May 26, 2020

Court Directs FCC To Report On Pending Lucas Petition Status

TCPAWorld recently reported on the latest developments in the case of Lucas v. Telemarketer Calling From (407) 476 and Other Telephone NumbersTherein, the Court directed Mr. Lucas to prepare a Court order to be served on the Federal Communications Commission (FCC) asking about the status of a petition Mr. Lucas had filed with the agency in June of 2014 regarding vicarious liability issues.

Now true to her word, Magistrate Judge Stephanie K. Bowman has issued the following directive in Lucas v. Telemarketer Calling From (407) 476 and Other Telephone Numbers, 2020 U.S. Dist. LEXIS 45828, Case No. 1:12-cv-630, United States District Court for the Southern District of Ohio, March 17, 2020:

“In accordance with the Sixth Circuit’s Nov. 1, 2019 Order directing this Court to ‘inquire’ about the status of the pending Petition, this Court directs the Federal Communications Commission to provide this Court with a written update on the status of Plaintiff’s Petition, including: a. Whether the Petition is still under consideration by the FCC; b. An estimate, to the best of the FCC’s knowledge and ability, concerning the date of any anticipated ruling on the Petition;

To ensure receipt and filing of the FCC’s response, the FCC’s written status report shall include the above-captioned case caption and case number and shall be filed with the Clerk of Court of the Southern District of Ohio on or before May 1, 2020. The U.S. Postal address to which the status report should be mailed is 100 E. 5th St., Room. 103, Cincinnati, OH 45202.”

St. Patrick’s Day missive to the FCC. Stay tuned for a response.

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About this Author

Paul Besozzi, Squire Patton Boggs, telecommunications attorney
Senior Partner

Paul Besozzi concentrates in the wireless, broadband and emerging technology areas. His extensive experience of more than 30 years in the telecommunications field includes regulatory, transactional, legislative and litigation matters for clients ranging from wireless service and infrastructure providers to resellers of long-distance service, including cellular, personal communications services, specialized mobile radio, point-to-point microwave, advanced wireless services and other emerging wireless technologies.

Paul represents clients before the federal and...

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