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October 14, 2015

SCOTUS Hears TCPA Case In Which Plaintiff Offered Settlement, But Keeps Suing Anyway

Today, the U.S. Supreme Court will hear a case in which the lead plaintiff in a Telephone Consumer Protection Act (TCPA) class-action lawsuit “is offered everything he wants but litigates regardless.”

Campbell-Ewald Co. v. Gomez involves a plaintiff, Mr. Gomez, who along with 100,000 other people, received a marketing recruitment text message from the U.S. Navy. Three years after receiving the text, Mr. Gomez sued the Navy’s marketing contractor, saying the message violated the TCPA.

Before the class was certified by the court, the company offered Gomez a settlement, which included “full relief on his claims—$1,503 per text message as well as some additional benefits.” Mr. Gomez rejected the offer and continued suing.

“While Mr. Gomez didn’t stand to get anything more himself, his lawyers stood to reap a windfall with every additional plaintiff,” reports the Wall Street Journal.

Read the full story here.

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