Supreme Court Will Address Impact of Offer of Judgment in TCPA Class Actions

Supreme Court Will Address Impact of Offer of Judgment in TCPA Class Actions

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 class claim under Federal Rule of Civil Procedure 23, but receives an offer of complete relief before any class is certified.

Supreme Court to Decide if a TCPA Class Action Can Be Mooted by a Pre-certification Offer of Judgment

Supreme Court to Decide if a TCPA Class Action Can Be Mooted by a Pre-certification Offer of Judgment

Yesterday, the United States Supreme Court accepted certiorari to review the Ninth Circuit’s decision in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), which involved a TCPA class action brought by the recipient of a text message that a contractor, defendant Campbell-Eward, sent on behalf of the U.S. Navy in May 2006.