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LEYSE v. CLEAR CHANNEL BROADCASTING INC.

No. 10-3739.

697 F.3d 360 (2012)

Mark LEYSE, Plaintiff-Appellant, v. CLEAR CHANNEL BROADCASTING INC.; Clear Channel Communications, Inc.; Critical Mass Media, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 6, 2012.

Attorney(s) appearing for the Case

ARGUED: Stephen R. Felson , Cincinnati, Ohio, for Appellant. Judith A. Archer , Fulbright & Jaworski L.L.P., New York, New York, for Appellees. ON BRIEF: Stephen R. Felson , Cincinnati, Ohio, for Appellant. Judith A. Archer , Fulbright & Jaworski L.L.P., New York, New York, Richard M. Goehler , Frost Brown Todd LLC, Cincinnati, Ohio, for Appellees.

Before: KEITH, GRIFFIN, and STRANCH, Circuit Judges.

OPINION

JANE B. STRANCH, Circuit Judge.

Mark Leyse received a prerecorded telemarketing call from a Clear Channel radio station. He sued Clear Channel for violating the Telephone Consumer Protection Act of 1991 (TCPA), Pub. L. No. 102-243, 105 Stat. 2394 (1991), which prohibits certain prerecorded telemarketing calls. The district court dismissed the action, finding that the Federal Communications Commission (FCC) had issued regulations exempting the type...

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