Clark v. BELLSOUTH TELECOMMUNICATIONS, INC.

MEMORANDUM OPINION

HEYBURN, Chief Judge.

Plaintiffs, Michael Clark and others are customers of BellSouth Telecommunications, Inc., (“BellSouth”). In this federal complaint they seek reimbursement for Kentucky sales tax on DSL Internet access services which they contended Bell-South wrongfully collected. They assert both common law claims of conversion and fraud as well as statutory claims under the Kentucky Consumer Protection Act, Ky. Rev.Stat. Ann. § 367.170 (2006), and the Civil Rights Act, 42 U.S.C. § 1983 (2006). At this point the parties are waging battle in two forums: federal district…