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Can a Rule 68 offer of judgment that offers complete relief to the named plaintiff in a putative class action moot the entire case? While federal courts continue to reach different conclusions, the Supreme Court may finally weigh in

One tactic often used with varying degrees of success to thwart putative class actions brought under various federal statutes is to file an early offer of judgment under Rule 68 that provides the named plaintiff or plaintiffs complete relief in an effort to moot the putative class claims at the inception of a class case.

FCC Seeks Comment on a Controversial Rule and on a Petition Filed by Spencer Fane Britt & Browne

The Federal Communications Commission (“FCC”) has solicited public comment on its rule that requires certain opt-out language on faxes for which the recipients have agreed to receive. If the language is not included, the fax sender is subject to statutory damages.  Seizing on this rule, class action lawsuits have proliferated.  In these lawsuits, plaintiffs are seeking statutory damages—millions of dollars in damages—for engaging in consensual communications.

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