Precedent Supports Hearing 911 Fee Case Against Comcast, Say Ga. Counties
A recent court ruling supports Georgia counties bringing lawsuits to enforce collection and remittance of 911 fees, Cobb and Gwinnett counties told U.S. District Court in Atlanta. In a Tuesday filing (in Pacer), the counties urged the federal court to…
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reject a Comcast motion to dismiss their complaint, which alleged the cable company failed to bill, collect, report and remit the appropriate amount of 911 charges from customers. The counties seek to collect the charges from Comcast, which asked the court to dismiss the lawsuit because the counties don't have authority to hold telecom providers liable for unpaid 911 changes (see 1603280040). Tuesday, the counties cited a July 14 Gwinnett County Superior Court ruling, which rejected motions to dismiss by defendants in two similar lawsuits by the counties against AT&T and EarthLink. That judge said counties could enforce collection and remittance of fees by bringing suit, and the 911 Act was intended to protect counties from improper collection and remittance, the counties said. “The Defendants’ arguments in both cases were virtually identical to those in this case.”