Campbell-Ewald v. Gomez

The Navy contracted with Campbell to develop a recruiting campaign that included text messages to young adults who had “opted in” to receipt of solicitations on topics that included Navy service. Campbell’s subcontractor generated a list of cellular phone numbers for consenting 18- to 24-year-olds and transmitted the Navy’s message to more than 100,000 recipients, including Gomez, age 40, who claims that he did not "opt in" and was not in the targeted age group. Gomez filed a class action under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227(b)(1)(A)(iii), which prohibits “using any automatic dialing system” to send text messages to cellular telephones, absent prior express consent, and seeking treble statutory damages for a willful violation. Before the deadline for a motion for class certification, Campbell proposed to settle Gomez’s individual claim and filed an FRCP 68 offer of judgment, which Gomez did not accept. The district court granted Campbell summary judgment, finding that Campbell acquired the Navy’s sovereign immunity from suit. The Ninth Circuit reversed, holding that Gomez’s case remained live but that Campbell was not entitled to derivative sovereign immunity. The Supreme Court affirmed. An unaccepted offer of judgment does not moot a case. Campbell’s settlement bid and offer of judgment, once rejected, had no continuing efficacy; the parties remained adverse. A federal contractor may be shielded from liability unless it exceeded its authority or authority was not validly conferred; the Navy authorized Campbell to send text messages only to individuals who had “opted in.” View "Campbell-Ewald v. Gomez" on Justia Law