Class Action News

Escrow Deposit, Certified Check Don’t Moot Class Claims

June 6, 2016, 9:05 PM

Campbell-Ewald Co.'s attempts to moot a putative TCPA class action by sending the lead plaintiff a certified check and depositing funds with the court were rejected by the Central District of California (Gomez v. Campbell-Ewald Co., 2016 BL 180371, C.D. Cal., 10-2007, 6/3/16).

Under neither tactic has plaintiff Jose Gomez “actually received” complete relief on his claims that the company sent him unsolicited text messages in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227, Judge Dolly M. Gee of the U.S. District Court for the Central District of California said in a...

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