AAJ Employed Same Class Action-Fighting Strategy that it Criticized after SCOTUS Gomez Ruling

On January 20, the American Association of Justice praised the U.S. Supreme Court’s decision in Campbell-Ewald Co. v. Gomez, in which the court said businesses could not head off class actions merely by offering the lead plaintiff a settlement in the amount of full relief of his or her claims (known as a Rule 68 offer of judgment.)

Weeks prior to that statement, however, AAJ made such a Rule 68 offer to a member, Miami attorney Timothy Blake, who had filed a TCPA lawsuit against the AAJ over an alleged unsolicited fax. Blake rejected that offer, which amounted to $2,000. 

Blake says “his concern about the Rule 68 offer made to him was similar to the stance the AAJ took more than a month later,” in which the group praised the SCOTUS ruling in Gomez.

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