In Brady v. Basic Research, L.L.C., 2016 WL 462916, at *2 (E.D.N.Y., 2016), Judge Feuerstein denied a TCPA Defendant’s efforts to tender around Campbell-Ewald.
As Defendants’ seek Rule 67(a) permission to deposit funds into court to moot this case arid not to relieve themselves of the burden of administering an asset, and given the Supreme Court’s directive that “a would-be class representative with a live claim of her own must be accorded a fair opportunity to show that certification is warranted, Gomez at *11 (emphasis added), the Court finds that granting the Defendants’ Rule 67(a) Motion is not warranted.