Republican state AGs challenge US FCC cap on inmate phone charges
Adds FCC reaction, comment from AG
FCC says rule would save families $386 million annually
States argue rule deprives facilities of needed funding
By David Shepardson
Oct 2 (Reuters) -Republican attorneys general from 14 U.S. states, led by Arkansas and Indiana, have filed suit to challenge the Federal Communications Commission's decision to impose a cap on the amount prisons and jails can charge inmates for telephone use.
The states in the lawsuit, filed on Monday with the St. Louis-based 8th U.S. Circuit Court of Appeals, argued that the FCC rule improperly caps how much money these facilities can charge inmates for phone calls. The states also said the rule deprives the facilities of needed funding.
The FCC has said its rule, announced in July and due to take effect in November, would cut bills for about 2 million incarcerated people and their families, saving them about $386 million annually.
FCC Chair Jessica Rosenworcel in July said the rule addresses "the unconscionable rates families of the incarcerated pay for communications." Regular contact with family members, Rosenworcel added, can reduce the chances that inmates return to crime after their released.
Other states joining the lawsuit included Alabama, Florida, Georgia, Idaho, Iowa, Missouri, Ohio, South Carolina, South Dakota, Tennessee, Utah and Virginia. The states told the 8th Circuit that the FCC rule "is arbitrary, capricious and an abuse of discretion."
Iowa Attorney General Brenna Bird said the FCC's restrictions, by reducing fund going to the facilities, "make it harder to identify safety risks and for law enforcement to do their jobs."
In response to the lawsuit, an agency spokesperson said on Wednesday that "the moral and legal authority to stop these predatory rates that harm families and increase recidivism is on the side of the FCC's bipartisan action."
Under the final rules, the cost of a 15-minute phone call would drop to 90 cents from as much as $11.35 in large jails, while in small jails, it would cost $1.35 instead of $12.10.
Inmates cannot receive voice calls but families can schedule video calls through some providers. Video call costs including for visitations would be capped under the rule for the first time, at 11 to 25 cents a minute, less than a quarter of current prices, and fees are barred.
Congress passed a law in 2023 to give the FCC broad authority to cut inmate calls costs after previous caps set by the agency were reversed by another court in 2017.
Reporting by David Shepardson in Washington; Editing by Will Dunham
Latest News
Disclaimer: The XM Group entities provide execution-only service and access to our Online Trading Facility, permitting a person to view and/or use the content available on or via the website, is not intended to change or expand on this, nor does it change or expand on this. Such access and use are always subject to: (i) Terms and Conditions; (ii) Risk Warnings; and (iii) Full Disclaimer. Such content is therefore provided as no more than general information. Particularly, please be aware that the contents of our Online Trading Facility are neither a solicitation, nor an offer to enter any transactions on the financial markets. Trading on any financial market involves a significant level of risk to your capital.
All material published on our Online Trading Facility is intended for educational/informational purposes only, and does not contain – nor should it be considered as containing – financial, investment tax or trading advice and recommendations; or a record of our trading prices; or an offer of, or solicitation for, a transaction in any financial instruments; or unsolicited financial promotions to you.
Any third-party content, as well as content prepared by XM, such as: opinions, news, research, analyses, prices and other information or links to third-party sites contained on this website are provided on an “as-is” basis, as general market commentary, and do not constitute investment advice. To the extent that any content is construed as investment research, you must note and accept that the content was not intended to and has not been prepared in accordance with legal requirements designed to promote the independence of investment research and as such, it would be considered as marketing communication under the relevant laws and regulations. Please ensure that you have read and understood our Notification on Non-Independent Investment. Research and Risk Warning concerning the foregoing information, which can be accessed here.
