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Case Name Millicorp v. Global Tel-Link Corporation PC-FL-0015
Docket / Court 09-cv-23093 ( S.D. Fla. )
State/Territory Florida
Case Type(s) Prison Conditions
Special Collection Prison Legal News
Case Summary
On October 14, 2009, Millicorp, a Florida corporation, filed a lawsuit in the U.S. District Court for the Southern District of Florida under the Communications Act of 1934 and the Telecommunications Act of 1996, 47 U.S.C. § 201, et seq., and various state Unfair and Deceptive Trade Practices Acts, ... read more >
On October 14, 2009, Millicorp, a Florida corporation, filed a lawsuit in the U.S. District Court for the Southern District of Florida under the Communications Act of 1934 and the Telecommunications Act of 1996, 47 U.S.C. § 201, et seq., and various state Unfair and Deceptive Trade Practices Acts, against four corporations providing telecommunications services to correctional facilities in Florida. The plaintiff, represented by private counsel, asked the Court for punitive and compensatory damages and declaratory and injunctive relief. Specifically, the plaintiff claimed that defendants engaged in unlawful conduct to prevent competition by blocking the telephone calls of plaintiff's customers.

Millicorp is a nationwide voice over Internet protocol ("VOIP") provider. VOIP is used to transmit voice communications over an Internet connection rather than a landline. Millicorp provides its services to correctional facility inmates in many states. The defendants provide phone services to correctional facilities via pay phones. Millicorp alleged that defendants programmed their pay phones to block Millicorp's services. As a result, Millicorp claimed it lost revenue and a significant percentage of its customer base.

On April 14, 2010, the District Court (Judge Donald Graham) granted defendants' motion to dismiss. Pursuant to the Communications Act, any person claiming damage under the Act may either make a complaint to the FCC or bring suit in a federal district court, but may not pursue both remedies. The Court found that Millicorp's previous informal request that the FCC investigate the unlawful call blocking practices of the defendants barred it from bringing its claims in federal district court. The Court also declined to exercise supplemental jurisdiction over the plaintiff's remaining state law claims.

Nate West - 09/28/2014


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Issues and Causes of Action
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Issues
General
Phone
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) Evercom Systems, Inc.
Global Tel-Link Corporation
Securus Technologies, Inc.
T−Netix Telecommunications Services, Inc.
Plaintiff Description Plaintiff is a Florida corporation that provides Internet voice communications to inmates in correctional facilities.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2010
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
1:09-cv-23093-DLG (S.D. Fla.) 02/04/2010
PC-FL-0015-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/15/2009
PC-FL-0015-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 04/14/2010 (S.D. Fla.)
PC-FL-0015-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Graham, Donald L. (S.D. Fla.)
PC-FL-0015-0002 | PC-FL-0015-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bennardini, Charles (Florida)
PC-FL-0015-0001 | PC-FL-0015-9000
Brown, Jeffrey M. (Florida)
PC-FL-0015-0001 | PC-FL-0015-9000
Katzman, Steven Mark (Florida)
PC-FL-0015-0001 | PC-FL-0015-9000
Sierra-De Varona, Alexandra (Florida)
PC-FL-0015-9000
Defendant's Lawyers Barnett, Eleanor Trotman (Florida)
PC-FL-0015-9000
Coulson, David A. (Florida)
PC-FL-0015-9000
Joyce, Stephanie A. (District of Columbia)
PC-FL-0015-9000
Other Lawyers None on record

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