The Sturm Und Drang of 12(b)(6) Motions

Author: Jeremy Gilman (former Partner at Benesch Law)

No one likes to be slammed.  Slamming, according to the FCC, “is the illegal practice of switching a consumer’s traditional wireline telephone company for local, local toll, or long distance service without permission.”  Kimber Baldwin Designs, LLC claimed that it was slammed by Silv Communications, Inc. and sued it in the Southern District of Ohio, asserting claims under the Federal Telecommunications Act, Ohio’s Telecommunications Fraud statute, and for common law fraud and unjust enrichment. Continue reading “The Sturm Und Drang of 12(b)(6) Motions”