SmartBrief
Confirm favorite deletion?
Consumer Law Keyed to Pridgen, 5th Ed.
Campbell-Ewald Co. v. Jose Gomez
Citation:
136 S. Ct. 663 (2016)Facts
The United States Navy contracted with Campbell-Ewald Company beginning in 2000 to develop multimedia recruiting campaigns. In 2005-2006, Campbell proposed a text message campaign targeting young adults aged eighteen to twenty-four, which the Navy approved with the explicit condition that messages only be sent to individuals who had opted in to receive marketing solicitations about Navy service. Campbell subcontracted with Mindmatics LLC to generate a list of cellular phone numbers and transmit the recruiting message. In May 2006, Mindmatics sent the Navy’s recruiting text message to over one hundred thousand recipients, including Jose Gomez, who was nearly forty years old and alleged he never consented to receiving such messages. Before the deadline for class certification, Campbell made both a freestanding settlement offer and a Rule 68 offer of judgment proposing to pay Gomez $1,503 per message plus costs, which would satisfy his individual treble damages claim, though the offer denied liability and did not include attorney’s fees. Gomez rejected the offer, which lapsed after fourteen days.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.