Fulton Dental, LLC v. Bisco, Inc.

WOOD, Chief Judge.

In recent years, the Supreme Court has twice addressed the question whether an unaccepted offer to a person seeking to represent a class is capable of mooting either the putative representative’s claim or the claims of the class as a whole. See Campbell-Ewald Co. v. Gomez, — U.S. -, 136 S.Ct. 663, 193 L.Ed.2d 571 (2016); Genesis Healthcare Corp. v. Symczyk, 569 U.S. 66, 133 S.Ct. 1523, 185 L.Ed.2d 636 (2013). The case now before us presents yet another variation on that theme. Our putative class representative, Fulton Dental, LLC, received an unsolicited fax from Bisco,…