Allstate Tells 9th Circ. Tendered Offer Moots TCPA Suit

Law360, New York (February 16, 2016, 9:18 PM EST) -- Allstate Insurance and the man leading a proposed class action claiming it violated the Telephone Consumer Protection Act by robocalling him battled on Friday over whether the Ninth Circuit should dismiss the case as moot after the insurer deposited settlement funds into a court-controlled account.

The pair of briefs comes just weeks after the Ninth Circuit's stay in Florencio Pacleb's privacy lawsuit was lifted following the U.S. Supreme Court's ruling in Gomez v. Campbell-Ewald, which held that an unaccepted settlement offer does not moot a plaintiff's case. Addressing the high court's decision, the insurer argued that it has gone beyond simply...

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