TCPA Class Action Survives Defendant’s Attempt to Pick off the Named Class Member By Deposit

Can a named class representative continue to represent a putative TCPA class action even after a Defendant pays the Plaintiff the highest amount he/she could possibly recover on their individual claim? That question was left open in the U.S. Supreme Court’s decision in  Campbell-Ewald Co. v. Gomez,136 S. Ct. 663 (2016) but was answered  affirmatively by a district court in Maryland last week in Boger v. Trinity Heating & Air, Inc., Case No. 17-77292018 WL 6050886 (D. Md. Nov. 16, 2018.)

Setting the stage. Supreme Court precedent counsels that a named class representative must have standing at all stages of the litigation. Black letter law also dictates that an uncertified class is not a legal entity capable of pursuing a claim on its own. So if a named class representative’s claim is mooted, the entire action–including the class components–should go away.

At least in theory.

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