Appeal from the United States District Court
for the Eastern District of Kentucky at Frankfort.
No. 3:13-cv-00007—Gregory F. Van Tatenhove, District Judge.
Decided and Filed: October 27, 2016
Before: MERRITT, BATCHELDER, and ROGERS, Circuit Judges.
ROGERS, Circuit Judge. After Sean Conway filed a putative class action suit against
Portfolio Recovery Associates, LLC (“PRA”) under the Fair Debt Collection Practices Act, and
survived a 12(b)(6) motion to dismiss, PRA offered Conway judgment in his favor. Conway
decided against the offer, and shortly after it expired, PRA once again moved to dismiss, this
time arguing that, as PRA had offered Conway all the relief he sought, there was no longer a live
case or controversy before the court. Heeding the then-governing precedent of this court, the
district court dismissed the case for lack of subject matter jurisdiction and entered judgment in
Conway’s favor, over his objections. Conway now appeals. Because the intervening Supreme
Court decision in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), squarely resolves the
central issue of this appeal, and because we have jurisdiction to say so, the district court’s
dismissal and judgment must be set aside.