Data Fines Appear Headed to SCOTUS After 2nd Circuit Upholds FCC’s Verizon Order

Kristian Stout September 11, 2025

Kristian Stout, ICLE Director of Innovation Policy, was quoted in a Communication Daily article about the growing circuit split over Federal Communications Commission data privacy fines, as courts disagree on whether the FCC’s enforcement process violates the Seventh Amendment. Read the full article here.

Kristian Stout, innovation policy director for the International Center for Law & Economics, agreed that SCOTUS review is likely. “What’s especially notable is that two appellate courts have found the FCC’s process consistent with the Seventh Amendment, even after Jarkesy,” he said. “That suggests momentum behind the FCC’s position, but it also sets up exactly the kind of doctrinal conflict the court is inclined to resolve.”