Damasco v. Clearwire Corp.

Dist. Ct. did not err in dismissing plaintiff's class action alleging that defendant violated Telephone Consumer Protection Act by sending unsolicited text messages where record showed that defendant tendered full-relief offer to plaintiff prior to plaintiff moving for class certification. Defendant's offer of full relief rendered instant controversy moot. Ct. rejected plaintiff's argument that mootness doctrine should not apply in circumstances where plaintiff did not have "reasonable opportunity" to seek class certification prior to tender of full-relief offer.