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9th Circ. Revives MetroPCS’ Suit Over Calif. Phone Plan Fees

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > 9th Circ. Revives MetroPCS’ Suit Over Calif. Phone Plan Fees

9th Circ. Revives MetroPCS’ Suit Over Calif. Phone Plan Fees

Law360 (August 17, 2020, 8:41 PM EDT) — The Ninth Circuit on Friday reversed a ruling that handed a win to MetroPCS in its suit challenging certain California fees for prepaid phone plans, concluding that the trial judge erred in finding that the state fees are preempted by federal law.

In a published opinion, a unanimous three-judge panel reversed a summary judgment ruling in favor of Metro PCS California LLC and remanded the dispute for further proceedings. The panel concluded that the California Public Utilities Commission’s rules governing how providers must calculate state fees were focused on regulating intrastate communications, which are under the CPUC’s purview.

The panel also…

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