Sprint Communications Co. v. APCC Services, Inc.

21 Fla. L. Weekly Fed. S 411, 128 S. Ct. 2531, 171 L. Ed. 2d 424, 554 U.S. 269, 2008 U.S. LEXIS 5034, 76 U.S.L.W. 4542, 45 Communications Reg. (P&F) 577
CourtSupreme Court of the United States
DecidedJune 23, 2008
Docket07-552
StatusPublished
Cited by702 cases

This text of 21 Fla. L. Weekly Fed. S 411 (Sprint Communications Co. v. APCC Services, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sprint Communications Co. v. APCC Services, Inc., 21 Fla. L. Weekly Fed. S 411, 128 S. Ct. 2531, 171 L. Ed. 2d 424, 554 U.S. 269, 2008 U.S. LEXIS 5034, 76 U.S.L.W. 4542, 45 Communications Reg. (P&F) 577 (U.S. 2008).

Opinions

Justice Breyer

delivered the opinion of the Court.

The question before us is whether an assignee of a legal claim for money owed has standing to pursue that claim in federal court, even when the assignee has promised to remit the proceeds of the litigation to the assignor. Because history and precedent make clear that such an assignee has long been permitted to bring suit, we conclude that the assignee does have standing.

I

When a payphone customer makes a long-distance call with an access code or 1-800 number issued by a long-distance communications carrier, the customer pays the carrier (which completes that call), but not the payphone operator (which connects that call to the carrier in the first place). In these circumstances, the long-distance carrier is required to compensate the payphone operator for the customer’s call. See 47 U. S. C. § 226; 47 CFR § 64.1300 (2007). The payphone operator can sue the long-distance carrier in court for any compensation that the carrier fails to pay for these “dial-around” calls. And many have done so. See Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., 550 U. S. 45 (2007) (finding that the Communications Act of 1934 authorizes such suits).

Because litigation is expensive, because the evidentiary demands of a single suit are often great, and because the resulting monetary recovery is often small, many payphone operators assign their dial-around claims to billing and collection firms called “aggregators” so that, in effect, these [272]*272aggregators can bring suit on their behalf. See Brief for Respondents 3. Typically, an individual aggregator collects claims from different payphone operators; the aggregator promises to remit to the relevant payphone operator (i. e., the assignor of the claim) any dial-around compensation that is recovered; the aggregator then pursues the claims in court or through settlement negotiations; and the aggregator is paid a fee for this service.

The present litigation involves a group of aggregators who have taken claim assignments from approximately 1,400 payphone operators. Each payphone operator signed an Assignment and Power of Attorney Agreement (Agreement) in which the payphone operator “assigns, transfers and sets over to [the aggregator] for purposes of collection all rights, title and interest of the [payphone operator] in the [payphone operator’s] claims, demands or causes of action for ‘Dial-Around Compensation’ . . . due the [payphone operator] for periods since October 1, 1997.” App. to Pet. for Cert. 114. The Agreement also “appoints” the aggregator as the payphone operator’s “true and lawful attorney-in-fact.” Ibid. The Agreement provides that the aggregator will litigate “in the [payphone operator’s] interest.” Id., at 115. And the Agreement further stipulates that the assignment of the claims “may not be revoked without the written consent of the [aggregator].” Ibid. The aggregator and payphone operator then separately agreed that the aggregator would remit all proceeds to the payphone operator and that the payphone operator would pay the aggregator for its services (typically via a quarterly charge).

After signing the agreements, the aggregators (respondents here) filed lawsuits in federal court seeking dial-around compensation from Sprint, AT&T, and other long-distance carriers (petitioners here). AT&T moved to dismiss the claims, arguing that the aggregators lack standing to sue under Article III of the Constitution. The District Court initially agreed to dismiss, APCC Servs., Inc. v. AT&T Corp., [273]*273254 F. Supp. 2d 135, 140-141 (DC 2003), but changed its mind in light of a “long line of cases and legal treatises that recognize a well-established principle that assignees for collection purposes are entitled to bring suit where [as here] the assignments transfer absolute title to the claims.” APCC Servs., Inc. v. AT&T Corp., 281 F. Supp. 2d 41, 45 (DC 2003). After consolidating similar cases, a divided panel of the Court of Appeals for the District of Columbia Circuit agreed that the aggregators have standing to sue, but held that the relevant statutes do not create a private right of action. APCC Servs., Inc. v. Sprint Communications Co., 418 F. 3d 1238 (2005) (per curiam). This Court granted the aggregators’ petition for certiorari on the latter statutory question, vacated the judgment, and remanded the case for reconsideration in light of Global Crossing, supra. APCC Services, Inc. v. Sprint Communications Co., 550 U. S. 901 (2007). On remand, the Court of Appeals affirmed the orders of the District Court allowing the litigation to go forward. 489 F. 3d 1249, 1250 (2007) (per curiam). The long-distance carriers then asked us to consider the standing question. We granted certiorari, and we now affirm.

II

We begin with the most basic doctrinal principles: Article III, §2, of the Constitution restricts the federal “judicial Power” to the resolution of “Cases” and “Controversies.” That case-or-controversy requirement is satisfied only where a plaintiff has standing. See, e. g., Daimler Chrysler Corp. v. Cuno, 547 U. S. 332 (2006). And in order to have Article III standing, a plaintiff must adequately establish: (1) an injury in fact (i. e., a “concrete and particularized” invasion of a “legally protected interest”); (2) causation (i e., a “ ‘fairly ... trace[able]’” connection between the alleged injury in fact and the alleged conduct of the defendant); and (3) redress-ability (i. e., it is “ ‘likely’ ” and not “merely ‘speculative’ ” that the plaintiff’s injury will be remedied by the relief plain[274]*274tiff seeks in bringing suit). Lujan v. Defenders of Wildlife, 504 U. S. 555, 560-561 (1992) (calling these the “irreducible constitutional minimum” requirements).

In some sense, the aggregators clearly meet these requirements. They base their suit upon a concrete and particularized “injury in fact,” namely, the carriers’ failure to pay dial-around compensation. The carriers “caused” that injury. And the litigation will “redress” that injury — if the suits are successful, the long-distance carriers will pay what they owe. The long-distance carriers argue, however, that the aggregators lack standing because it was the payphone operators (who are not plaintiffs), not the aggregators (who are plaintiffs), who were “injured in fact” and that it is the payphone operators, not the aggregators, whose injuries a legal victory will truly “redress”: The aggregators, after all, will remit all litigation proceeds to the payphone operators. Brief for Petitioners 18. Thus, the question before us is whether, under these circumstances, an assignee has standing to pursue the assignor’s claims for money owed.

We have often said that history and tradition offer a meaningful guide to the types of cases that Article III empowers federal courts to consider. See, e. g., Steel Co. v. Citizens for Better Environment, 523 U. S. 83, 102 (1998) (“We have always taken [the case-or-controversy requirement] to mean cases and controversies of the sort traditionally

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21 Fla. L. Weekly Fed. S 411, 128 S. Ct. 2531, 171 L. Ed. 2d 424, 554 U.S. 269, 2008 U.S. LEXIS 5034, 76 U.S.L.W. 4542, 45 Communications Reg. (P&F) 577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sprint-communications-co-v-apcc-services-inc-scotus-2008.