301 Massachusetts Avenue
Indianapolis, IN 46204
317.633.5270
Free Case Evaluation

Supreme Court Hears Argument on "Spam Texts" Class Action Case

Of interest to class action lawyers is the case of Campbell-Ewald Company v. Gomez currently pending before the United States Supreme Court.

The issues presented are: whether a case becomes moot when the plaintiff receives an offer of complete relief on his or her claim; whether the answer to the first question is different if the case is a putative class action; and, whether the doctrine of derivative sovereign immunity for government contractors is restricted to property damage arising out of a public works project.

Oral argument on the matter occurred on October 14, 2005. The case arose out of an unsolicited text message that Jose Gomez received. This spam text was a violation of Federal law.

Campbell-Ewald attempted to quash the putative class action by offering Mr. Gomez the maximum offered under Federal law for spam texting -- $1500. William Riley commenting on this case stated, “This represents a dangerous approach that defendants could exploit to continue their economic wrongdoing to an entire class of individuals - while minimizing their economic risk of that wrong doing.”

Riley Williams & Piatt, LLC will continue to monitor the case and its certain impact on class action law.