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SCOTUS Eliminates Potential Vehicle for Thwarting Class Actions

In a case that’s being considered a significant blow to big companies, the U.S. Supreme Court held that a class action against a telemarketing firm could proceed despite the firm’s offer to pay the main plaintiff the maximum amount he could collect if he won the case. So reports The Wall Street Journal.

As a result of the Court’s decision, the telemarketing company, Campbell-Ewald, faces a suit that could cost it hundreds of thousands of dollars for violating the federal Telephone Consumer Protection Act by texting people who hadn’t approved such communications.

Pursuant to the Act, each person who received those texts stands to collect $1,500. Campbell-Ewald offered the main plaintiff $1,500, but he refused. An attorney for the U.S. Chamber of Commerce argues that because Campbell-Ewald merely made an offer that wasn’t accepted, the decision still allows companies to quash a class action by depositing a check, payable to the main plaintiff, for damages into an account. 

Read the full article from The Wall Street Journal.  

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