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(“Phone Administrative Services”) acting or purporting to act on behalf of applicable jurisdictions, or the applicable county or city itself, have filed multiple lawsuits against us and/or one of our subsidiaries alleging that we failed to bill, collect and remit certain taxes and surcharges associated with the provision of 911 services.
−Removed: We face similar lawsuits brought directly by various state and local governments alleging underpayment of 911 taxes and surcharges, although we understand that Phone Recovery Services and Phone Administrative Services may be working in conjunction with each state or local government as a consultant on a contingency basis.
The following county or municipal governments have named us in lawsuits associated with the collection and remittance of 911 taxes and surcharges that remain unresolved:
+Added: the City and County of San Francisco, California (the “California Case”);
Cook County and Kane County Illinois;
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The complaints allege that we failed to bill, collect and remit certain taxes and surcharges associated with 911 service pursuant to applicable laws.
+Added: The California Case was originally filed under seal in January 2020 and was served on Bandwidth in February 2021.
The Illinois Case was dismissed by the trial court in December 2016, but returned to the trial court following an appeal.
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Our response to the complaint in the Rhode Island Case has been on hold since 2015, pending the filing of an amended complaint.
−Removed: The Pennsylvania Case is stayed pending the outcome of a related proceeding before the Federal Communications Commission (“FCC”).
+Added: The Pennsylvania Case is stayed pending the outcome of a related proceeding before the Federal Communications Commission (“FCC”) that is currently the subject of an appeal.
+Added: On November 30, 2020, we were named as a defendant in a Second Amended Class Action Complaint in a putative class action captioned Diana Mey v.
+Added: All Access Telecom, Inc., et al.
+Added: pending in the United States District
+Added: Court, Northern District of West Virginia relating to the alleged failure to block unsolicited phone calls to the plaintiff and putative class members.
+Added: We filed a motion to dismiss the action on February 3, 2021.
We intend to vigorously defend these lawsuits and believe we have meritorious defenses to each.
However, litigation is inherently uncertain, and any judgment or injunctive relief entered against us or any adverse settlement could negatively affect our business, results of operations and financial condition.
−Removed: In August 2016, we received a Civil Investigative Demand from the Consumer Protection Division of the North Carolina Department of Justice.
−Removed: We have not been served with a complaint in connection with that investigation.
−Removed: The North Carolina Department of Justice is investigating the billing, collection and remission of certain taxes and surcharges associated with 911 service pursuant to applicable laws of the State of North Carolina.
In addition to the litigation discussed above, from time to time, we may be subject to legal actions and claims in the ordinary course of business.
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.