Impact of Campbell-Ewald On Class Action Litigation

In January the Supreme Court, in a split decision, held that defendant Campbell-Ewald did not do enough to moot plaintiff Jose Gomez’s case by offering him $1503 compensation for sending him an unsolicited text message, and that his failure to accept the offer created neither a contract nor a Federal Rule of Civil Procedure 68 judgment. According to the majority, Mr. Gomez still stood to gain from litigating his claim, including his claim to represent a putative class. In a Today’s General Counsel article, attorney Joshua David Rogaczewski looks at this case, Campbell-Ewald Company v. Gomez, and its implications.