Taco Cowboy sends news that a federal judge has shot down AT&T's attempt to dismiss a lawsuit alleging the company deceived customers by throttling their mobile data speeds. The suit was filed by the Federal Trade Commission after it found AT&T was charging customers for "unlimited" data plans, but then throttling their bandwidth once certain thresholds were reached. AT&T tried to have the suit thrown out by saying the FTC was exceeding its authority. Judge Edward Chen disagrees (PDF), saying jurisdiction for their conduct had not yet passed to the Federal Communications Commission when it occurred. The throttling affected "at least 3.5 million customers."