In recent years, defendants facing a consumer class action have attempted to moot the class action by making an offer of judgment that would give complete relief to the individually-named plaintiffs. The Eleventh Circuit rejected that strategy in Jeffrey Stein, D.D.S., M.S.D., P.A. v. Buccaneers Ltd. Partnership, Case No. 13-15417 (decided Dec. 1, 2014). In the Stein case, six plaintiffs filed a proposed class action alleging that they had received unsolicited faxes from the defendant in violation of the Telephone Consumer Protection Act. That statute imposes statutory damages of $500 per violation, which can be trebled. After removing the case… Read more