The U.S. Supreme Court will decide whether a defendant’s offer to pay a plaintiff’s complete claim moots the plaintiff’s individual claim and class action claims when it reviews a Telephone Consumer Protection Act case, according to Bloomberg BNA.
In a 2013 case, Genesis Healthcare Corp v. Symczyk, a majority of the court assumed, without deciding, that when a plaintiff declines an offer that completely satisfies a claim that it would moot the individual’s claim, Bloomberg reported.
Prof. Adam Steinman said the Genesis Healthcare case provides some perspective for how the nation’s top court may decide in TCPA.
“It seems clear that the four dissenting justices in Genesis will conclude that an unaccepted offer of complete relief will not
moot the case for purposes of Article III,” he told Bloomberg BNA. “The thing to watch for is whether the Genesis dissenters can persuade at least one justice in the Genesis majority to join them on that point.”
