Missouri Attorney General Chris Koster's power to issue a "civil investigative demand," or CID, isn't blocked by federal law, a three-judge appeals court panel in Kansas City ruled Tuesday.
The 11-page decision, written by Presiding Judge Mark D. Pfeiffer, ordered Charter Communications Inc. to answer two CIDs Koster issued last year in an effort to investigate whether a couple of Charter's customers were violating Missouri's telemarketing laws.
The appeals court decision also reversed last December's 13-page ruling by Cole County Circuit Judge Pat Joyce that the CIDs violated provisions of the federal "Electronic Communications Privacy Act," or ECPA.
The three-judge appeals court panel determined the CID qualifies as an "administrative subpoena" under the federal law, while Joyce had upheld Charter's argument that Koster's demand for information was outside the federal law.
"The Court finds that (the state's Merchandising Practices law) contains a limit on the attorney general's ability to collect information, and that the attorney general may not obtain information from (Charter) beyond that obtainable via a civil subpoena," Joyce wrote.
Last June and July, Koster's office sent Charter two different CIDs, seeking detailed information about two customers' accounts - including their names, addresses and local and long-distance telephone connection records.
The appeals court said the CID meets the state and federal law criteria to be an administrative subpoena. "It is the functional equivalent of a civil enforcement agency enforcing the civil consumer protection laws of Missouri," the ruling said.
"While performing this administrative function, similar to administrative agencies, the AG, under the No-Call Law, is permitted to "issue investigative demands, issue subpoenas, administer oaths and conduct hearings.'"