Fulton Dental, LLC v. Bisco, Inc.

Federal 7th Circuit Court
Civil Court
Class Action
Citation
Case Number: 
No. 16-3574
Decision Date: 
June 20, 2017
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed and remanded

Dist. Ct. erred in dismissing instant class action alleging violation of Telephone Consumer Protection Act, where defendant made $3,600 deposit with Dist. Ct. under Rule 67 and argued that said deposit on behalf of plaintiff’s class representative satisfied any potential monetary claim representative had with respect to his individual lawsuit, and thus served to moot representative’s individual claim. Instant unaccepted offer to settle case, accompanied by payment intended to provide full compensation into registry of court under Rule 67 did not moot representative’s claim, especially where: (1) deposit into court registry did not give plaintiff unfettered access to said money; and (2) plaintiff was attempting to obtain recovery on his own claim, as well as recovery as class representative that was not addressed in instant deposit.