Evanns

The principal issue to be addressed in this appeal is whether the filed-rate doctrine bars a suit by a consumer challenging a carrier’s pass-through of a fee imposed by the Federal Communications Commission.

I.

The Federal Communications Commission (“FCC” or “Commission”) requires communication carriers to remit funds to the FCC’s Universal Service Fund (“USF”) pursuant to the Commission’s “Universal Service Order.” 2 Pursuant to authority granted them by the FCC, AT & T and MCI passed the USF fee on to their customers. Pacific Bell did not, but did collect the fee for AT & T and MCI for services they had rendered to Pacific Bell customers.

Joseph R. Evanns sued AT & T, MCI and Pacific Bell in California Superior Court, alleging that the USF fee, or “e-rate” as he described it, was “wrongful, illegal and unlawful under State and Federal Law.” He sought damages in excess of one billion dollars and attorneys’ fees of seventy million dollars. The carriers removed the case to federal district court and moved to dismiss for failure to state a claim on which relief could be granted. The district court found that it had jurisdiction and dismissed the complaint pursuant to the…