In Chen v. Allstate Ins. Co., 819 F.3d 1136 (9th Cir. 2016) (No. 13-16816), plaintiff brought a TCPA action against an insurance company. The defendant deposited $20,000 in an escrow account in full settlement of plaintiff’s individual claim. The money was to be held in escrow pending entry of a final judgment directing the payment to plaintiff. Defendant argued the tender of the amount in controversy mooted the individual claim and required dismissal of plaintiff’s class action. The district court denied the motion to dismiss, and the Ninth Circuit affirmed. First, the Ninth Circuit reaffirmed its prior decision that affording complete relief to a plaintiff on individual claims for damages and injunctive relief did not prevent that plaintiff from seeking class certification and from pursuing claims on behalf of a class. The Ninth Circuit rejected the argument that its prior decision was no longer good law in light of Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), and held that the class representative would still be able to seek certification. Second, the court held that the payment into escrow of the amount in controversy did not moot the individual claim. A claim becomes moot only when the plaintiff “actually receives all of the relief to which he or she is entitled on the claim.” Under the common law of tender, the payment of funds into escrow was insufficient to constitute actual receipt by the plaintiff. The court held “a district court should decline to enter a judgment affording complete relief on a named plaintiff’s individual claims, over the plaintiff’s objection, before the plaintiff has had a fair opportunity to move for class certification.” A live controversy persists until class certification is decided.