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Offer of Judgment

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District Court (Colo.) Says Rule 68 Offer Moots FDCPA Case under “Majority Rule”

by Scott J. Hyman |

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

District Court (Cal.) Finds that Rule 68 Offer Did Not Moot FDCPA Class Claims; Denies Plaintiff’s Motion to Strike “Offset” and “Good Faith” Affirmative Defenses

by Scott J. Hyman |

In Jacobson v. Persolve, LLC, 2014 WL 4090809 (N.D.Cal. 2014), Judge Koh found an FDCPA class-action defendant’s Rule 68 offer to the class representative did not moot either the Action or the represenative’s ability to bring class claims. The Court agrees with Persolve that Plaintiff's Motion to Strike Persolve's Offer of Judgment is procedurally improper. Persolve's Offer of Judgment was… Read More

2d Circuit Holds that Formality of a Rule 68 Offer Not Required to Moot Plaintiff’s FDCPA Claim

by Scott J. Hyman |

In Doyle v. Midland Credit Management, Inc., --- F.3d ----, 2013 WL 3242148 (2d Cir. 2013), the Second Circuit Court of Appeals found that no formal Rule 68 offer was required to moot a Plaintiff’s FDCPA case when the Defendant made an offer that would have fully satisfied the Plaintiff’s damages. Doyle contends that the district court erred in dismissing… Read More