Core Told It Bears Burden of Showing Access Services to AT&T Were Lawful Calls
Core Communications started the legal fight to recover $11.4 million in unpaid charges for access services it provided to AT&T, so Core “must show that it provided those services as set forth in the governing tariffs,” said a memorandum signed…
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Thursday by U.S. District Judge Joshua Wolson for Eastern Pennsylvania in Philadelphia. That means Core “bears the burden of demonstrating that its transmission of the toll-free robocalls at issue in this case” constitutes switched access service, as defined in its tariffs, it said. The two sides have engaged in finger-pointing for months over which bears the burden of showing that the calls at issue were legitimate and not improper robocalls (see 2212280001). AT&T refused to pay Core for the access services, claiming nearly 100% of the calls that CoreTel affiliates in Delaware, New Jersey, Virginia and West Virginia connected were fraudulent. But Core says AT&T’s claims of fraud “are at most an affirmative defense for which AT&T bears the burden of proof in this litigation.” The language in the memorandum suggested Wolson’s patience was beginning to wear thin from the bickering between the two sides. “This case involves a large amount of data over a significant period of time,” and it seems neither party “wants to bear the burden of having to grapple with all of it,” said the memorandum. Though AT&T “repeats the refrain” that these calls are illegitimate, fraudulent or otherwise improper, “it need not prove the calls’ illegitimacy to argue that Core cannot satisfy each element of its breach of tariff claims,” said the judge. But to the extent that AT&T “also intends to defend itself by pointing to Core’s alleged failures to police 8YY traffic” in violation of various FCC orders and regulations, then AT&T “must bear the burden of establishing that affirmative defense,” said the memorandum.