KCLawyer
Monday, January 26, 2004
 
Cellphone Airtime Minutes Litigation

Plaintiff's challenge, arising from cellphone airtime minutes alleged to have been incorrectly billed, is neither a challenge to the reasonableness of defendant's rates nor a challenge to market entry, and therefore is not preempted by the Telecommunications Act. Thus, plaintiff's motion to remand the case to state court should have been granted.
U.S. 7th Circuit Court of Appeals, FEDOR v. CINGULAR WIRELESS CORP. (01/22/04 - No. 02-3332).
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