United States Ninth Circuit

In a class action, alleging that defendant made unsolicited phone calls to plaintiff's cell phone in violation of the Telephone Consumer Protection Act, the district court's denial of defendant's motion to dismiss as moot is affirmed where: 1) plaintiffs can still seek class certification even if he receives complete relief on his individual claims for damages and injunctive relief; and 2) plaintiff's individual claims were not yet moot because plaintiff had not yet actually received relief.

Appellate Information

• Published 2016/04/12

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel