FRCP

In Gomez v. Campbell–Ewald Co., --- F.3d ----, 2014 WL 4654478 (9th Cir. 2014), the Court of Appeals for the 9th Circuit reversed the district court's summary judgment in favor of a TCPA defendant marketing company. The message was the result of collaboration between the Navy and the Campbell–Ewald Company,FN1 a marketing consultant hired by the Navy to develop and execute a… Read More

In Jacobson v. Credit Control Services, Inc., 2014 WL 4636449 (D.Colo. 2014), Judge Daniel found that a Defendant's Rule 68 Offer mooted the FDCPA case. A majority of circuits have accepted Defendant's argument that an Offer of Judgment for the full relief to which a plaintiff is entitled may moot a case. See Lucero v. Bureau of Collection Recovery, Inc., 639 F.3d… Read More

In Chulick–Perez v. Carmax Auto Superstores California, LLC, 2014 WL 2154479 (E.D.Cal. 2014), Judge Nunley granted a car dealer's motion to dismiss a Plaintiff's claim that a dealer's used-vehicle certification program violated Song-Beverly, the CLRA and the UCL.  The facts were as follows: On December 16, 2011, Plaintiff Michelle Chulick–Perez (hereinafter “Plaintiff”) bought a 2003 BMW X5 (hereinafter “the vehicle”) from… Read More

In Diaz v. First American Buyers’ Protection Corp., -- F.3d – (9th Cir. 2013), the Court of Appeals for the Ninth Circuit held that an unaccepted Rule 68 offer to a class-plaintiff on an individual basis did not moot the claim, holding that an unaccepted Rule 68 offer that would fully satisfy a plaintiff's claim is insufficient to render the… Read More

In Knutson v. Schwan's Home Service, Inc., 2013 WL 4774763 (S.D.Cal. 2013), Judge Curiel certified a TCPA class action in what appears to be the first TCPA class certified within the 9th Circuit outside of the “single source” context. Schwan's is in the business of delivering frozen foods to residential customers. From November 2008 through November 13, 2011, Schwan's contracted… Read More

In Craftwood II, Inc. v. v. Tomy Intern., Inc., 2013 WL 3756485 (C.D.Cal. 2013), Judge Carter rejected the use of the FRCP 68 device made to the individual class-representative to moot a TCPA class action after Genesis.  Defendant’s counsel sent Plaintiff a settlement offer. “In order to end this litigation now,” Tomy offered Plaintiff $1,500 for each faxed advertisement that… Read More

In Keim v. ADF MidAtlantic, LLC, 2013 WL 3717737 (S.D.Fla. 2013), Judge Marra allowed a rule an FRCP 68 Offer to moot a Plaintiff's TCPA class action. Plaintiff seeks statutory damages at $500.00 per text message for negligent violations of the Act, statutory damages of up to $1,500.00 per text message for each willful violation of the Act, an injunction requiring Defendants… Read More

In Masters v. Wells Fargo, 2013 WL 3713492 (W.D. Tex. 2013), here, Judge Sparks found that a Rule 68 Offer in a TCPA Class Action – that was amended in a reply brief to accommodate additional calls alleged by the named Plaintiff – mooted a Plaintiff’s individual claim and requiring dismissal of the Plaintiff’s class action. Masters's Response makes much… Read More

In Chen v. Allstate Ins. Co., 2013 WL 2558012 (N.D.Cal. 2013), Judge Hamilton found a Rule 68 offer insufficient to moot a TCPA plaintiff’s federal law suit, and found an ‘unintended recipient’ of calls to her cellular telephone pleaded sufficient facts to state a claim under the TCPA.  The facts were as follows: Plaintiff Richard Chen (“Chen”) filed the original… Read More