Sixth Circuit Reopens FCC Breach Rules

The Sixth Circuit has vacated a prior panel ruling and agreed to rehear en banc a challenge to FCC rules requiring telecommunications providers to report breaches involving customer information.

Industry groups and lawmakers argue that the FCC exceeded its authority and circumvented congressional disapproval under the Congressional Review Act, while the court’s rehearing leaves the rules’ legal status unresolved. Oral arguments are scheduled for October 21, 2026, and the FCC is reviewing the rules separately.