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A US federal appeals court rejects T-Mobile's bid to overturn a $92M fine for illegally selling customer location data without consent, after a 2024 FCC ruling

A federal appeals court rejected T-Mobile's attempt to overturn $92 million in fines for selling customer location information to third-party firms.

Ars Technica Jon Brodkin

Context & Ripple Effects

The ruling closes an appeal from the FCC’s location-data enforcement campaign, which previously levied penalties against T-Mobile, AT&T and Verizon over sharing data with aggregators without consent. The earlier carrier location-data penalties made this a sector-wide privacy issue rather than an isolated T-Mobile dispute.

For T-Mobile, the decision also adds to a record of enforcement actions spanning customer-data safeguards and service disclosures, including a separate CFIUS penalty over sensitive-data access controls.

First-order effects

  • T-Mobile’s attempt to erase the $92 million location-data penalty has failed, leaving the company responsible for the fine tied to the alleged sale of customer location information without consent.
  • The appellate outcome preserves the FCC’s enforcement position on the carrier’s handling of location data and third-party access.

Second-order effects

  • Other carriers implicated in the FCC’s earlier location-data case face a stronger practical signal that challenges to comparable privacy enforcement may be difficult to sustain.
  • Telecom providers and the third parties that receive customer data have greater incentive to scrutinize consent records and controls around location-data sharing.

Third-order effects

  • If courts continue to uphold these cases, consent management becomes a more consequential operating control for telecom data businesses, not merely a customer-facing disclosure exercise.
  • The case supports a broader shift toward treating highly sensitive connectivity data as subject to tighter permission boundaries, though the extent of future enforcement will depend on regulators and courts.

The trend: Telecom privacy enforcement is increasingly testing whether carriers can monetize or share sensitive customer data without durable, demonstrable consent.

Discussion

  • @karlbode.com Karl Bode on bluesky
    T-Mobile is trying to avoid paying a $92 million FCC fine for tracking sensitive customer location data, then selling access to that data to random nitwits without user consent.  DC Appeals court (for now) is upholding that fine:
  • r/privacy r on reddit
    T-Mobile claimed selling location data without consent is legal—judges disagree
  • r/technews r on reddit
    T-Mobile claimed selling location data without consent is legal—judges disagree |  T-Mobile can't overturn $92 million fine; AT&T and Verizon verdicts still to come.
  • r/technology r on reddit
    T-Mobile claimed selling location data without consent is legal—judges disagree |  T-Mobile can't overturn $92 million fine; AT&T and Verizon verdicts still to come.
  • r/tmobile r on reddit
    T-Mobile loses appeal over $92M FCC fine regarding customer location sharing