Today, in a 6-3 decision, the Supreme Court of the United States held in Campbell-Ewald Co. v. Gomez that an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case. As previously discussed, the Supreme Court granted a petition for a writ of certiorari on May 18, 2015 and heard arguments in
Moot
A Sign of Things to Come for TCPA Defendants?
By Jason C. Gavejian on
Posted in Telephone Consumer Protection Act
In a recent ruling, the Seventh Circuit abandoned its previous stance as to whether a complete offer of judgment prior to the filing of a class certification motion would moot a class action brought pursuant to the Telephone Consumer Protection Act (TCPA).
In 2009, the plaintiff, Arnold Chapman, brought a class action alleging First…
Supreme Court Will Address Impact of Offer of Judgment in TCPA Class Actions
By Jason C. Gavejian on
Posted in Telephone Consumer Protection Act
On May 18, 2015, the United States Supreme Court granted a petition for a writ of certiorari to address (1) whether a case becomes moot when the plaintiff receives an offer of complete relief on his claim and (2) whether the answer to the first question is any different when the plaintiff has asserted a…