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Campbell-Ewald Can't Nix TCPA Suit With Cash, Judge Says

Law360, New York (June 3, 2016, 8:05 PM EDT) -- Campbell-Ewald Co.’s latest bid to end a man’s unsolicited text message lawsuit before reaching the class certification stage, this time by actually tendering him the money, was shot down Friday by a California federal judge who found it didn’t jibe with recent Ninth Circuit precedent.

The Telephone Consumer Protection Act lawsuit brought by Jose Gomez made it all the way to the U.S. Supreme Court, where the justices ruled in January that unaccepted settlement offers — which Campbell-Ewald had used to try and eliminate the named plaintiff, and with it, the broader class action — have no force. What the court...

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March 19, 2010

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