Posts from January 2016.
Laverne v. Carr, 15-cv-693 (SAS) (S.D.N.Y. Dec. 23, 2015) Plaintiff brought suit against a credit card company, alleging the company violated the TCPA by autodialing her cell phone without consent. The calls at issue were made in conjunction with a "big box" electronic store card, which the company purchased from another entity. The company moved to compel arbitration. Granting the Motion to Compel Arbitration, the Court stated:
"Plaintiff's claim clearly falls within the scope of the Card Agreement's arbitration clause, which provides that 'all Claims are subject to ...
Posted in: Arbitration, New York
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 not moot claims. By way of background, Plaintiff filed a TCPA class action. Defendant made an a settlement offer and offer of judgment for the amount of relief the named plaintiff could obtain, then moved to dismiss the case for lack of subject matter jurisdiction when Plaintiff rejected the offers. The Majority (Justices Ginsberg, Kennedy, Breyer, Sotomayor and Kagan)
Tags: burr and forman, burr forman, class actions, settlement, Subject Matter Jurisdiction, supreme court, tcpa, tcpa addendum, TCPA blog