Jeffrey M. Stein D.D.S., et al. v. Buccaneers Limited Partnership, No. 13-15417 (11th Cir. 2014)Annotate this Case
Plaintiffs filed a proposed class action in Florida state court against BLP, alleging that BLP sent unsolicited faxes in violation of the Telephone Consumer Protection Act, 47 U.S.C. 227(b)(1)(C), and its implementing regulations. BLP removed to federal court and BLP served each named plaintiff an offer of judgment under Federal Rule of Civil Procedure 68. BLP then moved to dismiss for lack of jurisdiction, asserting that the unaccepted Rule 68 offers rendered the case moot. The court concluded that a plaintiff's individual claim is not mooted by an unaccepted Rule 68 offer of judgment, and a proffer that moots a named plaintiff's individual claim does not moot a class action in circumstances like those presented in this case, even if the proffer comes before the plaintiff has moved to certify the class. Accordingly, the court reversed the district court's dismissal of the action.