Communications Litigation Today was a Warren News publication.

Parties in Fla. AG's Robocall Suit vs. Smartbiz Ask Court to Appoint Mediator

The parties in Florida’s lawsuit to stop Smartbiz Telecom from transmitting illegal robocalls have been unable to agree on a mediator, and asked the clerk to designate a certified mediator on a “blind rotation basis,” said a filing Tuesday (docket 1:22-cv-23945) in U.S. District Court for Southern Florida in Miami. Patrick Crotty, Florida’s senior assistant attorney general, signed the request. U.S. District Judge Jose Martinez sent the parties to mediation in his signed Jan. 23 order, setting a Nov. 3 deadline for completing the mediation process. Trial in the case is scheduled to begin in the two-week period opening Jan. 2, said the January order. Florida’s Dec. 5 complaint called Smartbiz “one of the most prolific transmitters of illegal robocalls” in the U.S., alleging the VoIP company violated the Telemarketing and Consumer Fraud and Abuse Prevention Act and other statutes, plus the FTC's Telemarketing Sales Rule (see 2212060034).