Philip J. CHARVAT, Plaintiff-Appellant, v. ECHOSTAR SATELLITE, LLC, Defendant-Appellee, 535 F. App'x 513

PER CURIAM: On December 30, 2010, we issued an opinion in this case, invoking the doctrine of primary jurisdiction and referring the matter to the Federal Communications Commission (FCC) to allow the agency to interpret certain provisions of the Telephone Consumer Protection Act, 47 U.S.C. § 227, and its accompanying regulations. Charvat v. EchoStar Satellite, LLC, 680 F.3d 459, 468 (6th Cir.2010). On May 9, 2013, the FCC issued a declaratory ruling interpreting the Telephone Act. In re Dish Network, LLC, 28 FCC Red. 6574 (2013). Accordingly, we now vacate the judgment of the district court and remand this case for consideration of Charvat’s claims in light of the FCC’s ruling.