Drazen v. GoDaddy.com, LLC, No. 21-10199 (11th Cir. July 27, 2022)
Plaintiffs’ Claims and Allegations
Plaintiff’s claims, and those advanced in two separately filed class action lawsuits alleging violation of the TCPA by making unsolicited promotional/marketing communications, were consolidated after which time the Parties entered into settlement negotiations. Thereafter, Plaintiffs submitted a proposed class settlement agreement defining the class as: All persons within the United States who received a call or text message to his or her cellular telephone from ...
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)
Jeffrey M. Stein, D.D.S., M.S.D., P.A., et al. v. Buccaneers Limited Partnership, No. 8:13-cv-02136-SDM-AEP (Oct. 24, 2013) Three dentists, a pest control service and two other alleged recipients of unsolicited faxes selling football tickets filed a class action Complaint against the Tampa Buccaneers for allegedly violating the TCPA. Within three days of removing the case to federal court, Defendant made an offer of judgment under Rule 68 to each Plaintiff. Two days later, Defendant moved to dismiss the Complaint, advocating the absence of an Article III "case or controversy ...
3081 Main Street, LLC d/b/a New England Wine & Spirits v. Business Owners Liab. Team LLC d/b/a Bolt Ins. Agency, No. 3:11-cv-1320 (SRU), 2012 WL 4755048 (D. Conn. Sept. 24, 2012) Pending before the court was a Motion for Class certification and for Stay of Motion for Class Certification. Recognizing that class certification is only appropriate if the court is satisfied, after a rigorous analysis, that the prerequisites of Rule 23(a) have been satisfied, the court concluded that such analysis was impracticable because Plaintiff filed the Motion for Class Certification before any ...
Buslepp v. B & B Entertainment, LLC, No. 12-60089-CIV, 2012 WL 4761509 (S.D. Fla. Oct. 5, 2012) Plaintiff's claims in this purported class action arose out of a contention that he received unsolicited commercial text message solicitations from an adult night club. Both Plaintiff and Defendant moved for summary judgment. Defendant argued that its Rule 68 Offer of a $6,000 Judgment mooted Plaintiff's claims. The court rejected this argument for two reasons: (1) The offer was silent with respect to Plaintiff's claim for injunctive relief, and, as such, did not afford full relief; and ...
A proposed settlement has been reached in a class action filed against Jiffy Lube relating to 2.3 million marketing text messages allegedly sent on April 21, 2010. Pursuant to the terms of the settlement class members will be provided with certificates for goods/services valued up to $46,844,780.00, with a cash redemption value up to $35,133,585.00. The settlement also proposes that class counsel receive up to 366,300 certificates (with a cash equivalent of $4,750,000, representing approximately 13.51 percent of the cash value made available to the class).