• Highest Massachusetts Court Dismisses 911 Fee Qui Tam Action
  • August 15, 2018 | Author: Wesley K. Wright
  • Law Firm: Keller and Heckman LLP - Washington Office
  • Over the past few years, Phone Recovery Services, LLC has filed qui tam lawsuits in a number of state courts against prominent telecom companies, alleging the telcos are underreporting the number of landlines served to minimize payment of state E-911 surcharges assessed on a per telephone line basis. Under a qui tam action, the plaintiff is deemed to be acting on behalf of the state to recover monies unlawfully paid to or payments avoided by private firms and individuals. Last week, the Massachusetts Supreme Judicial Court ruled that Phone Recovery Services, LLC lacked standing to sue on behalf of the state because Massachusetts law only allows individuals to bring such a suit. The plaintiff has brought similar actions in other states, largely unsuccessful to date.