Campbell-Ewald Co. v. Jose Gomez
United States Supreme Court
136 S. Ct. 663 (2016)
- Written by Mary Phelan D'Isa, JD
Facts
Jose Gomez, a putative class-action lead plaintiff, sued the Campbell-Ewald Company, (Campbell) (defendant), a nationwide advertising and marketing agency for violations of the Telephone Consumer Protection Act (TCPA) regarding a recruiting text-message campaign on behalf of the United States Navy. Specifically, Gomez alleged that he—and potentially many others like him—had not opted in to receive such text messages under the TCPA. Before Gomez moved for class certification, Campbell, without admitting liability, tendered a settlement offer of judgment pursuant to Federal Rule of Civil Procedure 68. Gomez let the offer expire without accepting it, and Campbell then moved to dismiss the case for lack of subject-matter jurisdiction. Campbell argued that its offer mooted Gomez’s individual claim by providing him with complete relief and that in turn mooted the putative class members’ claims. The district court dismissed Campbell’s motion, and the Ninth Circuit affirmed. Campbell then sought and was granted certiorari in the United States Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Ginsburg, J.)
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