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Campbell Ewald Company v. Gomez Case Study

Facts of the case Campbell Ewald Company v. Gomez

We will discuss the case of Campbell Ewald Company v. Gomez. The United Nations navy made a contract with the Campbell Ewald Company, who is the petitioner in the present case. The Contract was made to develop a multimedia recruiting campaign. And that includes sending of text messages to young adults. Campbell Ewald Company v. Gomez case study.

And it is only for those individuals who had “opted in’ to receipt of marketing solicitations on topics that included Navy Service. Thereafter Campbell Subcontractor Mindmatics LLC created the record of cellular telephone numbers. However, these phone number contains 18 – 24 years old users who have consented. Thereafter transmitted the Navi Messages to above 10,000 recipients.

Role of Respondent in Campbell Ewald Company v. Gomez

In this case, Campbell Ewald Company v. Gomez, the Respondent’s name Jose Gomez also included in the recipient’s name. Respondent Jose Gomez contended that he did not consent to receive text messages. He has 40 years old and not in the Nave targeted age group. Therefore, the Respondent filed a nationwide class action against the Petitioner for violating the Telephone Consumer Protection Act, 47 U.S.C. 227 (b)(1)(A)(iii). He sought statutory damages for TCPA violation and injunction against the Petitioner involvement in unsolicited messaging. Campbell Ewald Company v. Gomez case study.

Petitioner  Campbell proposed to settle the Respondent claim before the deadline to file a motion for the class certification. Campbell filed an offer of judgement pursuant to federal of Civil Procedure 68. Respondent did not accept the offer. And allowed the rule 68 submission to lapse on the expiration of the time specified in the rule. Campbell – the Petitioner then moved to dismiss the case pursuant to Rule 12 (b)(1) for lack of subject matter jurisdiction. Campbell argued that it’s offer mooted Gomez’s individual claim by providing him with complete relief. Next, Campbell argued that Gomez’s failure to move for the class certification before his individual claim became moot caused the putative class claims to become moot as well.

District Court Order

The District Court dismissed the motion. After limited discovery, the district court granted Campbell’s motion for summary judgement. The court relies on Yearsley Vs. W.A. Ross Constr. Co., 309 U. S. 18. The court held that Campbell as a contractor acting on the Navy’s behalf acquired the Navy’s Sovereign immunity from suit under TPCA. The Ninth Circuit reversed the judgement. It agreed that Gomez’s case remained live but concluded that  Campbell was not entitled to “derivative sovereign immunity” under Yearsley or on any other basis.

Not entitled for immunity

There is no settlement offer in operation. The parties remained adverse and both remained the same stake in the litigation they had at the outset. Neither rule 68 nor railroad tax cases California v. San Pablo & Tulare R. Co. support the argument that an unacceptable settlement offer can moot a complaint. Campbell’s status as a federal contractor does not entitle it to immunity from suit for its violation of the TCPA.

As long as the parties continue to have a concrete interest in the outcome of the litigation at hand, the case is not moot. The Court also held that government contractors only get protection for actions they take pursuant to their contractual undertakings. When a contractor violates both federal law and the government’s express instructions, as occurred in this case, there is no immunity.

In his concurrence in the judgment, Justice Clarence Thomas wrote that, because the common law of tendering offers dictates that an unaccepted offer, without more, is not binding and Rule 68 of the Federal Rules of Civil Procedure stemmed from this common law history, the majority opinion did not need to examine contract law to reach this conclusion.

Judges Opinion

Chief Justice John G. Roberts, Jr. wrote a disagreement in which he asserted that, once relief for the plaintiffs’ claims is accessible, the plaintiffs no longer have a personal stake in the result of the litigation, and there is no longer an exact case or dispute for the federal courts to decide. Justice Roberts also argued that there was Supreme Court precedent proving that the plaintiff’s receiving of the offer was not required to moot the case.

However, the fact that failure to take an offer makes the offer null in contract law has no bearing on the analysis of whether the case remains an actual case or controversy under Article III. Hence, Justice Antonin Scalia and Justice Samuel A. Alito, Jr. joined in the disagreement. Justice Alito also wrote a separate dissent in which he argued that a case is moot when there is no dispute as to whether the defendant would “make good” on the settlement offer if the case were dismissed. Because there was no such dispute, in this case, the case was moot.


In the present case Campbell Ewald Company v. Gomez, An unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case, so the District Court retained jurisdiction to adjudicate Gomez’s complaint.

Gomez’s complaint was not effaced by Campbell’s unaccepted offer to satisfy his individual claim. As per the principles of Contract Law, Rule 68 and Campbell settlement bid-offer of judgement, once rejected, had no continuing efficacy.

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