New York Appeals Court Vacates TCPA Decision on Junk Faxes
The 2nd U.S. Circuit Court of Appeals vacated and remanded a lower court judgment that said a Telephone Consumer Protection Act lawsuit brought against ZocDoc by Radha Geismann, a Missouri-based corporation, was moot after Geismann rejected a settlement offer. The…
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district court said the offer “would have afforded Geismann complete relief, notwithstanding a pending class-certification,” the New York-based appeals court said Thursday. “The court entered judgment in Geismannʹs favor in the amount and under the terms of the unaccepted offer and dismissed the action for lack of subject matter jurisdiction on the ground that it had become moot. We conclude that the settlement offer did not render the action moot and that judgment should not have been entered nor the action dismissed on that basis.” Geismann’s suit was based on two unsolicited faxes allegedly sent by ZocDoc. The lower court noted in its decision that ZocDoc offered Geismann three times as much as it sought, plus legal fees. Senior Judge Robert Sack wrote the decision for the three-judge panel.