United States Tenth Circuit

In an action challenging the constitutionality of a portion of the Telephone Consumer Protection Act (TCPA), which regulates the use of automated telephone dialing systems, the judgment below is vacated and remanded to the district court to certify the case to the Attorney General pursuant to Federal Rule of Civil Procedure 5.1 and 28 U.S.C. section 2403 as the AG should have been notified of the challenge and been allowed an opportunity to intervene in the matter.

Appellate Information

• Decided 02/26/2008
• Published 02/27/2008

Judges

• McCONNELL, Circuit Judge., Before KELLY, EBEL, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Stephen Jones (April M. Davis with him on the briefs), Jones, Otjen, Davis & Nixon, Enid, OK, for Defendant-Appellant., Thomas A. Bates, Assistant Attorney General (W.A. Drew Edmondson, Attorney General, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellee.