TCPA “Pick Off” Play – Supreme Court to Consider Whether a Settlement Offer to Named Plaintiff Moots Class Action

TCPA “Pick Off” Play – Supreme Court to Consider Whether a Settlement Offer to Named Plaintiff Moots Class Action

The Supreme Court will decide whether a defendant can “pick off” the named plaintiff in a Telephone Consumer Protection Act (TCPA) class action – and moot the putative class claims – by making a Rule 68 offer of judgment before the putative class representative files a motion for class certification.