant relinquishes dominion and all legal and equitable right, title, and interest in 

all assets transferred to the Commission pursuant to this Order and may not seek the return of 

any assets. 

Redress Reporting 

I. Unless otherwise directed by a representative of the Commission in writing, Defendant 

must submit a report of the redress program quarterly and at the conclusion of the program. 

Defendant must describe in detail whether and how the program is in compliance with Section 

Ill of the Order and, for each month of the program, summarize the redress program to date, as 

follows: 

I. For all redress to Current and Former Customers of Defendant pursuant to 

Sections III.B and 111.C of this Order, the report summary must include: (i) the 

number and dollar amount of bill credits issued to consumers each month of the 

program; (ii) the number and dollar amount of checks mailed each month of the 

program; and (iii) the number and dollar amount of checks negotiated each 

month of the program. 

2. If a representative of the Commission requests additional information regarding 

the redress program, including any of the underlying data, Defendant must 

submit such information to the extent allowed by the Electronic Communications 

Privacy Act, 18 U.S.C. § 2702(c)(3), and the Communication Act of 1934, as 

amended, 47 U.S.C. § 222(d)(2), within IO days of the request. 

3. Consistent with the Electronic Communications Privacy Act, 18 U.S.C. §§ 

2702(a) and 2703, and the Communication Act of 1934, 47 U.S.C. § 222, 

Defendant shall not share with any representative of the FTC any personally 

identifiable information that could permit the information shared to be associated 

with a specific subscriber or customer of Defendant. Defendant, however, shall 

share with a representative of the FTC information in aggregate form. 

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ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Defendant obtain acknowledgments of receipt of this 

Order: 

A. Defendant, within 14 days after entry of this Order, must submit to the Commission an 

acknowledgment of receipt of this Order sworn under penalty of perjury. 

B. For 5 years after entry of this Order, Defendant must deliver a copy of this Order to: (I) 

all principals, officers, directors, and LLC managers and members having decision-making 

authority with respect to the subject matter of this Order; (2) all employees having managerial 

responsibilities for conduct related to the subject matter of the Order and all agents and 

representatives who have decision-making authority related to the subject matter of the Order; 

and (3) any business entity resulting from any change in structure as set forth in the Section 

titled "Compliance Reporting." Delivery must occur within 7 days after entry of this Order for 

current personnel. For all others, delivery must occur within 7 days of assuming their 

responsibilities. 

C. From each individual or entity to which Defendant delivered a copy of this Order, 

Defendant must obtain, within 30 days, a signed and dated acknowledgment of receipt of this 

Order. 

V. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendant make timely submissions to the Commission: 

A. One year after entry of this Order, Defendant must submit a compliance report, sworn 

under penalty of perjury. Defendant must: (a) identify the primary physical, postal, and email 

address and telephone number, as designated points of contact, which representatives of the 

Commission may use to communicate with Defendant; (b) identify all of Defendant's 

businesses by all of their names, telephone numbers, and physical, postal, email, and Internet 

addresses; (c) describe the activities of each business, including the goods and services offered, 

and the means of advertising, marketing, and sales; (d) describe in detail whether and how 

Defendant is in compliance with each Section of this Order; and (e) provide a copy of each 

Order Acknowledgment obtained pursuant to this Order, unless previously submitted to the 

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B. For IO years after entry of this Order, Defendant must submit a compliance notice, 

sworn under penalty of perjury, within 14 days of any change in the following: (a) any 

designated point of contact; or (b) the structure of Defendant or any entity that Defendant has 

any ownership interest in or controls directly or indirectly that may affect compliance 

obligations arising under this Order, including: creation, merger, sale, or dissolution of the 

entity or any subsidiary, parent, or affiliate that engages in any acts or practices subject to this 

Order. 

C. For IO years after entry of this Order, Defendant must submit to the Commission notice 

of the filing of any bankruptcy petition, insolvency proceeding, or similar proceeding by or 

against Defendant within 14 days of its filing. 

D. Any submission to the Commission required by this Order to be sworn under penalty of 

perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by concluding: "I 

declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. Executed on: "and supplying the date, signatory's full 

name, title (if applicable), and signature. 

E. Unless otherwise directed by a Commission representative in writing, all submissions to 

the Commission pursuant to this Order must be emailed to DEbrief@ftc.gov or sent by 

overnight courier (not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau 

of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, 

Washington, DC 20580. The subject line must begin: FTC v. AT&T Mobility LLC (XI50009). 

VI. RECORD KEEPING 

IT IS FURTHER ORDERED that Defendant must create certain records for 10 years 

after entry of the Order, and retain each such record for 5 years provided, however, that with 

respect to Section VI.D, Defendant must create such records for 5 years and retain each such 

record for 3 years. Specifically, Defendant must create and retain the following records: 

A. Accounting records showing the revenues from the sale of all goods or services related 

to the subject matter of this Order; 

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B. Personnel records showing, for each person providing services related to the subject 

matter of this Order, whether as an employee or otherwise, that person's name; addresses; 

telephone numbers; job title or position; dates of service; and (if applicable) the reason for 

termination; 

C. All records necessary to demonstrate full compliance with each provision of this Order, 

including all submissions to the Commission; 

D. A representative copy of each materially different advertisement or marketing material 

for the sale of Mobile Data Plans; and 

E. Written, sworn, and verified certification prepared and signed annually by a corporate 

manager or officer, and retained pursuant to Section VI.C, certifying that, for the previous year, 

Defendant has retained advertisements pursuant to Section VI.D that are representative of each 

materially different advertisement or marketing material for the sale of Mobile Data Plans. 

Such certification must be based on the personal knowledge of the corporate manager, officer, 

or subject matter experts upon whom the corporate manager or officer reasonably relies in 

making the certification. 

VII. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring Defendant's 

compliance with this Order, including any failure to transfer any assets as required by this 

Order: 

A. Within 14 days of receipt of a written request from a representative of the Commission, 

Defendant must: submit additional compliance reports or other requested information, which 

must be sworn under penalty of perjury; appear for depositions; and produce documents for 

inspection and copying. The Commission is also authorized to obtain discovery, without further 

leave of court, using any of the procedures prescribed by Federal Rules of Civil Procedure 29, 

30 (including telephonic depositions), 31, 33, 34, 36, 45, and 69. 

B. For matters concerning this Order, the Commission is authorized to communicate 

directly with Defendant. Defendant must permit representatives of the Commission to interview 

any employee or other person affiliated with Defendant who has agreed to such an interview. 

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The person interviewed may have counsel present. 

C. The Commission may use all other lawful means, including posing, through its 

representatives, as consumers, suppliers, or other individuals or entities, to Defendant or any 

individual or entity affiliated with Defendant, without the necessity of identification or prior 

notice. Nothing in this Order limits the Commission's lawful use of compulsory process, 

pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1. 

VIII. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for 

purposes of construction, modification, and enforcement of this Order. 

PURSUANT TO STIPULATION, IT IS SO ORDERED 

This __ day of _________ , 2019 

HONORABLE EDWARD M. CHEN 

UNITED ST ATES DISTRICT JUDGE 

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Case 3:14-cv-04785-EMC Document 190 Filed 11/05/19 Page 15 of 20 
AND AGREED: 

2 FOR PLAINTIFF FEDERAL TRADE COMMISSION 

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Date: 11 / 5/ 2019 

Date: --------

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14-CV-04785-EMC 16 

Case 3:14-cv-04785-EMC Document 190 Filed 11/05/19 Page 16 of 20 

MATTHEW D. GOLD 

LAURA FREMONT 

KERRY O'BRIEN 

LINW. KAHN 

EMILY COPE BURTON 

COLIN HECTOR 

MARICELA SEGURA 

D.EMILYWU 

MICHAEL J. DA VIS 

Counsel for Plaintiff 

FEDERAL TRADE COMMISSION 

FOR DEFENDANT AT&T MOBILITY LLC 

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~,- Date: 'i'/23/4.011 

W~R I I 

S · r Vice President and Assistant General Counsel 

AT&T Entertainment Group 

AT&T Services, Inc. 

2260 E. Imperial Highway 

El Segundo, CA 90245 

Counsel for Defendant AT&T Mobility LLC 

By: DAVID CHRISTOPHER 

President, AT&T Mobility and Entertainment 

AT&T Services, Inc. 

2260 E. Imperial Highway 

El Segundo, CA 90245 
Case 3:14-cv-04785-EMC Document 190 Filed 11/05/19 Page 17 of 20 
Case 3:14-cv-04785-EMC Document 190 Filed 11/05/19 Page 18 of 20 

Exhibit A: Notices to Current Customers 

1. Text message 

You will get a credit on your next bill as part of a settlement between AT&T and the Federal Trade 

Commission. For more information, you can contact us at [phone# and email address]. 

2. Bill insert 

You Have a Credit on Your Bill 

AT&T and the Federal Trade Commission settled a lawsuit aHeging that AT&T reduced the data speed on 

unlimited data plans without telling customers. As part of the settlement, we are giving customers 

money back. We've applied a credit to this month's bill. 

3. Website and mobile app 

You Will Get a Credit on Your Next Bill 

AT&T and the Federal Trade Commission settled a lawsuit alleging that AT&T reduced the data speed on 

unlimited data plans without telling customers. As part of the settlement, we are giving customers 

money back. You will get a credit on your next bill. 

EXHIBIT A 
Exhibit B 
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