Doty v. Frontier Communications, Inc.

The opinion of the court was delivered by

Larson, J.:

This first impression case raises issues of claimed preemption by the 1996 Federal Telecommunications Act, 47 U.S.C. § 151 etseq. (1994 ed., Supp. V. 2000), and the application of K.S.A. 2000 Supp. 50-6,103 (Kansas Act) of the Kansas Consumer Protection Act (KCPA), K.S.A. 50-623 et seq., to an unauthorized change of an interstate long-distance telephone services carrier (a practice commonly known as “slamming”).

Both parties substantially agree as to the factual and procedural background of the case, but have strikingly divergent views of the…