Class Action Telephone Consumer Protection Act

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
News & Analysis as of

Victoria’s Secret hit with TCPA class action for text messages

Last week, Victoria’s Secret was hit with a class action in California alleging that the lingerie company sent Michael Hannegan almost 100 texts in one day in violation of the Telephone Consumer Protection Act (TCPA)....more

Supreme Court Holds that Rejected Rule 68 Offer of Judgment Does Not Moot Class Action

On January 20, 2016, the United States Supreme Court rejected a strategy recently used by some defendants to defeat class actions in their infancy. In Campbell-Ewald Co. v. Gomez, No. 14-857 (2016), a majority of the Court...more

What Does Campbell-Ewald Mean for Your Business?

A recent ruling by the United States Supreme Court held that a defendant cannot terminate a putative class action by offering the representative plaintiff complete relief, rejecting some courts’ dismissals of class action...more

Consumer & Class Action Litigation Newsletter - January 2016

Plaintiff's Attempts to Turn Alleged "Clicking" and "Dead Air" into a TCPA Violation Rejected - Norman v. AllianceOne Receivables Mgmt., Inc., No. 15-1780, 2015 WL 9286778 (7th Cir. Dec. 22, 2015) - The Seventh...more

Dialing-In: TCPA Hot Issues for 2016

The year 2015 saw a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). However, unsettled law continues to place a compliance burden on companies that communicate with consumers by...more

Supreme Court Holds Offer of Settlement/Judgment Does Not Moot Claims Under Certain Circumstances

Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 WL 228345 (U.S. Jan. 20, 2016) In a much anticipated decision, a majority of the United States Supreme Court held that unaccepted offers of full judgment and settlement do...more

What Companies Can Expect After Campbell-Ewald

May defendants moot a putative class action by merely offering complete relief to the putative class representative? The U.S. Supreme Court says no, and the decision may have profound implications on class actions for years...more

Unaccepted Rule 68 Offer Does Not Moot Plaintiff's Claims, SCOTUS Rules

The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more

Unaccepted Offer to Satisfy Named Plaintiff's Individual Claim Does Not Render Case Moot

The U.S. Supreme Court in Campbell-Ewald Co. v Gomez (Jan. 20, 2016, No. 14-857) 2016 US Lexis 846, 2016 WL 228345, held that an unaccepted offer to settle the named plaintiff's individual claim in a putative class action...more

Picked Off:  The Supreme Court Rejects The Mooting Effect of Unaccepted Offers of Judgment and Settlement

A seemingly innocuous recruitment text message from the United States Navy has led to the official unraveling of a tactic long-used and widely-favored by defendants to escape a class action lawsuit before class certification....more

An Unaccepted Offer of Judgment Won’t Moot a (Class) Claim

In Campbell-Ewald Co. v. Gomez, 577 U.S. ___ (2016), the Supreme Court held that an unaccepted offer of judgment under Federal Rule of Civil Procedure 68 does not moot a named plaintiff’s claim, and, therefore, the named...more

Supreme Court Rejects One Strategy for Defeating Class and Collective Actions

In recent years, one tactic for attempting to defeat wage and hour class and collective action lawsuits class action lawsuits has been to offer the named plaintiffs full relief for their individual claims in the case. Even if...more

Supreme Court Sustains TCPA Plaintiff’s Claim Following an Unaccepted Settlement Offer

On January 20, 2016, the U.S. Supreme Court handed down its ruling in Campbell-Ewald Co. v. Gomez, where it was considering whether a plaintiff seeking damages under the Telephone Consumer Protection Act (“TCPA”) is able to...more

U.S. Supreme Court Rules That Unaccepted Settlement Offers and Offers of Judgment Can't End Consumer Class Action Lawsuits

Last week, the U.S. Supreme Court limited a tool that defendants had used to settle costly class action litigation through settlement offers and offers of judgment. In the case of Campbell-Ewald v. Gomez, the Court held that...more

Supreme Court: Settlement Offers Do Not Moot Class Actions, But…

The United States Supreme Court on Wednesday resolved the long-standing circuit split on whether an offer to satisfy the named plaintiff’s individual claims is sufficient to render a case moot when the complaint seeks relief...more

Is there a silver lining for defendants in the recent class action decision by the Supreme Court?

On January 20, 2016, the U.S. Supreme Court issued an opinion in Campbell-Ewald Co. v. Gomez, 577 U.S. __ (2016), holding that an unaccepted offer of judgment made by a defendant pursuant to Rule 68 of the Federal Rules of...more

Supreme Court’s Holding on Unaccepted Pre-Certification Offers of Judgment Resolves Some Issues, But Dissenting Justices Reveal a...

As reported by our colleagues in a recent client alert (see U.S. Supreme Court Rules Unaccepted Offer of Judgment Does Not Moot Class Claims, Reed Smith Client Alert No. 16-025 (Jan. 22, 2016)), the United States Supreme...more

SCOTUS: Unaccepted Settlements and Judgment Offers Don't Moot a Plaintiff's Case

The U.S. Supreme Court held Tuesday in a 6-3 decision in Campbell-Ewald Company v. Jose Gomez that an unaccepted settlement offer or offer of judgment does not moot a plaintiff's case. In this case, the U.S. Navy contracted...more

It Is Not All Bad News from the Supreme Court in Campbell-Ewald v. Gomez

In a recent clash between contract principles and the mootness doctrine, contract principles won. Relying on traditional contract principles, the U.S. Supreme Court issued a 6–3 decision on January 20, holding that an...more

Supreme Court Holds for Plaintiff on Rule 68 Issue, but Suggests Alternatives for Mootness

In a 6-3 decision on January 20, the U.S. Supreme Court provided clarity regarding the impact of Rule 68 offers of judgment and settlement offers in class actions by issuing its eagerly awaited decision in Campbell-Ewald Co....more

U.S. Supreme Court Closes One Door to Mooting a Plaintiff’s Claims, but Potentially Opens Another

On January 20, 2016, the United States Supreme Court issued its decision in Campbell-Ewald Company v. Gomez, No. 14–857 (Jan. 20, 2016), holding that a defendant cannot moot a plaintiff’s claim under Article III of the U.S....more

U.S. Supreme Court Rules Unaccepted Offer of Judgment Does Not Moot Class Claims

The United States Supreme Court further removed a valuable tool from class action defendants’ arsenals January 20, 2016, ruling 6-3 that a class action cannot be mooted by an offer of judgment conferring full relief to an...more

Supreme Court Rejects Class Action "Pick-Off" Defense Strategy

Class and collective action claims involve a named plaintiff who files the action on behalf of himself or herself, along with a class of similarly situated individuals. In the employment context, a typical collective action...more

US Supreme Court Hands Down Long-Awaited Decision in Campbell-Ewald v. Gomez

Court holds that offers of full relief, without more, do not moot claims brought by named plaintiffs in putative class actions in federal court. On January 20, the US Supreme Court issued its long-awaited decision in...more

U.S. Supreme Court Rules That an Unaccepted Settlement Offer or Offer of Judgment Does Not Moot a Plaintiff’s Individual or Class...

Action Item: The U.S. Supreme Court clarifies the split among the circuits and holds that an unaccepted Federal Rule of Civil Procedure 68 offer and unaccepted settlement offer neither moots an individual or class claim. But...more

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