The Supreme Court has ruled that a company cannot terminate class action litigation by strategically making a settlement offer of full relief to individual plaintiffs. The case, Campbell-Ewald Co. v. Gomez, involved a consumer who refused to drop his Telephone Consumer Protection Act lawsuit in exchange for such an offer. The defendant company argued that the offer, which exceeded the statutory damages under the TCPA, mooted his case. The Justices disagreed, ruling 6-3 that "an unaccepted settlement offer has no force. Like other unaccepted contract offers, it creates no lasting right or obligation." EPIC routinely works to protect consumer privacy interests in class action settlements.
Share this page:
EPIC relies on support from individual donors to pursue our work.
Subscribe to the EPIC Alert
The EPIC Alert is a biweekly newsletter highlighting emerging privacy issues.
In Defense of Women: Memoirs of an Unrepentant Advocate by Nancy Gertner