CTIA - The Wireless Assoc. v. P.R. Telecomms. Regulatory Bd., No. 12-2427 (1st Cir. 2014)Annotate this Case
In 2011, in order to combat the use of anonymous prepaid cell phone for criminal purposes, the Puerto Rico Governor signed into law the Registry Act, which requires telephone companies and other sellers of prepaid phones to provide information about the purchasers of the phones to the government of Puerto Rico, which then compiles a registry with the names, numbers, and addresses of the purchasers. Plaintiff, a non-profit corporation that represents the interests of the wireless communications industry, sought declaratory and injunctive relief, arguing that the Registry Act was preempted by the federal Stored Communications Act (SCA) because the SCA prohibits Plaintiff’s members from turning over to the government without a subpoena the information required by the Registry Act. The district court granted Plaintiff’s motion for a permanent injunction. The First Circuit Court of Appeals affirmed, holding that the Registry Act is preempted by the SCA, and its enforcement should be enjoined.