Federal Communication Act as a SOL defense involving a Phone bill

[Baz80]

Does anybody think that referencing the Federal Communications Act as a SOL defense would work?

It lists a 2 year SOL for phone bills.

Here's the relevant bit...

"SEC. 415. [47 U.S.C. 415] LIMITATIONS AS TO ACTIONS.

(a) All actions at law by carriers for recovery of their lawful charges, or any

part thereof, shall be begun, within two years from the time the cause of action

accrues, and not after. "

All 300 some pages here.

http://www.fcc.gov/Reports/1934new.pdf

My situation is detailed here if it helps.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=279862

[trueq]

I would not rely on it as your only defense.

I'd be curious to know if it works!

I have a phone bill where they just kept charging me for 8 months after despite my myraid of written terminations of the phone line.

AT&T is Satan, or at the very least, a subsidiary thereof.

[myscoresawful]

First of all, I would like to clarify, that the FTC SOL is just that, an SOL with regards to complaints to the FTC.

In other words, let's say you find that you've been overcharged on your phone bill, you have 2 years from the date of that phone bill to file a complaint with the FTC. That doesn't mean you couldn't take them to court or argue the charges under another legal avenue. It is the same for the phone company, they have 2 years to file complaints with the FTC over their own issues, though most of the time a phone company will file complaints with the FTC against other communication companies and not their customers, that is what CAs are for.

As for your debt, I believe you might still have a defense where the SOL is concerned, considering phone bill is a utility and utilities are said to fall under goods and "services" which carry a 4 year SOL under the UCC.

I don't have any references to back this up, so you will need to check the UCC and research further on it.

your information from the above referenced link:

Their statement says the date of last payment was 10/29/02.

So if the last payment was 10/29/02, under the UCC 4 SOL would be expired.

you also stated the below in the linked post:

08/23/2007 **Complaint filed on 08/23/2007. Summons issued, ret'd to Atty. 121.00pd

If the 4 year UCC doesn't apply, it would appear that they may have filed within the SOL for your state.

Good luck!

[Recovering Attorney]

The SOL relates to enforcement of admin orders coming out of the FCC, not consumer phone bills.

I would never rely on the UCC SOL for anything other than warranty or repo claims.