Chester Smith v. GTE Corporation

CARNES, Circuit Judge:

In this putative class action suit, the plaintiffs assert various state law claims based on an alleged scheme by the defendants, GTE Corporation and GTE South, Inc. (collectively “GTE”), to defraud their customers into leasing telephones and paying exorbitant lease charges. GTE filed a motion to dismiss, contending that the Alabama Public Service Commission (“APSC”), which regulates public utilities operating in that state, has exclusive jurisdiction over the plaintiffs’ claims. Alternatively, GTE argued the APSC has primary jurisdiction over the claims and that the…