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EVERCOM SYSTEMS, INC. v. IOWA UTILITIES BD.

No. 09-0427.

805 N.W.2d 758 (2011)

EVERCOM SYSTEMS, INC., Appellee, v. IOWA UTILITIES BOARD, Appellant, and Office of Consumer Advocate, Intervenor-Appellant.

Supreme Court of Iowa.

October 14, 2011.

Attorney(s) appearing for the Case

David J. Lynch and Mary Whitman , Des Moines, for appellant board.

Mark R. Schuling and Craig F. Graziano , Des Moines, for appellant consumer advocate.

Bret A. Dublinske of Gonzalez, Saggio, & Harlan LLP, West Des Moines, for appellee.

ZAGER, Justice.

Evercom Systems, Inc., seeks further review of the court of appeals decision reinstating a civil penalty the Iowa Utilities Board (Board) imposed for a "cramming" violation based on improper billing for collect telephone calls. The issue in this case concerns the proper construction of Iowa Code section 476.103 (2005) and Iowa Administrative Code rule 199-22.23 and what actions constitute telecommunications cramming under these provisions. The Board...

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