Frankel v. United States

FTC “Robocall Challenge” Contest; Disappointed Entrant; Breach of Contract Claim; Standard of Review; Effect of Exculpatory Clauses in Contest Rules; Summary Judgment.

OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

WHEELER, Judge. 2

This ease arises from a contest, the “Robo-call Challenge,” sponsored by the Federal Trade Commission (“FTC”) to develop a solution to the consumer problem of automated “roboealls.” Plaintiff David Frankel submitted an entry in the contest, and believes that his proposed solution was superior to the two winning submissions. Mr. Frankel’s claim is based upon…