Appeals court backs Koster, overturns ruling on civil investigation

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.'"