Lidenbaum v. Realgy, LLC, 2020 WL 6361915 (N.D. Ohio Oct. 29, 2020)
Pending before the Court was a class action lawsuit, contending Defendants violated the Telephone Consumer Protection Act, 47 § U.S.C. 227 (“TCPA”). Defendants filed a Motion to Dismiss under Fed.R.Civ.P. 12(b)(1), contending that the Court lacked subject matter jurisdiction over Plaintiffs’ claims because they arose during a time that the TCPA included a “government-debt” exception, which exempted calls made to collect a debt owed or guaranteed by the United States held to be unconstitutional in ...
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)