Is the statute of limitations on telephone related debt 2 years?

I have been told on many occasions that US Code Title 47, 415 limits the statute of limitations on all telecommunications related debts (telephone, cell phone, radio, etc) to two years. In fact, part (a) of this section reads as follows:

(a) Recovery of charges by carrier
All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

Is it really true that this law limits the statute of limitations on this debt to two years. If so, does this make it illegal for a collection agency to attempt to sue for this debt?
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Answers (1)

Justin Graf Castillo

Justin Graf Castillo

Contributor Level 2
It’s not possible to answer your question with the facts you’ve provided; we need more facts and context. But here is some general background information (but don't act without consulting with counsel first).

The 2-year limitations period (the SOL) is by no means a hard and fast limit. Whether it applies to your situation depends on several factors:

First, does section 415 apply to the services at issue? The rules governing limitations periods tor communications services vary by jurisdiction and service type: the SOL for regulated services can be governed either by the FCC or the applicable state public utility authority, while unregulated services may be subject to traditional state contract law.

Second, have the parties agreed in their contract to an altogether different SOL? If so, that will probably govern.

Third, the type of dispute affects the analysis. If the dispute involves “back-billing” (i.e., a delay between the time when a carrier should have promptly billed for service (usually the next billing cycle) and when it actually billed for the service), you should know that the FCC has ruled that Section 415’s two-year limitations period “does not authorize back billing for any particular period” (the FCC unfortunately did not set out a “bright line” test). In other words back-billing within eighteen months of providing the service might be unlawful even if the SOL was two years!

A final note: because the rules about telecom SOLs are complex, carriers will often use the language from 415 to try to browbeat unwary customers into paying bills that are actually time-barred.
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