skip to main content

August 12, 2015

Stroock Special Bulletin

By: Julia B. Strickland, Stephen J. Newman, Brian C. Frontino

Vacating the district court’s dismissal of a claim for violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”), the Seventh Circuit reversed course, putting an end in that Circuit to the strategy of obtaining dismissal based on a complete-relief Federal Rule of Civil Procedure 68 offer of judgment.  Chapman v. First Index, Inc., 2015 U.S. App. LEXIS 13767 (7th Cir. 2015).  In so holding, the Seventh Circuit aligned itself with Justice Kagan’s dissent in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523, 1532-37, 185 L. Ed. 2d 636 (2013), which reasoned that an expired and unaccepted offer of judgment does not satisfy the Supreme Court’s definition of mootness because relief remains possible.