Teltech Systems, Inc., et al v. Bryant, et al, No. 12-60027 (5th Cir. 2012)
Annotate this CaseDefendants contested a summary judgment holding that the Mississippi Caller ID Anti-Spoofing Act (ASA), Miss. Code Ann. 77-3-805, violated the Commerce Clause. Plaintiffs provide nationwide third-party spoofing services to individuals and entities. In light of the carefully-drafted language in section 227(e)(1) of the Truth in Caller ID Act of 2009 (TCIA), 47 U.S.C. 227(e)(1), and legislative history, and in spite of the presumption against preemption that attached to a state's exercise of its police power, there was an inherent federal objective in the TCIA to protect non-harmful spoofing. The ASA's proscription of non-harmful spoofing frustrated this federal objective and was, therefore, conflict preempted. Accordingly, the court affirmed the judgment of the district court.
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