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TAKING LEGAL ACTION
If you believe that you have been financially damaged by a
telecommunications
carrier and would like to take legal action against that carrier, you may
bring
a lawsuit based on a violation of the Communications Act in Federal District
Court or file a legal action at the FCC.
You cannot, however, file a lawsuit in Federal District Court regarding
complaints related to accessibility requirements for Americans with
disabilities under Section 255 of the Communications Act, 47 U.S.C. §
255.
Whether you choose to file a lawsuit or a legal action at the FCC, you will
have the burden of providing evidence and making the legal arguments
necessary
to prove your case. As a result, we strongly encourage you to contact legal
counsel for information on how to proceed with legal action.
-
Federal District Court:
You may bring a lawsuit for the recovery of
dama
ges
in a United States District Court under section 207 of the Communications
Act.
47 U.S.C. § 207. Again, we advise you to contact legal counsel for
information on how to file a legal action in a federal district court;
OR
-
Federal Communications Commission:
You may elect to file a legal
action
at
the FCC under Section 208 of the Communications Act. 47 U.S.C. § 208.
In
addition, a filing fee must be submitted with this type of complaint. This
type
of legal action is most often filed when the complainant -- the person or
entity filing the complaint -- seeks a written Commission ruling which
requires
a carrier to pay damages resulting from an unlawful action. Because the
Commission resolves this type of complaint in a manner similar to a court
proceeding, we strongly encourage consumers to seek the advice of legal
counsel
before filing an action. Typically, corporations file this type of legal
action
against telecommunications carriers. The rules governing the filing of this
type of legal action can be found in sections 1.720-1.736 of the FCC's
rules.
47 C.F.R. §§ 1.720-1.736.
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