Brown v. MCI WorldCom Network Services, Inc.

OPINION

WILLIAM A. FLETCHER, Circuit Judge:

William Brown appeals the district court’s dismissal of his class-action complaint alleging overcharging by telephone service provider MCI WorldCom, Inc. (MCI). The district court held that Brown’s suit was barred by the filed-rate doctrine. The district court further held that Brown’s claim must be resolved in the first instance by the Federal Communications Commission (FCC) pursuant to the doctrine of primary jurisdiction. We hold that because Brown seeks only to enforce an existing, FCC-approved tariff, he has properly stated a claim under federal…