Satellite System, Inc. v. Birch Telecom of Oklahoma, Inc.

Summary

The Supreme Court of Oklahoma held that Oklahoma's filed tariff doctrine did not bar Satellite System, Inc.'s common-law fraud claim against Birch Telecom of Oklahoma, Inc. The court also held that Birch's tariff-based limitation of liability could not limit liability for fraudulent conduct because such a limitation violated Oklahoma public policy. The certified interlocutory order was affirmed, and the case was remanded for further proceedings.

Holdings

1. Even assuming Oklahoma has adopted a state filed tariff doctrine, the doctrine does not bar a common-law fraud claim because the Oklahoma Legislature has not clearly and plainly abolished that common-law right.
2. A tariff or contract provision that attempts to limit liability for fraudulent conduct is unreasonable under Oklahoma public policy, lacks the force of law, and is not binding.
3. SSI was entitled to address the tariff's limitation-of-liability provision in its response because Birch raised the issue in its brief in chief; Birch also failed to establish that SSI could prove no set of facts supporting its fraud claim.

Questions Presented

1. Whether Oklahoma's filed tariff doctrine bars a common-law fraud claim against an intrastate telecommunications carrier whose tariff was filed with and approved by the Oklahoma Corporation Commission.
2. Whether Birch's tariff limitation-of-liability provision limits damages for alleged fraudulent conduct to a prorated credit or refund.
3. Whether SSI was entitled to address the tariff's limitation-of-liability provision in its response when Birch raised the issue in its opening brief.

Disposition

affirmed