Court Decision Questions a Carrier’s Recovery of the PICC and Emphasizes Carrier Obligation to Comply with Truth-in-Billing

Kelley Drye Client Advisory

Recently, the Supreme Court of Washington concluded that Integra Telecom of Washington, Inc. engaged in an unfair or deceptive act or practice by labeling a charge it imposed on business customers a presubscribed interexchange carrier charge (“PICC”). The court found that the use of the term PICC had the capacity to deceive a substantial portion of the public into thinking the surcharge was FCC regulated and required.” The court’s decision reversed the decision of a lower court and permitted a class action lawsuit against Integra to proceed to trial.

This advisory discusses the far-reaching potential implications of this decision for all carriers, and highlights the importance of complying with federal and state truth-in-billing requirements.