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Aronson v. Sprint Spectrum

Sprint's wireless services provider, Sprint Spectrum, is not regulated by the Commonwealth and thus the Federal Communications Commission -- not the state court -- is the proper forum for plaintiff's grievance of invasion of privacy.

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� 1 Appellants, Mark B. Aronson and Joseph G. Kanfoush, ask us to determine whether the trial court properly dismissed their single count equity complaint for lack of subject matter jurisdiction. We hold that Sprint’s wireless services provider, Sprint Spectrum, is not regulated by the Commonwealth and that the Federal Communications Commission (“FCC”) is the proper forum to address Appellants’ claim. We further hold that Appellant has not made out a prima facie claim for invasion of privacy. Accordingly, we affirm.

� 2 The relevant facts and procedural history of this appeal were set out in part by the federal court as follows:

On or about September 23, 1999, [Appellants] commenced this action in the Court of Common Pleas of Allegheny County, Pennsylvania, alleging invasion of privacy. [Appellants] claimed that [Appellees'] account system improperly allowed any person access to personal, confidential information. Specifically, [Appellants] asserted that Sprint customers who accessed their account information via the internet or the Sprint toll-free customer service number (when answered by a live person) were required to provide a predesignated secret account password (“PIN”). However, those persons accessing the toll-free number and using automated customer service, or any person with a wireless telephone that works on the Sprint network who dials “2 TALK,” “2 SEND,” “2 OK,” or “2 CALL,” could access the account information by imputing the five digit post office zip code of the address where Sprint mails the monthly statement for that Sprint telephone number. [Appellants] asserted that a third party could gain access to any Sprint customer’s account if the third party knew the telephone number and billing address zip code for that customer, without using a PIN. Notwithstanding this practice, [Appellants] did not allege that any third party had gained access to their private accounts.

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