Oh, the irony. In Shamblin v. Obama for America, 2014 WL 5780458 (M.D.Fla. 2014), Judge Covington allowed a class action to proceed, and not be mooted by a Rule 68 offer, as described as follows:
In her August 14, 2014, Second Amended Complaint, Shamblin contends that “despite the prohibition of robocalls to cell phones, and the FCC’s reminder that such calls are illegal, President Obama’s principal campaign committee, [D]efendant Obama for America, with the assistance and participation of [D]efendant DNC Services Corporation … and New Partners Consulting, Inc., called voter cell phones with both auto-dialed and pre-recorded calls urging the recipients to vote for Barack Obama in the 2012 presidential election.” ( Id. at ¶ 2). Shamblin alleges that Defendants violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, “by calling voters’ cell phones with auto-dialed calls and pre-recorded messages.” ( Id. at ¶ 21). Specifically, Shamblin contends, “beginning in September 2012 and continuing up to the November 2012 election, Defendants initiated unsolicited auto-dialed telephone calls to plaintiff Shamblin’s cellular telephone number. When [P]laintiff Shamblin did not answer the call, Defendants’ pre-recorded message was left on her cellular telephone’s voice mail system.” ( Id. at ¶ 22).