ETS defends putative class action alleging transmission of facsimile advertisements lacking adequate "opt out" language
Clients Educational Testing Service
Jones Day is representing Educational Testing Service in a putative class action alleging the transmission of facsimile advertisements allegedly lacking adequate "opt out" language. Currently pending before the court are Educational Testing Service’s motion to dismiss the plaintiff’s operative complaint and a motion to dismiss the case for lack of subject matter jurisdiction in light of Educational Testing Service’s satisfaction of plaintiff’s individual claim through a Rule 68 offer of judgment for full relief.
Bais Yaakov of Spring Valley v. Houghton Mifflin Harcourt Publishers, Inc., No. 7:13-cv-4577 (S.D.N.Y.)