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January 21, 2016

Attorney Notes ‘Silver Lining’ in Yesterday’s Campbell-Ewald Co. v Gomez SCOTUS Ruling

The U.S. Supreme Court yesterday ruled 6-3 in favor of a plaintiff in a Telephone Consumer Protection Act (TCPA) class-action who was offered “the maximum amount he could win in the case” but litigated regardless.

The decision in Campbell-Ewald Co. v Gomez may dampen a strategy companies “hoped would fend off class-action lawsuits under laws that set damages when the consumer can’t prove economic harm,” reports the Wall Street Journal.

Attorney Theodore Boutrous, who filed an amicus brief for the U.S. Chamber, noted a “silver lining” in that the “majority focused on the very technical fact that this was an offer that had not been accepted.” This, he said, left open the question of whether the defendant company “could quash the case by depositing a check for damages into an account payable” to the plaintiff.

Read the full story here.

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