Any rate approved by a governing regulatory agency is per se reasonable and unassailable in judicial proceedings brought by ratepayers.
Plaintiffs, acting as ratepayers, filed class action suits under the Racketeer Influenced and Corrupt Organizations Act alleging that a utility company used misleading financial information to secure inflated rates. The plaintiffs argued that a fraud exception to the filed rate doctrine should allow judicial review of these rates. The court holds that the filed rate doctrine applies to such claims, as any rate approved by a governing regulatory agency is per se reasonable and unassailable in judicial proceedings brought by ratepayers. The court concludes that creating a fraud exception would undermine regulatory authority, ignore institutional competence, and lead to rate discrimination.
At page 18 Application of the filed rate doctrine to judicial review104 citing cases“simply stated, the doctrine holds that any 'filed rate' - that is, one approved by the governing regulatory agency - is per se reasonable and unassailable in judicial proceedings brought by ratepayers.”
- Lewis v. M&T Bank, No. 21-933-cv, 2022 WL 775758 (2d Cir. Mar. 15, 2022).unpublished See Rothstein, 794 F.3d at 261 (“The [filed 6 rate] doctrine reaches both federal and state causes of action and protects rates approved by federal 7 or state regulators.”); see also Simon v. KeySpan Corp., 694 F.3d 196 , 204–05 (2d Cir. 2…
- Colon De Mejias v. Lamont, 963 F.3d 196 (2d Cir. 2020).published(Simply stated, the doctrine holds that any ‘filed rate’—that is, one approved by the governing regulatory agency—is per se reasonable and unassailable in judicial proceedings brought by ratepayers.)
- Rothstein v. Balboa Ins. Co., 794 F.3d 256 (2d Cir. 2015).published Gas Co. v. Hall, 453 U.S. 571, 578-79 , 101 S.Ct. 2925 , 69 L.Ed.2d 856 (1981) (“[T]he award of a retroactive rate [adjustment] based on speculation about what the [regulator] might have done had it been faced with the facts of this case .…
- Longest v. Green Tree Servicing LLC, 74 F. Supp. 3d 1289 (C.D. Cal. 2015).published(Gustafson II)
- Gerald Carlin v. Dairyamerica, Inc., No. 10-16448 (9th Cir. Jan. 11, 2013).published(Simply stated, the doctrine holds that any ‘filed rate’ – that is, one approved by the governing regulatory agency – is per se reasonable and unassailable in judicial proceedings brought by ratepayers.)
- Carlin v. DairyAmerica, Inc., 705 F.3d 856 (9th Cir. 2012).published(Simply stated, the doctrine holds that any ‘filed rate’—that is, one approved by the governing regulatory agency—is per se reasonable and unassailable in judicial proceedings brought by ratepayers.)
- Gerald Carlin v. Dairyamerica, Inc., 688 F.3d 1117 (9th Cir. 2012).published(Simply stated, the doctrine holds that any ‘filed rate’ — that is, one approved by the governing regulatory agency — is per se reasonable and unassailable in judicial proceedings brought by ratepayers.)
- In Re New Jersey Title Ins. Litig., 683 F.3d 451 (3d Cir. 2012).published Co., 341 U.S. at 251 , 71 S.Ct. 692 (finding that it is not “open to the courts to determine what the reasonable rates during the past should have been”); Sun City Taxpayers’ Assoc., 45 F.3d at 62 (“[C]ourts lack the competence to set util…
- In Re Title Ins. Antitrust Cases, 702 F. Supp. 2d 840 (N.D. Ohio 2010).published (is per se reasonable and unassailable in judicial proceedings brought by ratepayers.)
- Crumley v. Time Warner Cable, Inc., 554 F. Supp. 2d 933 (D. Minn. 2008).published See Wegoland, 27 F.3d at 21 (“Apart from participating in the political process and filing complaints with the regulatory agencies, individual ratepayers simply have no role in attacking the reasonableness of filed rates.”); Taffet v. S. C…
Show 86 more citing cases
- Texas Com. Energy v. TXU Energy, Inc., 413 F.3d 503 (5th Cir. 2005).published In Square D Co., the Supreme Court rejected this position by explicitly stating that the application of the filed rate doctrine “is far different from the creation of an antitrust immunity.” 476 U.S. at 422 , 106 S.Ct. 1922 ; see also Wego…
- Guglielmo v. WorldCom, Inc., 808 A.2d 65 (N.H. 2002).published(any filed rate — that is, one approved by the governing regulatory agency — is ... unassailable in judicial proceedings brought by ratepayers)
- Sun City Taxpayers' Ass'n v. Citizens Utils. Co., 45 F.3d 58 (2d Cir. 1995).published See id. at 22 (“the class action nature of the proceeding in no way affects the important concerns of agency authority, justiciability, and institutional competence”).
- Dolan v. Fid. Nat'l Title Ins., 365 F. App'x 271 (2d Cir. 2010).unpublished Filed Rate Doctrine The filed rate doctrine “holds that any ‘filed rate’ — that is, one approved by the governing regulatory agency — is per se reasonable and unassailable in judicial proceedings brought by ratepayers.” Wegoland Ltd. v. NY…
- Allen v. State Farm Fire & Cas. Co., 59 F. Supp. 2d 1217 (S.D. Ala. 1999).published (The filed rate doctrine bars suits against regulated utilities grounded on the allegation that the rates charged by the utility are unreasonable.)
- Shannon v. Allstate Corp., No. 24-50836 (5th Cir. Mar. 10, 2026).unpublishedEnergy v. TXU Energy, Inc., 413 F.3d 503 , 507 (5th Cir. 2005) (citing Square D Co. v. Niagara Frontier Tariff Bureau, Inc., 476 U.S. 409 (1986)). “[T]he doctrine holds that any ‘filed rate’—that is, one approved by the governing regulator…
- Skolarus, No. 1:24-cv-04375 (S.D.N.Y. Sept. 30, 2025). Co., 794 F.3d 256, 261 (2d Cir. 2015) (quoting Wegoland Ltd. v. NYNEX Corp., 27 F.3d 17, 18 (2d Cir. 1994)) (internal quotation marks omitted).
- Grossman v. GEICO Cas. Co., No. 21-2789, 2022 WL 1656593 (2d Cir. May 25, 2022).unpublished“bars suits against regulated utilities grounded on the allegation that the rates charged by the utility are unreasonable”
- Lewis v. M&T Bank Corp., No. 3:20-cv-00552 (D. Conn. Mar. 19, 2021).“Under the filed rate doctrine, any filed rate—that is, one approved by the governing regulatory agency—is per se reasonable and unassailable in judicial proceedings brought by ratepayers.” Id. at 261 (quoting Wegoland Ltd. v. NYNEX Corp.,…
- Elizabeth Alexander v. Global Tel Link Corp, No. 19-60287 (5th Cir. June 5, 2020).unpublished“Simply stated, the doctrine holds that any ‘filed rate’—that is, one approved by the governing regulatory agency—is per se reasonable and unassailable in judicial proceedings brought by ratepayers.” Id. at 508 (quoting 6 Wegoland, Ltd. v.…
- Zurich Am. Ins. Co. v. S. Connecticut Gas Co., 442 F. Supp. 3d 510 (D. Conn. 2020).published Discussion The Filed Rate Doctrine The filed rate doctrine, also known as the filed tariff doctrine, “holds that any ‘filed rate’— that is, one approved by the governing regulatory agency—is per se reasonable and unassailable in judicial p…
- Sterling v. Securus Tech., Inc., No. 3:18-cv-01310 (D. Conn. July 26, 2019).Filed Rate Doctrine The filed rate doctrine “holds that any ‘filed rate’—that is, one approved by the governing regulatory agency—is per se reasonable and unassailable in judicial proceedings brought by ratepayers.” Simon v. KeySpan Corp.,…
- Krukas v. Aarp, No. 2018-1124 (D.D.C. Mar. 17, 2019).published See Defs.’ Mem. at 23-28 (citing Medco Energi, 729 F.3d 394 ; Hill v. BellSouth Telecomms., Inc., 364 F.3d 1308, 1315 (11th Cir. 2004); Marcus, 138 F.3d 46 ; Wegoland Ltd. v. NYNEX Corp., 27 F.3d 17, 18 (2d Cir. 1994)); Defs.’ Reply Supp.…
- Bhasker v. Kemper Cas. Ins. Co., 284 F. Supp. 3d 1191 (D.N.M. 2018).published(alleging that a utility company misled the rating agency)
- In re Blue Cross Blue Shield Antitrust Litig., 238 F. Supp. 3d 1313 (N.D. Ala. 2017).published “Simply stated, the doctrine holds that any ‘filed rate’—that is, one approved by the governing regulatory agency—is per se reasonable and unassailable in judicial proceedings”
- Rodriguez v. Massachusetts Bay Transp. Auth., 33 Mass. L. Rptr. 418 (Mass. Super. Ct. 2016).published“”
- Lyons v. Litton Loan Servicing LP, 158 F. Supp. 3d 211 (S.D.N.Y. 2016).published “bars suits against regulated utilities grounded on the allegation that the rates charged by the utility are unreasonable”
- Cole's Wexford Hotel, Inc. v. UPMC, 127 F. Supp. 3d 387 (W.D. Pa. 2015).publishedCo., 260 U.S. 156, 163 , 43 S.Ct. 47 , 67 L.Ed. 183 (1922); Wegoland Ltd. v. NYNEX Corp., 27 F.3d 17, 18 (2d Cir.1994))).
- Longest v. Green Tree Servicing LLC, 308 F.R.D. 310 (C.D. Cal. 2015).published([A]ny ‘filed rate’ — that is, one approved by the governing regulatory agency — is per se reasonable and unassailable in judicial proceedings brought by ratepayers.)
- Roussin v. AARP, AARP Ins., 379 F. App'x 30 (2d Cir. 2010).unpublished
- Coll v. First Am. Title Ins., 642 F.3d 876 (10th Cir. 2011).published
- Simon v. Keyspan Corp., 694 F.3d 196 (2d Cir. 2012).published
- Am. Bankers' Ins. Co. of Florida v. Linda M. Wells, No. 1999-CA-00523-SCT (Miss. Feb. 10, 1999).published
- Am. Bankers Ins. Co. of Florida v. Belinda Alexander, No. 97-IA-01271-SCT (Miss. Dec. 10, 1997).published
- John H. Ware v. Entergy Mississippi, Inc., No. 2002-IA-00858-SCT (Miss. May 20, 2002).published
- Ware v. Entergy Mississippi, Inc., 887 So. 2d 763 (Miss. 2003).published
- Tenore v. AT&T Wireless Servs., 962 P.2d 104 (Wash. 1998).published
- Alston v. Countrywide Fin. Corp., 585 F.3d 753 (3d Cir. 2009).published
- Fax Telecommunicaciones v. AT & T, 952 F. Supp. 946 (E.D.N.Y. 1996).published
- Roussin v. AARP, INC., 664 F. Supp. 2d 412 (S.D.N.Y. 2009).published
- Dee-K Enter., Inc. v. Heveafil Sdn. Bhd., 982 F. Supp. 1138 (E.D. Va. 1997).published
- Enron Power Mktg., Inc. v. Pub. Util. Dist. No. (In Re Enron Corp.), 364 B.R. 489 (Bankr. S.D.N.Y. 2007).published
- Am. Bankers Ins. Co. of Florida v. Alexander, 818 So. 2d 1073 (Miss. 2001).published
- Centerpoint Energy Entex v. R.R. Comm'n, 208 S.W.3d 608 (Tex. App.—Austin 2006).published
- Commonwealth Ex Rel. Chandler v. Anthem Ins. Companies, 8 S.W.3d 48 (Ky. Ct. App. 1999).published
- Kutner v. Sprint Commc'ns Co. LP, 971 F. Supp. 302 (W.D. Tenn. 1997).published
- Am. Bankers'ins. Co. of Fl. v. Wells, 819 So. 2d 1196 (Miss. 2001).published
- Big Rivers Elec. Corp. v. Thorpe, 921 F. Supp. 460 (W.D. Ky. 1996).published
- Sw. Elec. Power Co. v. Grant, 73 S.W.3d 211 (Tex. 2002).published
- Simon v. Keyspan Corp., 785 F. Supp. 2d 120 (S.D.N.Y. 2011).published
- Schermer v. State Farm Fire & Cas. Co., 702 N.W.2d 898 (Minn. Ct. App. 2005).published
- Schilke v. Wachovia Mortg., PSB, 705 F. Supp. 2d 932 (N.D. Ill. 2010).published
- Miranda v. Michigan, 168 F. Supp. 2d 685 (E.D. Mich. 2001).published
- Town of Norwood v. New England Power Co., 23 F. Supp. 2d 109 (D. Mass. 1998).published
- Bar Tech., Inc. v. Conemaugh & Black Lick RR Co., 73 F. Supp. 2d 512 (W.D. Pa. 1999).published
- Kirksey v. Am. Bankers Ins. Co. of Florida, 114 F. Supp. 2d 526 (S.D. Miss. 2000).published
- Korte v. Allstate Ins., 48 F. Supp. 2d 647 (E.D. Tex. 1999).published
- Zangara v. Travelers Indem. Co. of Am., 423 F. Supp. 2d 762 (N.D. Ohio 2006).published
- Telco Commc'ns Grp., Inc. v. Race Rock of Orlando, L.L.C., 57 F. Supp. 2d 340 (E.D. Va. 1999).published
- Iberia Credit Bureau, Inc. v. Cingular Wireless, 668 F. Supp. 2d 831 (W.D. La. 2009).published
- Cnty. of Suffolk v. Long Island Power Auth., 154 F. Supp. 2d 380 (E.D.N.Y. 2000).published
- Randleman v. Fid. Nat'l Title Ins., 465 F. Supp. 2d 812 (N.D. Ohio 2006).published
- McLeodusa Telecomm. Servs., Inc. v. Arizona Corp. Comm'n, 655 F. Supp. 2d 1003 (D. Ariz. 2009).published
- In Re Dairy Farmers of Am., Inc. Cheese Antitrust Litig., 767 F. Supp. 2d 880 (N.D. Ill. 2011).published
- Abels v. JPMorgan Chase Bank, N.A., 678 F. Supp. 2d 1273 (S.D. Fla. 2009).published
- Clark v. Prudential Ins. Co. of Am., 736 F. Supp. 2d 902 (D.N.J. 2010).published
- Miranda v. Michigan, 141 F. Supp. 2d 747 (E.D. Mich. 2001).published
- United States v. Keyspan Corp., 763 F. Supp. 2d 633 (S.D.N.Y. 2011).published
- Lipton v. MCI Worldcom, Inc., 135 F. Supp. 2d 182 (D.D.C. 2001).published
- Valdez v. State, 2002-NMSC-028, 54 P.3d 71.published
- Strong v. First Fam. Fin. Servs., Inc., 202 F. Supp. 2d 536 (S.D. Miss. 2002).published
- Katz v. MCI Telecomm. Corp., 14 F. Supp. 2d 271 (E.D.N.Y. 1998).published
- Gipson v. Fleet Mortg. Grp., Inc., 232 F. Supp. 2d 691 (S.D. Miss. 2002).published
- Ice Cream Liquidation, Inc. v. Land O'Lakes, Inc., 253 F. Supp. 2d 262 (D. Conn. 2003).published
- CenterPoint Energy Entex v. R.R. Comm'n of Texas, Victor Carrillo, Elizabeth A. Jones, Michael Williams, City of Tyler & State of Texas, No. 03-04-00731-CV (Tex. App.—Austin Apr. 21, 2006).published
- CenterPoint Energy Entex v. R.R. Comm'n of Texas, Victor Carrillo, Elizabeth A. Jones, Michael Williams, City of Tyler & State of Texas, No. 03-04-00731-CV (Tex. App.—Austin Feb. 24, 2006).published
- McCarthy Fin., Inc. v. Premera, 328 P.3d 940 (Wash. Ct. App. 2014).published
- Beller v. William Penn Life Ins. of New York, 8 A.D.3d 310 (N.Y. App. Div. 2d Dep't 2004).published
- Walton v. New York State Dep't of Corr. Servs., 57 A.D.3d 1180 (N.Y. App. Div. 3d Dep't 2008).published
- W. Park Assocs., Inc. v. Everest Nat'l Ins., 113 A.D.3d 38 (N.Y. App. Div. 2013).published
- Bullard v. State, 307 A.D.2d 676 (N.Y. App. Div. 3d Dep't 2003).published
- Minihane v. Weissman, 164 Misc. 2d 350 (N.Y. Sup. Ct. 1994).published
- Hoover v. HSBC Mortg. Corp., 9 F. Supp. 3d 223 (N.D.N.Y. 2014).published
- Fleisher v. Phoenix Life Ins., 18 F. Supp. 3d 456 (S.D.N.Y. 2014).published
- Ellsworth v. U.S. Bank, N.A., 30 F. Supp. 3d 886 (N.D. Cal. 2014).published
- Royal Mile Co. v. UPMC & Highmark, Inc., 40 F. Supp. 3d 552 (W.D. Pa. 2014).published
- Wilson v. Eyerbank, N.A., 77 F. Supp. 3d 1202 (S.D. Fla. 2015).published
- United States v. Stanley, 881 F. Supp. 2d 563 (S.D.N.Y. 2012).published
- Ellsworth v. U.S. Bank, N.A., 908 F. Supp. 2d 1063 (N.D. Cal. 2012).published
- Gallo v. PHH Mortg. Corp., 916 F. Supp. 2d 537 (D.N.J. 2012).published
- Cannon v. Wells Fargo Bank N.A., 917 F. Supp. 2d 1025 (N.D. Cal. 2013).published
- Blessing v. Sirius XM Radio Inc., 775 F. Supp. 2d 650 (S.D.N.Y. 2011).published
- Black Radio Network, Inc. v. Nynex Corp., 44 F. Supp. 2d 565 (S.D.N.Y. 1999).published
- Qwest Corp. v. Kelly, 59 P.3d 789 (Ariz. Ct. App. 2002).published
- Servedio v. State Farm Ins., 889 F. Supp. 2d 450 (E.D.N.Y. 2012).published
- Miller v. Wells Fargo Bank, N.A., 994 F. Supp. 2d 542 (S.D.N.Y. 2014).published
At page 19 Principles of the filed rate doctrine and judicial review34 citing cases“[T]wo companion principles lie at the core of the filed rate doctrine: first, that legislative bodies design agencies for the specific purpose of setting uniform rates, and second, that courts are not institutionally well suited to engage in retroactive rate setting”
- Rothstein v. Balboa Ins. Co., 794 F.3d 256 (2d Cir. 2015).published Gas Co. v. Hall, 453 U.S. 571, 578-79 , 101 S.Ct. 2925 , 69 L.Ed.2d 856 (1981) (“[T]he award of a retroactive rate [adjustment] based on speculation about what the [regulator] might have done had it been faced with the facts of this case .…
- In Re Title Ins. Antitrust Cases, 702 F. Supp. 2d 840 (N.D. Ohio 2010).published Wegoland, 27 F.3d at 18 (“is per se reasonable and unassailable in judicial proceedings brought by ratepayers.”).
- Crumley v. Time Warner Cable, Inc., 554 F. Supp. 2d 933 (D. Minn. 2008).published See Wegoland, 27 F.3d at 21 (“Apart from participating in the political process and filing complaints with the regulatory agencies, individual ratepayers simply have no role in attacking the reasonableness of filed rates.”); Taffet v. S. C…
- Dolan v. Fid. Nat'l Title Ins., 365 F. App'x 271 (2d Cir. 2010).unpublished Filed Rate Doctrine The filed rate doctrine “holds that any ‘filed rate’ — that is, one approved by the governing regulatory agency — is per se reasonable and unassailable in judicial proceedings brought by ratepayers.” Wegoland Ltd. v. NY…
- Villarroel v. Recology, 97 Cal. App. 5th 762 (Cal. Ct. App. 2023).published (See Gallivan, supra, 124 Cal.App.4th at p. 1382 [doctrine bars all claims that would effectively result in modification of filed tariff through damages award]; Marcus v. AT&T Corp. (2d Cir. 1998) 138 F.3d 46 (Marcus) [barring class action…
- Granite State Ins. Co. v. Star Mine Servs., Inc., 553 F. Supp. 3d 413 (W.D. Ky. 2021).publishedCo., 460 F. App’x 483, 485 (6th Cir. 2011) (quoting Wegoland Ltd. v. NYNEX Corp., 27 F.3d 17, 19 (2d Cir. 1994)).
- Corbin v. The Allstate Corp., 2019 IL App (5th) 170296, 140 N.E.3d 810.publishedArsberry v. Illinois, 244 F.3d 558, 562 (7th Cir. 2001); Wegoland Ltd. v. NYNEX Corp., 27 F.3d 17, 19 (2d Cir. 1994). ¶9 The Illinois Administrative Code requires companies who write specific types of insurance, including private passenger…
- Fowler v. Caliber Home Loans, Inc., 277 F. Supp. 3d 1324 (S.D. Fla. 2016).published “[T]wo companion principles lie at the core of the filed rate doctrine: first, that legislative bodies design agencies for the specific purpose of setting uniform rates, and second, that courts are not institutionally we…”
- Fowler v. Caliber Home Loans, Inc., 196 F. Supp. 3d 1328 (S.D. Fla. 2016).published “[T]wo companion principles lie at the core of the filed rate doctrine: first, that legislative bodies design agencies for the specific purpose of setting uniform rates, and second, that courts are not institutionally we…”
- Roussin v. AARP, INC., 664 F. Supp. 2d 412 (S.D.N.Y. 2009).published
Show 23 more citing cases
- Abels v. JPMorgan Chase Bank, N.A., 678 F. Supp. 2d 1273 (S.D. Fla. 2009).published
- Gipson v. Fleet Mortg. Grp., Inc., 232 F. Supp. 2d 691 (S.D. Miss. 2002).published
- 97 Cal. Daily Op. Serv. 1339, 97 Daily Journal D.A.R. 2016 Cent. Off. Tel., Inc., Plaintiff-Appellee-Cross-Appellant v. Am. Tel. & Tel. Co., Defendant-Appellant-Cross-Appellee, 108 F.3d 981 (9th Cir. 1997).published
- Lawrence Marcus Marc Kasky, on Behalf of Themselves & All Others Similarly Situated v. At&t Corp., Jeffrey A. Moss, on Behalf of Himself & All Others Similarly Situated, Donna Borok Moss v. Am. Tel. & Tel. Co., 138 F.3d 46 (2d Cir. 1998).published
- Fax Telecommunicaciones Inc. v. At&t, Michael Gilmartin & Richard Stotts, 138 F.3d 479 (2d Cir. 1998).published
- Verizon Delaware, Inc. Verizon New England, Inc. Verizon Maryland, Inc. Verizon New Jersey, Inc. Verizon New York, Inc. Verizon Pennsylvania, Inc. Verizon Washington, D.C., Inc. v. Covad Commc'ns Co. Dieca Commc'ns, Inc., Verizon Delaware, Inc. Verizon New England, Inc. Verizon Maryland, Inc. Verizon New Jersey, Inc. Verizon New York, Inc. Verizon Pennsylvania, Inc. Verizon Washington, D.C., Inc. v. Covad Commc'ns Co. Dieca Commc'ns, Inc., 377 F.3d 1081 (9th Cir. 2004).published
- Hardy v. Claircom Commc'ns Grp., Inc., 937 P.2d 1128 (Wash. Ct. App. 1997).published
- MCI Telecomm. Corp. v. Value Call Int'l, Inc., 988 F. Supp. 1376 (D. Kan. 1997).published
- Schermer v. State Farm Fire & Cas. Co., 721 N.W.2d 307 (Minn. 2006).published
- Walton v. New York State Dep't of Corr. Servs., 921 N.E.2d 145 (N.Y. 2009).published
- Adams v. N. Illinois Gas Co., 809 N.E.2d 1248 (Ill. 2004).published
- Weinberg v. Sprint Corp., 801 A.2d 281 (N.J. 2002).published
- Global NAPS, Inc. v. Verizon New England, Inc., 327 F. Supp. 2d 290 (D. Vt. 2004).published
- In Re Hawaiian & Guamanian Cabotage Antitrust Litig., 754 F. Supp. 2d 1239 (W.D. Wash. 2010).published
- Woodhams v. Allstate Fire & Cas. Co., 748 F. Supp. 2d 211 (S.D.N.Y. 2010).published
- Rios v. State Farm Fire & Cas. Co., 469 F. Supp. 2d 727 (S.D. Iowa 2007).published
- Verizon Delaware, Inc. v. Covad Commc'ns Co., 232 F. Supp. 2d 1066 (N.D. Cal. 2002).published
- Marcus v. AT & T CORP., 938 F. Supp. 1158 (S.D.N.Y. 1996).published
- Marcus v. AT&T Corp., 138 F.3d 46 (2d Cir. 1998).published
- Verizon Delaware, Inc. v. Covad Commc'ns Co., 377 F.3d 1081 (9th Cir. 2004).published
- Flint v. Metlife Ins., 460 F. App'x 483 (6th Cir. 2011).unpublished
- Sher v. Allstate Ins., 947 F. Supp. 2d 370 (S.D.N.Y. 2013).published
- Black Radio Network, Inc. v. Nynex Corp., 44 F. Supp. 2d 565 (S.D.N.Y. 1999).published
At page 20 Applying the filed rate doctrine to state agency regulation34 citing cases“courts have uniformly held, and we agree, that the rationales underlying the filed rate doctrine apply equally strongly to regulation by state agencies.”
- United States of Am., ex rel. Ian Dixon, Karl Quist, & Sara Stovall v. Sentara Health Plans f/k/a Optima Health Plan, Sentara Health f/k/a Sentara Healthcare, & Milliman, Inc., No. 3:20-cv-00062 (W.D. Va. July 31, 2026). Co., 642 F.3d 876 , 888 n.10 (10th Cir. 2011) (collecting authority for the proposition that there is no fraud exception); Wegoland, 27 F.3d at 22 (“[A] fraud exception to the filed rate doctrine is both contrary to guiding Supreme Court p…
- Lewis v. M&T Bank, No. 21-933-cv, 2022 WL 775758 (2d Cir. Mar. 15, 2022).unpublished ([T]he filed rate doctrine acts to bar state 10 causes of action.)
- William Ellis v. Salt River Proj., 24 F.4th 1262 (9th Cir. 2022).published([C]ourts have uniformly held . . . that the rationales underlying the filed rate doctrine apply equally strongly to regulation by state agencies.)
- In Re New Jersey Title Ins. Litig., 683 F.3d 451 (3d Cir. 2012).published Co., 341 U.S. at 251 , 71 S.Ct. 692 (finding that it is not “open to the courts to determine what the reasonable rates during the past should have been”); Sun City Taxpayers’ Assoc., 45 F.3d at 62 (“[C]ourts lack the competence to set util…
- McCray v. Fid. Nat'l Title Ins., 682 F.3d 229 (3d Cir. 2012).published See Square D, 476 U.S. at 423 , 106 S.Ct. 1922 (noting that “the development of class actions ... might alleviate the ... concern about unfair rebates”); Wegoland, 27 F.3d at 22 (“[Concerns for discrimination are substantially alleviated i…
- In Re Pennsylvania Title Ins. Antitrust Litig., 648 F. Supp. 2d 663 (E.D. Pa. 2009).published ([T]he rationales underlying the filed rate doctrine apply equally strongly to regulation by state agencies.)
- Firstcom, Inc. v. Qwest Corp., 555 F.3d 669 (8th Cir. 2009).published ([C]ourts have uniformly held, and we agree, that the rationales underlying the filed rate doctrine apply equally strongly to regulation by state agencies.)
- Crumley v. Time Warner Cable, Inc., 554 F. Supp. 2d 933 (D. Minn. 2008).published See Wegoland, 27 F.3d at 21 (“Apart from participating in the political process and filing complaints with the regulatory agencies, individual ratepayers simply have no role in attacking the reasonableness of filed rates.”); Taffet v. S. C…
- Amundson & Assocs. Art Studio, Ltd. v. Nat'l Council on Comp. Ins., 988 P.2d 1208 (Kan. Ct. App. 1999).published(the rationales underlying the filed rate doctrine apply equally strongly to regulation by state agencies)
- Sun City Taxpayers' Ass'n v. Citizens Utils. Co., 45 F.3d 58 (2d Cir. 1995).published See id. at 22 (“the class action nature of the proceeding in no way affects the important concerns of agency authority, justiciability, and institutional competence”).
Show 22 more citing cases
- Dolan v. Fid. Nat'l Title Ins., 365 F. App'x 271 (2d Cir. 2010).unpublished Filed Rate Doctrine The filed rate doctrine “holds that any ‘filed rate’ — that is, one approved by the governing regulatory agency — is per se reasonable and unassailable in judicial proceedings brought by ratepayers.” Wegoland Ltd. v. NY…
- Collins v. Metro. Life Ins. Co., No. 4:22-cv-00129 (E.D. Mo. Feb. 3, 2023).It stated, “courts that have considered the fraud issue almost unanimously have ‘rejected the notion that there is a fraud exception to the filed-rate doctrine,’” and “[t]he rationale behind applying the filed-[rate] doctrine when there ar…
- Granite State Ins. Co. v. Star Mine Servs., Inc., 29 F.4th 317 (6th Cir. 2022).publishedSee Anthem, 8 S.W.3d at 51 ; Wegoland, Ltd. v. NYNEX Corp., 27 F.3d 17, 20 (2d Cir. 1994); see also, e.g., Schermer v. State Farm Fire & Cas.
- Krukas v. Aarp, No. 2018-1124 (D.D.C. Mar. 17, 2019).published See Defs.’ Mem. at 23-28 (citing Medco Energi, 729 F.3d 394 ; Hill v. BellSouth Telecomms., Inc., 364 F.3d 1308, 1315 (11th Cir. 2004); Marcus, 138 F.3d 46 ; Wegoland Ltd. v. NYNEX Corp., 27 F.3d 17, 18 (2d Cir. 1994)); Defs.’ Reply Supp.…
- Fowler v. Caliber Home Loans, Inc., 277 F. Supp. 3d 1324 (S.D. Fla. 2016).published Power Agency v. Fla. Power & Light Co., 64 F.3d 614, 615 (11th Cir.1995). “[E]ven if a claim does not directly attack the filed rate, an award of damages to the customer that would, in effect, result in a judicial determination of the reas…
- Fowler v. Caliber Home Loans, Inc., 196 F. Supp. 3d 1328 (S.D. Fla. 2016).published Inc., 364 F.3d 1308, 1317 (11th Cir.2004). “[T]wo companion principles lie at the core of the filed rate doctrine: first, that legislative bodies design agencies for the specific purpose of setting uniform rates, and second, that courts ar…
- Korte v. Allstate Ins., 48 F. Supp. 2d 647 (E.D. Tex. 1999).published
- Clark v. Prudential Ins. Co. of Am., 736 F. Supp. 2d 902 (D.N.J. 2010).published
- Minihane v. Weissman, 164 Misc. 2d 350 (N.Y. Sup. Ct. 1994).published
- Schermer v. State Farm Fire & Cas. Co., 721 N.W.2d 307 (Minn. 2006).published
- Brown v. Cassens Transp. Co., 675 F.3d 946 (6th Cir. 2012).published
- At & T Corp., a New York Corp. v. Fleming & Berkley, a Ltd. P'ship & Frederick J. Fleming, an Individual, 131 F.3d 145 (9th Cir. 1997).unpublished
- Edge v. State Farm Mut. Auto. Ins., 623 S.E.2d 387 (S.C. 2005).published
- Richardson v. Stand. Guar. Ins., 853 A.2d 955 (N.J. Super. Ct. App. Div. 2004).published
- Borough of Lansdale v. PP & L, INC., 426 F. Supp. 2d 264 (E.D. Pa. 2006).published
- Balthazar v. Verizon Hawaii, Inc., 123 P.3d 194 (Haw. 2005).published
- Satellite Sys., Inc. v. Birch Telecom of Oklahoma, Inc., 2002 OK 61, 51 P.3d 585.published
- Pac. Lightnet, Inc. v. Time Warner Telecom, Inc., 318 P.3d 97 (Haw. 2013).published
- Bauer v. Sw. Bell Tel. Co., 958 S.W.2d 568 (Mo. Ct. App. 1997).published
- Milkman v. Am. Travellers Life Ins., 61 Pa. D. & C.4th 502 (2002).published
- Qwest Corp. v. Kelly, 59 P.3d 789 (Ariz. Ct. App. 2002).published
- Blaylock v. First Am. Title Ins., 504 F. Supp. 2d 1091 (W.D. Wash. 2007).published
At page 21 Limiting judicial review of filed rates under regulatory doctrine24 citing casesApart from participating in the political process and filing complaints with the regulatory agencies, individual ratepayers simply have no role in attacking the reasonableness of filed rates. Nor is there room for judicial intervention in such a case.
- Rothstein v. Balboa Ins. Co., 794 F.3d 256 (2d Cir. 2015).published (Apart from participating in the political process and filing complaints with the regulatory agencies, individual ratepayers simply have no role in attacking the reasonableness of filed rates. Nor is there room for judi…)
- In Re New Jersey Title Ins. Litig., 683 F.3d 451 (3d Cir. 2012).published (Courts are simply ill-suited to systematically second guess the regulators’ decisions and overlay their own resolution.)
- In Re Title Ins. Antitrust Cases, 702 F. Supp. 2d 840 (N.D. Ohio 2010).published Wegoland, 27 F.3d at 18 (“is per se reasonable and unassailable in judicial proceedings brought by ratepayers.”).
- In Re Pennsylvania Title Ins. Antitrust Litig., 648 F. Supp. 2d 663 (E.D. Pa. 2009).published Wegoland Ltd. v. NYNEX Corp., 27 F.3d 17, 20 (2d Cir.1994) (“[T]he rationales underlying the filed rate doctrine apply equally strongly to regulation by state agencies.”).
- Crumley v. Time Warner Cable, Inc., 554 F. Supp. 2d 933 (D. Minn. 2008).published (Apart from participating in the political process and filing complaints with the regulatory agencies, individual ratepayers simply have no role in attacking the reasonableness of filed rates.)
- Sun City Taxpayers' Ass'n v. Citizens Utils. Co., 45 F.3d 58 (2d Cir. 1995).published See id. at 22 (“the class action nature of the proceeding in no way affects the important concerns of agency authority, justiciability, and institutional competence”).
- Skolarus, No. 1:24-cv-04375 (S.D.N.Y. Sept. 30, 2025). Co., 794 F.3d 256, 261 (2d Cir. 2015) (quoting Wegoland Ltd. v. NYNEX Corp., 27 F.3d 17, 18 (2d Cir. 1994)) (internal quotation marks omitted).
- George E. Warren LLC v. Colonial Pipeline Co, 50 F.4th 391 (3d Cir. 2022).publishedAnd they are not affected by the tort of a third party.”14 “[T]he doctrine is applied strictly to prevent a plaintiff from bringing a cause of action even in the face of apparent inequities whenever either the nondiscrimination strand or t…
- Steven Brooks v. Commonwealth Edison Co., No. 21-2873 (7th Cir. Aug. 22, 2022).published“the fact that the remedy sought can be characterized as damages … does not negate the fact that the court would be determining the reasonableness of rates”
- Duff v. Centene Corp., 565 F. Supp. 3d 1004 (S.D. Ohio 2021).publishedId. at *21.
Show 14 more citing cases
- Edward Leo v. Nationstar Mortg. LLC of Del, 964 F.3d 213 (3d Cir. 2020).publishedAny court that attempted to do so would inevitably introduce price discrimination into the market, since “victorious plaintiffs would wind up paying less than non-suing ratepayers.” Id. at 456 (quoting Wegoland Ltd. v. NYNEX Corp., 27 F.3d…
- Cole's Wexford Hotel, Inc. v. Highmark Inc., 209 F. Supp. 3d 810 (W.D. Pa. 2016).publishedThe first principle, known as the "non-discrimination strand,” "recognizes that ‘victorious plaintiffs would wind up paying less than non-suing ratepayers.' ” McCray, 682 F.3d at 242 (quoting Wegoland Ltd. v. NYNEX Corp., 27 F.3d 17, 21 (2…
- Kutner v. Sprint Commc'ns Co. LP, 971 F. Supp. 302 (W.D. Tenn. 1997).published
- Simon v. Keyspan Corp., 785 F. Supp. 2d 120 (S.D.N.Y. 2011).published
- Minihane v. Weissman, 164 Misc. 2d 350 (N.Y. Sup. Ct. 1994).published
- Lawrence Marcus Marc Kasky, on Behalf of Themselves & All Others Similarly Situated v. At&t Corp., Jeffrey A. Moss, on Behalf of Himself & All Others Similarly Situated, Donna Borok Moss v. Am. Tel. & Tel. Co., 138 F.3d 46 (2d Cir. 1998).published
- Fax Telecommunicaciones Inc. v. At&t, Michael Gilmartin & Richard Stotts, 138 F.3d 479 (2d Cir. 1998).published
- Schermer v. State Farm Fire & Cas. Co., 721 N.W.2d 307 (Minn. 2006).published
- Weinberg v. Sprint Corp., 801 A.2d 281 (N.J. 2002).published
- Woodhams v. Allstate Fire & Cas. Co., 748 F. Supp. 2d 211 (S.D.N.Y. 2010).published
- Marcus v. AT&T Corp., 138 F.3d 46 (2d Cir. 1998).published
- Hoffman v. N. States Power Co., 764 N.W.2d 34 (Minn. 2009).published
- Hill v. BellSouth Telecomm., Inc., 244 F. Supp. 2d 1323 (N.D. Ga. 2003).published
- Cnty. of Suffolk v. Long Island Lighting Co., 87 F. Supp. 2d 187 (E.D.N.Y. 2000).published
At page 22 Applying filed rate doctrine to RICO and antitrust suits24 citing cases[BJecause a fraud exception to the filed rate doctrine is both contrary to guiding Supreme Court precedent and important regulatory policies, we hold that there is no fraud exception to the filed rate doctrine that would save this suit from dismissal.
- United States of Am., ex rel. Ian Dixon, Karl Quist, & Sara Stovall v. Sentara Health Plans f/k/a Optima Health Plan, Sentara Health f/k/a Sentara Healthcare, & Milliman, Inc., No. 3:20-cv-00062 (W.D. Va. July 31, 2026). ([A] fraud exception to the filed rate doctrine is both contrary to guiding Supreme Court precedent and important regulatory policies.)
- McCray v. Fid. Nat'l Title Ins., 682 F.3d 229 (3d Cir. 2012).published ([Concerns for discrimination are substantially alleviated in [a] putative class action.)
- In Re Pennsylvania Title Ins. Antitrust Litig., 648 F. Supp. 2d 663 (E.D. Pa. 2009).published Wegoland Ltd. v. NYNEX Corp., 27 F.3d 17, 20 (2d Cir.1994) (“[T]he rationales underlying the filed rate doctrine apply equally strongly to regulation by state agencies.”).
- Firstcom, Inc. v. Qwest Corp., 555 F.3d 669 (8th Cir. 2009).published ([BJecause a fraud exception to the filed rate doctrine is both contrary to guiding Supreme Court precedent and important regulatory policies, we hold that there is no fraud exception to the filed rate doctrine that wou…)
- Texas Com. Energy v. TXU Energy, Inc., 413 F.3d 503 (5th Cir. 2005).published (filed rate doctrine does not leave regulated industries immune from suit under the RICO or antitrust statutes.)
- Sun City Taxpayers' Ass'n v. Citizens Utils. Co., 45 F.3d 58 (2d Cir. 1995).published (the class action nature of the proceeding in no way affects the important concerns of agency authority, justiciability, and institutional competence)
- Villarroel v. Recology, 97 Cal. App. 5th 762 (Cal. Ct. App. 2023).published (refusing to recognize fraud exception to federal filed rate doctrine)
- Fowler v. Caliber Home Loans, Inc., 196 F. Supp. 3d 1328 (S.D. Fla. 2016).published Inc., 364 F.3d 1308, 1317 (11th Cir.2004). “[T]wo companion principles lie at the core of the filed rate doctrine: first, that legislative bodies design agencies for the specific purpose of setting uniform rates, and second, that courts ar…
- Fax Telecommunicaciones v. AT & T, 952 F. Supp. 946 (E.D.N.Y. 1996).published
- Commonwealth Ex Rel. Chandler v. Anthem Ins. Companies, 8 S.W.3d 48 (Ky. Ct. App. 1999).published
Show 11 more citing cases
- Minihane v. Weissman, 164 Misc. 2d 350 (N.Y. Sup. Ct. 1994).published
- Lawrence Marcus Marc Kasky, on Behalf of Themselves & All Others Similarly Situated v. At&t Corp., Jeffrey A. Moss, on Behalf of Himself & All Others Similarly Situated, Donna Borok Moss v. Am. Tel. & Tel. Co., 138 F.3d 46 (2d Cir. 1998).published
- MCI Telecomm. Corp. v. Value Call Int'l, Inc., 988 F. Supp. 1376 (D. Kan. 1997).published
- At & T Corp. v. Jmc Telecom, LLC, 470 F.3d 525 (3d Cir. 2006).published
- N.C. Steel, Inc. v. Nat'l Council on Comp. Ins., 472 S.E.2d 578 (N.C. Ct. App. 1996).published
- MCI Telecomm. Corp. v. Dominican Commc'n Corp., 984 F. Supp. 185 (S.D.N.Y. 1997).published
- Wah Chang v. Duke Energy Trading & Mktg., LLC, 507 F.3d 1222 (9th Cir. 2007).published
- Morales v. Attorneys'title Ins. Fund, Inc., 983 F. Supp. 1418 (S.D. Fla. 1997).published
- Ting v. AT & T, 182 F. Supp. 2d 902 (N.D. Cal. 2002).published
- Wah Chang v. Duke Energy Tradidng, No. 05-55367 (9th Cir. Nov. 19, 2007).published
- Black Radio Network, Inc. v. Nynex Corp., 44 F. Supp. 2d 565 (S.D.N.Y. 1999).published
Other citing cases
- Rooter Hero Phoenix Inc. v. Beebe, No. 2:22-cv-00220 (D. Ariz. Jan. 25, 2023).
v.
NYNEX CORP., Peter L. Haynes, New England Telephone & Telegraph Co., New York Telephone Company, NYNEX Business Information Systems, NYNEX Credit Co., NYNEX Information Solutions Group, Inc., William G. Burns, William C. Ferguson, NYNEX International Co., NYNEX Material Enterprises Co., NYNEX Mobile Communications Co., NYNEX Properties Co., NYNEX Systems Marketing, Paul C. O'Brien, Delbert C. Staley, Paul D. Covill, Frederick Salerno, NYNEX Service Co.
Plaintiff ratepayers appeal from a judgment of the United States District Court for the Southern District of New York (Kimba[*18] M. Wood, Judge) dismissing their two putative class action suits brought pursuant to the civil provisions of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq., and associated state statutes and causes of. action. Judge Wood ruled that the plaintiffs’ actions were barred by the filed rate doctrine. For substantially the reasons articulated in Judge Wood’s thorough and commendable opinion reported at 806 F.Supp. 1112 (S.D.N.Y.1992), we affirm.
BACKGROUND
Plaintiffs filed two nearly identical complaints in this matter, which name as defendants NYNEX, New England Telephone and Telegraph Co. (“NETel”), New York Telephone Co. (“NYTel”), numerous subsidiaries, and individual directors and executives of these corporate entities (collectively “NYNEX”). Plaintiffs are three purported NYNEX ratepayers. The facts necessary to dispose of this appeal are succinctly stated in the district court’s opinion:
The complaints allege that NYTel and NETel gave regulatory agencies and consumers misleading financial information to support the inflated rates they requested. More particularly, plaintiffs allege a scheme in which certain unregulated subsidiaries of NYNEX sold products and services to NYTel and NETel at inflated prices. NYTel and NETel then used those prices to justify inflated rates, resulting in high profits to the NYNEX corporate family, which profited by extracting higher rates from ratepayers, but did not suffer from the higher “cost” of products and services because these extra costs inured to the benefit of members of the corporate family. The net effect, the complaints allege, was that the ratepayers and the regulatory agencies were misled into believing that certain higher rates were justifiable, and the NYNEX corporate' family was able to enjoy inflated profits as a result of its misrepresentations.
Wegoland, Ltd. v. NYNEX Corp., 806 F.Supp. 1112, 1113 (S.D.N.Y.1992). The district court referred this matter to Chief Magistrate Judge Nina Gershon, who issued a Report and Recommendation recommending that four of the plaintiffs’ seven claims be dismissed. These dismissals were not contested and are thus not before us. As for the remaining three claims, two RICO claims and one state claim, the Chief Magistrate Judge rejected the defendants’ argument that the claims were barred by the filed rate doctrine. The Chief Magistrate Judge’s recommendation relied primarily on the Eleventh Circuit’s ruling in Taffet v. Southern Co., 930 F.2d 847 (11th Cir.1991) (“Taffet I”), which was the only appellate decision directly addressing this issue and which held that the filed rate doctrine did not bar RICO claims by ratepayers against utilities.
After the Chief Magistrate Judge issued her recommendation, the Eleventh Circuit, sitting era banc, unanimously reversed itself, ruling that the filed rate doctrine does bar RICO claims by ratepayers against utilities. Taffet v. Southern Co., 967 F.2d 1483 (11th Cir.) (era banc) (“Taffet II”), cert. denied, — U.S. —, 113 S.Ct. 657, 121 L.Ed.2d 583 (1992). Also in the intervening period between the Chief Magistrate Judge’s recommendation and Judge Wood’s ruling, the Eighth Circuit applied the filed rate doctrine to bar a suit in similar circumstances. H.J. Inc. v. Northwestern Bell Tel. Co., 954 F.2d 485 (8th Cir.), cert. denied, — U.S. —, 112 S.Ct. 2306, 119 L.Ed.2d 228 (1992).
In her thoughtful opinion, Judge Wood analyzed the history and purposes of the filed rate doctrine. Agreeing with the analyses in Taffet II and H.J. Inc., she concluded that the filed rate doctrine barred the plaintiffs’ actions, and accordingly she dismissed the complaints in their entirety. This appeal followed.
DISCUSSION
The filed rate doctrine bars suits against regulated utilities grounded on the allegation that the rates charged by the utility are unreasonable. Simply stated, the doctrine holds that any “filed rate” — that is, one approved by the governing regulatory agency — is per se reasonable and unassailable in judicial proceedings brought by ratepayers. In her opinion, Judge Wood carefully explained the history and rationale of the filed[*19] rate doctrine. See Wegoland, 806 F.Supp. at 1113-16. We summarize briefly.
One of the earliest applications of what has become known as the filed rate doctrine came in Keogh v. Chicago & Northwestern Railway Co., 260 U.S. 156, 43 S.Ct. 47, 67 L.Ed. 183 (1922). In Keogh, the plaintiff alleged a conspiracy to fix freight transportation rates at an unnaturally high level and asked for damages to the extent he had to pay inflated rates as a result of the conspiracy. Assuming the plaintiff’s conspiracy allegations were true, Justice Brandéis writing for the Court held that the complaint still had to be dismissed because the rates had been filed with the Interstate Commerce Commission and deemed reasonable by that body. Justice Brandéis articulated several reasons for dismissing the complaint. Among them, he noted that the legal rights between a regulated industry and its customers with respect to rates are controlled by and limited to the rates filed with and approved by the appropriate regulatory agency, and that any attempt to reassess the reasonableness of rates would require the judiciary to “reeonstitut[e] the whole rate structure” of the industry. He also explained that any retroactive relief would lead to discrimination in rates in that a victorious plaintiff would end up paying less than similarly situated non-suing customers. Id. at 163-64, 43 S.Ct. at 49-50.
Since Keogh, these two corresponding interests, one concerned with potential “discrimination” in rates as between ratepayers and the other concerned with the “justiciability” of determining reasonable rates, have turned up in Supreme Court decisions discussing the filed rate doctrine. For example, in Maislin Industries, U.S. v. Primary Steel, Inc., 497 U.S. 116, 110 S.Ct. 2759, 111 L.Ed.2d 94 (1990), the Court emphasized the nondiscrimination strand of this rationale when discussing the policies behind strict adherence to the filed rate doctrine. Id. at 126-28, 110 S.Ct. at 2765-67. Likewise, in Arkansas Louisiana Gas Co. v. Hall, 453 U.S. 571, 101 S.Ct. 2925, 69 L.Ed.2d 856 (1981) (“Arkla”), the Court explained that allowing individual ratepayers to attack the filed rate “would undermine the congressional scheme of uniform rate regulation.” Id. at 579, 101 S.Ct. at 2931.
In other instances, the Court is concerned that an attack on the filed rate would unnecessarily enmesh the courts in the rate-making process. For example, in Montana-Dakota Utilities Co. v. Northwestern Public Service Co., 341 U.S. 246, 71 S.Ct. 692, 95 L.Ed. 912 (1951), the Court stressed the difficulty for courts “to determine what the reasonable rates during the past should have been” and explained that the “abstract” notion of reasonableness is best left a “function of the Commission.” Id. at 251, 71 S.Ct. at 695. Although not referring to the filed rate doctrine or the Keogh decision by name, Justice Jackson maintained that a plaintiff “can claim no rate as a legal right that is other than the filed rate,” and that a court “can assume no right to a different one on the ground that, in its opinion, it is the only or the more reasonable one.” Id. at 251-52, 71 S.Ct. at 695. More recently, in Square D Co. v. Niagara Frontier Tariff Bureau, 476 U.S. 409, 106 S.Ct. 1922, 90 L.Ed.2d 413 (1986), the Court endorsed the district court’s dismissal of the plaintiff’s antitrust complaint seeking treble damages under the Sherman Antitrust Act measured by the difference between the artificially high rate actually filed and the “reasonable” rate absent the fraudulent conspiracy. The Court reaffirmed Keogh and its application to the case before it, one in which the district court had spoken of the “attendant complications” in calculating damages because the court would have to determine a “hypothetical” reasonable rate in order to determine the difference from the rate actually paid, and stated that “rate determinations are a matter for the ICC and not for the court.” See 596 F.Supp. 153, 156 (W.D.N.Y.1984).
Drawing from the Keogh decision and these subsequent cases, Judge Wood pointed out that “two companion principles lie at the core of the filed rate doctrine: first, that legislative bodies design agencies for the specific purpose of setting uniform rates, and second, that courts are not institutionally well suited to engage in retroactive rate setting.” Wegoland, 806 F.Supp. at 1115.
[*20] Plaintiffs do not, nor could they, quarrel with the general applicability of the filed rate doctrine. Instead, they argue that there should be an exception to the filed rate doctrine when there are allegations of fraud upon the regulatory agency. Yet, apart from the Tajfet I ruling, which was unanimously overturned en banc, every court that has considered the plaintiffs’ argument has rejected the notion that there is a fraud exception to the filed rate doctrine. See Taffet II, 967 F.2d at 1494-95; H.J. Inc., 954 F.2d at 489; Sun City Taxpayers’ Ass’n v. Citizens Utils. Co., 847 F.Supp. 281, 291 (D.Conn.1994) (Cabranes, J.); Lifschultz Fast Freight, Inc. v. Consolidated Freightways Corp., 805 F.Supp. 1277, 1295 (D.S.C.1992), aff'd without opinion, 998 F.2d 1009 (4th Cir.), cert. denied, — U.S. —, 114 S.Ct. 553, 126 L.Ed.2d 454 (1993); Cullum v. Arkla, Inc., 797 F.Supp. 725, 728-29 (E.D.Ark.1992), aff'd without opinion, 994 F.2d 842 (8th Cir.1993); Hilling v. Northern States Power Co., No. 3-90 CIV 418, 1990 WL 597044, slip op. at 5 (D.Minn. Dec. 12, 1990). Furthermore, the Supreme Court has ruled that- the filed rate doctrine acts to bar state causes of action. See Arkla, 453 U.S. at 584, 101 S.Ct. at 2933-34. Similarly, courts have uniformly held, and we agree, that the rationales underlying the filed rate doctrine apply equally strongly to regulation by state agencies. See Taffet II, 967 F.2d.at 1494; H.J. Inc., 954 F.2d at 494; Sun City, at 289; Wegoland, 806 F.Supp. at 1115.
In rejecting the plaintiffs’ argument on this point, Judge Wood stated that creating a fraud exception would be both out of step with guiding Supreme Court caselaw, which has applied the filed rate doctrine in the face of allegations of fraud on the regulators, as well as contrary to the policies behind the doctrine. We agree.
The Supreme Court in Square D considered an alleged conspiracy to submit fraudulently inflated rates to the regulating agency. The Court in Square D did not hesitate to apply the filed rate doctrine and gave no intimation that there is an exception for fraud on the regulatory agency. Indeed, applying a general exception for fraud on the regulators would be inconsistent with the line of Supreme Court cases from Keogh to Square D which developed the filed rate doctrine “precisely for actions alleging a type of fraud on a regulatory agency.” Wegoland, 806 F.Supp. at 1118.
We note that five years prior to Square D, the Court “save[d] for another day the question of whether the filed rate doctrine applies in the face of fraudulent conduct.” See Arkla, 453 U.S. at 583 n. 13, 101 S.Ct. at 2933 n. 13. The plaintiffs make the point that the Court in Square D made no mention of the fact that it seemed to be resolving that open question. But on closer examination, there is an explanation for the Court’s silence.
In Arkla, a plaintiff utility company had a contract with the defendant-buyer that entitled it to charge higher rates in special circumstances. The utility alleged that the defendant fraudulently failed to notify the utility of the occurrence of these special circumstances, thus preventing it from filing the higher rates with the regulators. The utility further argued that the defendant’s fraudulent omission, which kept the utility from filing the higher rate in the first place, es-topped it from asserting as a defense the filed rate doctrine. The Court rejected as unsupported by the record plaintiff’s allegations of fraud; however, it reserved deciding the narrow legal question, which the district court accurately described as “whether a person’s fraudulent failure to notify a seller of conditions triggering a contractual entitlement to a higher rate, thereby preventing the seller from filing a higher rate, estops that person from using the filed rate doctrine in an action against it for the higher rate.” Wegoland, 806 F.Supp. at 1118 n. 4. Thus, we agree with the district court that the question reserved by the Arkla Court was actually a much “narrower question than whether there should be a general exception to the filed rate doctrine for fraudulent conduct.” Id.
Apart from its incompatibility with Supreme Court precedent, plaintiffs’ proposed fraud exception is also inconsistent with the strong policies behind the filed rate doctrine. The doctrine is designed to insulate from challenge the filed rate deemed reasonable by the regulatory agency. Con[*21]gress and state legislatures establish regulatory agencies in part to ensure that rates charged by generally monopolistic and oli-gopolistic industries are reasonable. This regime protects consumers while fostering stability. The regulatory agencies are deeply familiar with the workings of the regulated industry and utilize this special expertise in evaluating the reasonableness of rates. The agencies’ experience and investigative capacity make them well-equipped to discern from an entity’s submissions what costs are reasonable and in turn what rates are reasonable in light of these costs.
If courts were licensed to enter this process under the guise of ferreting out fraud in the rate-making process, they would unduly subvert the regulating agencies’ authority and thereby undermine the stability of the system. For only by determining what would be a reasonable rate absent the fraud could a court determine the extent of the damages. And it is this judicial determination of a reasonable rate that the filed rate doctrine forbids.
As compared with the expertise of regulating agencies, courts do not approach the same level of institutional competence to ascertain reasonable rates. Regulators employ their peculiar expertise to consider the whole picture regarding the reasonableness of a proposed rate. They make hundreds if not thousands of discretionary decisions about the submitted costs and ultimately arrive at the approved filed rate. Courts are simply ill-suited to systematically second guess the regulators’ decisions and overlay their own resolution. Indeed, as Judge Wood perceptively noted, application of the filed rate doctrine is even more appropriate in the RICÓ context of alleged fraud on the agency (where “regulatory bodies are particularly well suited to determining whether utility costs borne within a corporate family are reasonable,” id. at 1122) than in the antitrust context (where regulators are unlikely to have much special knowledge as to the existence of illegal conspiracies among competitors), and it is in the antitrust context that the Supreme Court has consistently applied the filed rate doctrine. See, e.g., Square D, 476 U.S. at 418-19, 106 S.Ct. at 1927-28; Keogh, 260 U.S. at 161-62, 43 S.Ct. at 49.
The plaintiffs respond that courts would not be required to determine a “reasonable” rate, but rather would only have to decide what damages arose from the fraud, a task courts routinely undertake. However, the two are hopelessly intertwined: “The fact that the remedy sought can be characterized as damages for fraud does not negate the fact that the court would be determining the reasonableness of rates,” Wegoland, 806 F.Supp. at 1119, and that “any attempt to determine what part of the rate previously deemed reasonable was a result of the fraudulent acts would require determining what rate would have been deemed reasonable absent the fraudulent acts, and then finding the difference between the two.” Id. at 1121.
Apart from the institutional competency concern, allowing courts to become enmeshed in the rate-making process would undermine our current regulatory regime, which is designed to be self-policing. Individual ratepayers are unlikely to have any special knowledge of the alleged wrongdoing that would make it advantageous to have private enforcement through the RICO or antitrust provisions. By contrast, regulators who are intimately familiar with the industry are best situated to discover when regulated entities engage in fraud on the agency and to remedy the wrongdoing when the specter of fraud arises. Indeed, that is precisely what has happened in this case, where the regulators in every state affected by NYNEX’s alleged fraud have initiated administrative hearings to investigate the charges and issue appropriate remedies to benefit the ratepayers. See Wegoland, 806 F.Supp. at 1120-21. Apart from participating in the political process and filing complaints with the regulatory agencies, individual ratepayers simply have no role in attacking the reasonableness of filed rates. Nor is there room for judicial intervention in such a case.
Furthermore, application of the filed rate doctrine prevents discrimination in rates paid by consumers because victorious plaintiffs would wind up paying less than non-suing ratepayers. See Keogh, 260 U.S. at 163-64, 43 S.Ct. at 49-50. Plaintiffs respond that the[*22] class action nature of this suit eliminates any potential discrimination, and thus the filed rate doctrine should not apply. While not specifically raised in the district court, the importance of this purely legal issue warrants our attention. See Austin v. Healey, 5 F.3d 598, 601 (2d Cir.1993), cert. denied, — U.S. —, 114 S.Ct. 1192, 127 L.Ed.2d 542 (1994). To be sure, the concerns for discrimination are substantially alleviated in this putative class action. See, e.g., Square D Co. v. Niagara Frontier Tariff Bureau, Inc., 760 F.2d 1347, 1352 (2d Cir.1985) (Friendly, J.), aff'd, 476 U.S. 409, 106 S.Ct. 1922, 90 L.Ed.2d 413 (1986); Gelb v. American Tel. & Tel. Co., 813 F.Supp. 1022, 1028 (S.D.N.Y.1993). However, the class action nature of the proceeding in no way affects the important concerns of agency authority, justiciability, and institutional competence previously described. To the contrary, use of the class action to attack the rate-making process tends to frustrate these legitimate interests and might end up costing the consumers even more in litigation expenses. See, e.g., Taffet II, 967 F.2d at 1492 (explaining that application of the filed rate doctrine forecloses “strike suits that would be brought as eager lawyers, using the class action vehicle, circumvent the states’ rate-making mechanisms — all at the expense of the consumers”). Just as important, court-ordered rate reductions potentially raise the cost of capital (and impede access to equity and bond markets) for capital-intensive utilities, and thereby affect the company and all of its future customers in ways that courts cannot afterwards undo. Moreover, the Supreme Court in Square D rejected the invitation of Judge Friendly and the Justice Department to overrule Keogh based upon the advent of various procedural developments to avoid discrimination in rates, like the class action. Square D, 476 U.S. at 423, 106 S.Ct. at 1930. Because most of the animating policies behind the filed rate doctrine are not diminished in the class action context, we hold that the filed rate doctrine applies whether or not plaintiffs are suing for a class.
Finally, we note that the filed rate doctrine does not leave regulated industries immune from suit under the RICO or antitrust statutes. While individual ratepayers are precluded from challenging the reasonableness of the rates, the proper government officials remain free to pursue this avenue in appropriate circumstances. See, e.g., Sun City, at 290-91.
In conclusion, because a fraud exception to the filed rate doctrine is both contrary to guiding Supreme Court precedent and important regulatory policies, we hold that there is no fraud exception to the filed rate doctrine that would save this suit from dismissal.
As a final point, we note that the district court correctly discerned a tension between the applicability of the filed rate doctrine and this Court’s ruling in County of Suffolk v. Long Island Lighting Co., 907 F.2d 1295 (2d Cir.1990) (“LILCO”). In LILCO, we held that RICO is applicable to public utilities and examined the merits of a claim brought by individual ratepayers. Id. at 1305-08. The district court understandably was concerned that its ruling would contravene LILCO by immunizing utilities from RICO suits brought by ratepayers. The court therefore labored to distinguish the facts of this case from those in LILCO and pointed out that the filed rate doctrine was never raised in the LILCO opinion. See Wegoland, 806 F.Supp. at 1122-24.
We conclude that LILCO erects no barrier in this Circuit to the application of the filed rate doctrine to RICO suits brought by ratepayers against utilities. Since we had no occasion to consider the filed rate doctrine in LILCO because it was not brought to the panel’s attention, the absence of such a discussion can by no means be construed as an implicit rejection of the filed rate doctrine. Accordingly, the LILCO decision does not alter the outcome in this case.
CONCLUSION
We have carefully considered the remainder of the arguments proffered by the parties and find them to be without merit. For the forgoing reasons, we affirm the district court’s judgment dismissing the plaintiffs’ actions as barred by the filed rate doctrine.