Litigant Appeals Loss Of Suit Over Clear Channel Telemarketing To Supreme Court
April 28, 2014 at 3:56 AM (PT)
MARK LEYSE, the litigant who has sued various parties over use of unsolicited automated telemarketing calls or distribution of unwanted ad flyers, is appealing to the SUPREME COURT his loss of a case against CLEAR CHANNEL and its CRITICAL MASS MEDIA division complaining about automated telemarketing calls.
LAW360 reports that LEYSE has filed a petition for writ of certiorari seeking the high court's review of the Sixth Circuit's affirmation of an OHIO District Court ruling that the calls in question fell under an exemption to the TELEPHONE CONSUMER PROTECTION ACT.
LEYSE filed a class-action complaint against CLEAR CHANNEL over automated telemarketing calls by AC WLTW (LITE FM)/NEW YORK in JUNE 2005; the case was dismissed by the U.S. District Court for the Southern District of NEW YORK in 2006 because the court ruled the FCC had exempted the kind of call CLEAR CHANNEL made from the prohibitions against pre-recorded calls.
An appeal to the Second Circuit was denied without prejudice, and LEYSE sued again with materially the same claim in Southern District Court in HAMILTON COUNTY, OHIO in APRIL 2009; the case was dismissed in JUNE 2010 for failure to state a claim, and LEYSE appealed to the Sixth Circuit U.S. Court of Appeals, losing the appeal in a ruling that was later amended.