November 26, 2014 Case Digest
Posted on November 26, 2014
In Mey v. Frontier, plaintiff filed a putative class action, alleging that defendant violated the TCPA by calling her cell phone with a dialer and without consent. After plaintiff failed to accept defendant’s offer to settle plaintiff’s individual claims for the maximum statutory damages, defendant moved to dismiss, arguing the plaintiff’s individual claims were moot. The court denied the motion, finding that an offer of settlement, as opposed to an offer of judgment under Federal Rule of Civil Procedure 68, does not moot a claim even when it proposed to afford plaintiff everything she is asking for.