NYC Radio: CCM+E Robo Call Suit Appealed to The Supremes

A consumer pestered by phone calls promoting a radio station has asked the U.S. Supreme Court to revive his proposed class action against Clear Channel Communications Inc. and reverse a finding that such calls are exempted from the Telephone Consumer Protection Act.

Mark Leyse sued Clear Channel in 2009 after receiving a prerecorded phone call from a radio station encouraging him to tune in at a particular time to be able to participate in a contest. An Ohio district court dismissed with prejudice in June 2010 by a federal judge in Cincinnati. “With prejudice” means the suit can’t be re-filed.

But Leyse has now asked the U.S. Supreme Court to accept the case.  The odds the Surpemes will take the case are slim as they’re usually looking at constitutional issues or cases where they need to resolve conflicting lower court rulings.

The recorded phone announcement from WLTW 106.7 FM Lite was for a midday contest where a listener who knew the name of a particular Motown song could win $1,000.