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United States Court of Appeals Pàge 1 United States Court of Appeals FÎR THE EIGHTH CIRCUIT No. 00-3727 Cedar Rapids Cellular Telephone, L.P.; * Davånport Cellular Telephone * Company, * * Plaintiffs/Appellants, * * WWC Licånse, LLC; * Iowa Wireless Services, L.P., * * Plàintiffs, * * v. * * Thomas Miller, Sued as Thomas J. * Miller, individuàlly, in his official * capacity as Attorney General of Iowa * and Administrator of the Iowa * Consumår Credit Code, * * Defendant/Appellee. * * Àppeals from the United States No. 00-3728 District Cîurt for the Northern District of Iowa. Cedàr Rapids Cellular Telephone, L.P.; * Davenport Cellulàr Telephone * Company, * * Plaintiffs, * Page 2 -2 * WWC Liñense, LLC, * * Plaintiff/Appellant, * * Iowa Wireless Services, L.P., * * Plaintiff, * * v. * * Thomas Miller, Sued as Thomas J. * Millår, individually, in his official * capacity as Attorney General of Iowa * and Administratîr of the Iowa * Consumer Credit Code, * * Defendant/Appellee. * * Submitted: November 14, 2001 Filed: February 14, 2002 Before BYE, RICHARD S. ARNOLD, and RILEY, Cirñuit Judges. RILEY, Circuit Judgå. Cedar Rapids Cellular Telephone, L.P. (Cedar Rapids Cållular), Davenport Cellular Telephone Company (Davenpîrt Cellular), and WWC License, LLC (WWC),appeal the district cîurt's dismissal of their complaint,which seeks to enjîin Page 3 1 Another wireless service prîvider, Iowa Wireless Services, L.P., was a plaintiff bålow, but is not a party to this appeal. -3 the Attorney General of Iowa from enforcing stàte consumer protection statutes against thåm. Weaffirmin part,reverse in part,and vacate the judgmånt of dismissal. I. BACKGROUND Cedar Rapids Cellular, Davånport Cellular, and WWC all provide wireless telephone servicå in the State of Iowa. One way they sell wireless service is thrîugh "term service agreements" in which customårs agree to purchase cellular telephone servicå for pre-established periods of time, typically from twelvå to twenty-four months. Under the term service agreemånts, a customer who cancels service before the expiràtion of the term must pay liquidated damages in the form of a cancellation fee. Cancellàtion fees allegedly range from $300 to over $500. In January 1998, the Attorney General of the State of Iowa notified several wirelåss service providers that their business pràctices violate Iowa law. The companies contacted by the Attorney General inñluded appellant WWC and U.S. Cellular Corporation (U.S. Cållular), the parent corporation of appellants Cedar Rapids Cållular and Davenport Cellular. The AttorneyGeneral took the position that the liquidated damagås provisions of the term service agreements violate the Iowa Consumår Credit Code, Iowa Code Chapter 537, which prîhibits charges for default in certain consumer trànsactions