DocketNumber: 15-04-04
Citation Numbers: 162 Ohio App. 3d 285, 2005 Ohio 3606
Judges: ROGERS, Judge.
Filed Date: 7/18/2005
Status: Precedential
Modified Date: 1/13/2023
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 287 {¶ 1} Defendant-appellant, American Telecommunications Systems, Inc. ("ATS"), appeals from a judgment of the Van Wert Municipal Court, finding that ATS fraudulently executed a change in the long-distance telephone service provider for plaintiff-appellee, Ayers-Sterrett, Inc. ("Ayers-Sterrett"). ATS contends that the trial court lacked jurisdiction to make the finding.
{¶ 2} After reviewing the entire record, we find that Ayers-Sterrett's claims against ATS are manifestly service-related and that the trial court did not have jurisdiction over them. Accordingly, the judgment of the trial court is reversed, and the cause is remanded with instructions for the lower court to vacate its judgment entry and dismiss the action.
{¶ 3} Ayers-Sterrett is a plumbing and heating contractor located in Van Wert, Ohio. ATS is an Ohio corporation engaged in the business of providing long-distance telephone service. In April 2001, Ayers-Sterrett's administrative manager, Sandra Matthews, received a call from a telemarketer, inquiring whether Ayers-Sterrett wanted to switch long-distance-service providers. The telemarketer made the call on behalf of ATS.
{¶ 4} Following the call from the telemarketer, Ayers-Sterrett's long-distance-service provider was switched from Quantumlink Communications ("Quantumlink") to ATS. Ayers-Sterrett maintains that this switch was made without its knowledge and through the fraudulent actions of ATS. In contrast, ATS claims that Matthews authorized the switch and that ATS followed the proper rules and regulations necessary to make the switch.
{¶ 5} Eventually, Ayers-Sterrett brought suit against ATS in the Van Wert municipal court, claiming that ATS had tortiously interfered with the long-distance-service contract between Ayers-Sterrett and Quantumlink. Ayers-Sterrett also contended that ATS had made the switch in long-distance-service providers through fraudulent actions and false representations. *Page 288
{¶ 6} The issue went to trial, and ATS moved to dismiss the case based upon the contention that the trial court did not have subject-matter jurisdiction. ATS argued that Ayers-Sterrett's claims were service-related and that the Public Utilities Commission of Ohio ("PUCO") had exclusive jurisdiction over service-related claims. The trial court rejected ATS's jurisdictional argument and found that ATS had received an unjust benefit due to misrepresentations it made to Ayers-Sterrett. Accordingly, the trial court found in favor of Ayers-Sterrett in the amount of $2,332.60. From this judgment ATS appeals, presenting the following assignments of error for our review.
The trial court erred in not granting Appellant's motion to dismiss on the erroneous grounds that the claims asserted are not subject to the exclusive jurisdiction of PUCO.
The trial court erred in holding in its judgment entry that it had subject matter jurisdiction to hear Appellee's claims rather than defer to the exclusive jurisdiction of PUCO.
The trial court erred in holding that Appellant misrepresented the benefits to be provided to Appellee and that Appellant received an unjust benefit from its misrepresentation, since there is a verbal letter of agency by way of an independent third-party verification company confirming the transfer of Appellee's long distance telephone service to Appellant-ATS, by a person with expressed and/or implied authority.
{¶ 7} Because ATS's first and second assignments of error deal with the jurisdictional issue, we elect to address them together.
{¶ 9} The General Assembly enacted R.C.
{¶ 10} "As the parties acknowledge, however, courts retain limited subject-matter jurisdiction over pure common-law tort and certain contract actions involving utilities regulated by the commission." State ex rel. Illum. Co. v. Cuyahoga Cty. Court ofCommon Pleas,
{¶ 11} Therefore, in order to resolve the issue of whether the trial court had subject-matter jurisdiction over Ayers-Sterrett's claims, this court must analyze the claims and determine whether they are manifestly service-related or whether they involve pure contract or common-law tort allegations.
{¶ 12} Courts have taken a two-step approach to determining whether a cause of action is manifestly service-related and belongs under PUCO's exclusive jurisdiction. Pacific Indemn.,
2003-Ohio-3954, at ¶ 15. The first step is to determine whether PUCO's administrative expertise is required to resolve the dispute. Id. "[T]he determination of issues related to `applicable laws and regulations, industry practices and standards,' `"is best accomplished by the commission with its expert staff technicians familiar with the utility commission provisions."'" Miles Mgt. Corp. v. FirstEnergy Corp., 8th Dist. No. 84197,
{¶ 13} Ayers-Sterrett's complaint involves two allegations. The first allegation is that ATS tortiously interfered with the contract between Ayers-Sterrett and Quantumlink. The second allegation is that ATS fraudulently induced Quantumlink to transfer Ayers-Sterrett's long-distance service to ATS. Essentially, both claims involve the allegedly fraudulent transfer of Ayers-Sterrett's long-distance telephone service from Quantumlink to ATS.
{¶ 14} Ohio Adm. Code
No public utility shall request or submit, or cause to be requested or submitted, a change in the provider of natural gas service or public telecommunications service to a consumer in this state, without first obtaining, or causing to be obtained, the verified consent of the consumer in accordance with rules adopted by the public utilities commission pursuant to division (D) of this section.
Similarly, Ohio Adm. Code
{¶ 15} It is clear from the above that the unauthorized switching of a subscriber's telecommunications service has been contemplated and addressed thoroughly in the statutes and regulations pertaining to PUCO. Thus, PUCO's expertise would be required to fully resolve the matter, and the first prong of the test to determine whether the matter is manifestly service-related is satisfied.
{¶ 16} The testimony at trial established that it is a common practice for telecommunications companies to solicit and transfer new long-distance customers over the phone. This is also evident from the fact that a detailed procedure for handling such transfers and disputes has been created in the administrative code. Accordingly, the second prong of the test to determine whether the matter is manifestly service-related is also satisfied.
{¶ 17} Because the nature of Ayers-Sterrett's claims against ATS requires PUCO's expertise and involves a common practice of utilities, the claims are manifestly service-related. Both claims are based on the manner in which ATS began providing service to Ayers-Sterrett. Therefore, PUCO has exclusive *Page 291 jurisdiction over these claims, and the trial court lacked the authority to rule on them. ATS's first and second assignments of error are sustained.
{¶ 19} Having found error prejudicial to the appellant herein in the particulars assigned and argued, we reverse the judgment of the trial court and remand with instructions for the lower court to vacate its judgment entry and dismiss the action.
Judgment reversed and cause remanded.
CUPP, P.J., and BRYANT, J., concur.