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Jeffrey M. Stein D.D.S.; M.S.D.; P.A., et al.v.Buccaneers Limited Partnership

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.13-15417
DecidedDecember 1, 2014
Reporter772 F.3d 698 (11th Cir. 2014)
JudgesUnited States Court of Appeals for the Eleventh Circuit; Circuit Judge Martin, Judge Eaton of the U.S. Court of International Trade, and District Judge Hinkle of the Northern District of Florida, both sitting by designation; Judge Hinkle authored the opinion
Tags
CivilConsumer ProtectionCivil ProcedureClass ActionMootnessStatutory InterpretationReversal
Case Summary

Six named plaintiffs filed a proposed nationwide class action alleging that Buccaneers Limited Partnership sent unsolicited ticket-advertising faxes to them and more than 100,000 others in violation of the Telephone Consumer Protection Act. Before the plaintiffs moved to certify the class, BLP served unaccepted Rule 68 offers promising complete individual relief, and the district court dismissed the action as moot without entering judgment or issuing an injunction. The Eleventh Circuit held that an unaccepted Rule 68 offer is withdrawn under the rule and does not moot the individual claims because the defendant had neither paid the plaintiffs nor become obligated to do so. The court also held that the proposed class action could proceed even though the offers preceded the certification motion, because the relevant relation-back inquiry turns on the complaint and the named plaintiffs had acted diligently rather than missing a deadline. Joining the majority of circuits and declining to follow a contrary Seventh Circuit approach, the court reversed the dismissal.

Opinion

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