182640P.pdf   04/15/2020  Kaylan Stuart  v.  Global Tel*Link Corporation
   U.S. Court of Appeals Case No:  18-2640
                          and No:  18-2763
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Colloton, Author, with Wollman and Benton, Circuit Judges] 
   Civil case - Class Actions. In this case a prisoner brought an action 
   against Global, a company providing telephone services to correctional 
   facilities, alleging a claim the company's rates and fees were unjust and 
   unreasonable under the Federal Communications Act, as well as a claim for 
   unjust enrichment under state laws; the district court certified a 
   nationwide class for the FCA claims and four subclasses for the unjust 
   enrichment claims; however, in light of Glob. Tel*Link v. FCC, 866 F.3d 
   397 (D.C. Cir. 2017), the district court decertified the class, denied 
   plaintiff's request to refer two questions to the FCC and granted Global 
   summary judgment. Held: when the court certified the class two common 
   questions united it - whether Global set call rates for the purpose of 
   recovering site commissions through call rates and whether the recovery of 
   site calls commissions through call rates was unjust and unreasonable as 
   defined by the FCC; after the D.C. Circuit's decision, the theory of class 
   certification became untenable, and the district court did not err in 
   decertifying the class on the ground that common questions no longer 
   predominated; the district court did not err in dismissing plaintiffs' 
   individual claims that the rates were unjust and unreasonable because 
   there is no order or regulation of the FCC declaring Global's rates 
   unreasonable; plaintiffs' common law unjust enrichment claims were 
   properly dismissed because, in each jurisdiction involved here, the 
   general rule is that a common law claim of unjust enrichment is not 
   available where a valid contract governs the same matter; the district 
   court did not err in decertifying the class action without seeking a 
   determination by the FCC on a methodology for segregating ancillary fees.