Heinrichs v. Wells Fargo Bank N.A.

Filing 57

REQUEST TO THE OFFICE OF GENERAL COUNSEL OF THE FEDERAL COMMUNICATIONS COMMISSION. Signed by Judge Alsup on 9/3/2014. (whalc2, COURT STAFF) (Filed on 9/3/2014).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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MARK HEINRICHS, individually and on
behalf of all others similarly situated,
Plaintiff,

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No. C 13-05434 WHA

v.

REQUEST TO THE OFFICE OF
GENERAL COUNSEL OF THE
FEDERAL COMMUNICATIONS
COMMISSION

WELLS FARGO BANK NA,
Defendant.
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In this action, the undersigned judge has been informed that there are two potentially

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dispositive petitions — one seeking declaratory ruling and the other formal rulemaking — to the

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Federal Communications Commission. Both petitions have to do with Section 227(b)(1)(A) of

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Title 47 of the United States Code, and specifically, the meaning of “called party” therein

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(emphasis added):

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Restrictions on use of automated telephone equipment.

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(1) Prohibitions

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It shall be unlawful for any person within the United
States, or any person outside the United States if the
recipient is within the United States —

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(A) to make any call (other than a call made for
emergency purposes or made with the prior
express consent of the called party) using any
automatic telephone dialing system or an artificial
or prerecorded voice . . . .

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Defendant Wells Fargo Bank N.A. has represented in this action that the deadline for

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public comment on the aforementioned petitions has passed. Based on that representation, the

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Court stayed this action several months ago, with the parties to submit a joint statement by

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October 15, 2014.

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The Court is now sending this inquiry directly to the Office of General Counsel of the

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FCC as to ask whether it anticipates issuing a decision on either of the aforementioned petitions

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by middle of October 2014. If not, the Office of General Counsel is requested to please state the

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timetable for a decision. Please respond by SEPTEMBER 26, 2014.

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For the Northern District of California

United States District Court

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Dated: September 3, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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