Campbell-Ewald Co. v. Gomez
Campbell-Ewald Co. v. Gomez, 577 U.S. ___ (2016), was a case in which the Supreme Court of the United States clarified whether a case becomes moot when a party provides a settlement offer that satisfies a named plaintiff's claims in a class action suit and whether a government contractor is entitled to "derivative sovereign immunity". Background Telephone Consumer Protection Act The Telephone Consumer Protection Act of 1991 prohibits individuals from sending unsolicited telephonic communications. Specifically, the Act prohibits individuals from "mak[ing] any call" or "using any automatic telephone dialing system" to contact a telephone number assigned to a cellular telephone service without the prior consent. A text message is considered the equivalent of a "call" under the Act. Private citizens may file a lawsuit against individuals who violate the act. If successful, plaintiffs may recover $500 for each violation or their "actual monetary loss" (whichever is greater), and damages may be tripled if the defendant "knowingly" or "willfully" violated the Act. Gomez's class action claim In the year 2000, the United States Navy contracted with the Campbell-Ewald marketing company to develop a multimedia military recruiting campaign. Beginning in 2005, Campbell proposed a campaign where young adults would receive text messages;