Clearwire Deal Offer Killed TCPA Action: 7th Circ.

Law360, New York (November 18, 2011, 8:07 PM ET) -- The Seventh Circuit on Friday upheld a lower court's ruling that a proposed class action accusing broadband provider Clearwire Corp. of sending unsolicited text messages was mooted by a settlement the company offered the lead plaintiff before he had moved for certification.

A three-judge panel affirmed an Illinois federal court's order dismissing the Telephone Consumer Protection Act suit brought by Jerome Damasco. Clearwire sent out unsolicited text messages promoting open sales representative positions at the company, according to Damasco.

The dispute centered on a letter Clearwire...
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