Buslepp v. Improv Miami, Inc., No. 12-601771-CIV, 2012 WL 4919809 (S.D. Fla. Oct. 16, 2012) Plaintiff filed a purported class action, contending that Defendant, which promotes and hosts events at its comedy club, sent unsolicited commercial text messages to potential customers using an automatic telephone dialing system (ATDS) and without prior express consent in violation of the TCPA. Plaintiff moved for summary judgment on his individual claims, which Defendant opposed contending Plaintiff failed to establish the elements of a claim under the TCPA. Noting that the TCPA ...
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 ...