Eighth Circuit

Litigation Heats Up Over FCC’s Inmate Call Rate Caps

Fourteen states and the largest prison telecom provider have escalated their legal fight against the FCC.

Jericho Casper

Oct 3, 2024 — 2 min read

Photo of incarcerated women making phone calls, from Washington State Standard.

WASHINGTON, Oct. 3, 2024 – The legal battle over the Federal Communications Commission's new rate caps to lower the cost of inmate communications services has escalated, with multiple challenges now unfolding in different courts.

Adding to the complexity, a coalition of 14 states, led by Indiana, filed a petition for review in the U.S. Court of Appeals for the Eighth Circuit on Monday. The states argued that the FCC's order was arbitrary, capricious, and an abuse of discretion, claiming that the agency exceeded its statutory authority and failed to provide adequate evidence to support its decision. The states are seeking to vacate key portions of the FCC's order, adding another layer to ongoing litigation.

The coalition of states, including Virginia and Arkansas, filed their case after the 10-day court lottery deadline. As a result, their petition is expected to go directly to the First Circuit, where it will be consolidated with about 10 other cases, including Securus Technologies’ challenge to the FCC’s order.

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Eighth Circuit Fifth Circuit Digital Inclusion FCC ICPS Indiana Virginia Arkansas Securus Cheryl Leanza Andrew Schwartzman Stefen Short Worth Rises Inc. Pennsylvania Prison Society United Church of Christ Media Justice Ministry Martha Wright-Reed Just and Reasonable Communications Act