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Kohl’s has been named in a new class action lawsuit alleging the retailer sent unwanted and annoying text messages to consumers in violation of the Telephone Consumer Protection Act (TCPA).
According to the Kohl’s TCPA class action lawsuit, the lead plaintiff Gabriela Urias unknowingly opted in to “Kohl’s Mobile Sales Alerts!” when she attempted to access a 15 percent off coupon for the store.
The plaintiff says that she and thousands of other consumers attempting to access a single use coupon were included in the marketing program that resulted in unwanted text messages.
The Kohl’s class action lawsuit alleges that in addition to subjecting thousands of consumers to unwanted text messages advertising its sales, the company also used an automatic dialer in violation of the TCPA.
The Telephone Consumer Protection Act, or TCPA, is meant to protect consumers from annoying or harassing advertisements from retailers and other companies. The Act does not allow companies to contact consumers by phone without permission.
Further, companies are prohibited from using automatic dialers (ATDS) or recorded messages. The TCPA also limits the use of fax advertisements and established the “Do Not Call” list.
“The impersonal and generic nature of Defendant’s text messages establishes that Defendant utilized an ATDS to transmit the messages,” argues the Kohl’s unwanted text class action lawsuit.
Further, the Kohl’s TCPA class action lawsuit points out that the text messages were sent using a “short code,” or a standard 5-digit code that companies use to send mass text messages.
“To send the text messages, Defendant used a messaging platform that permitted Defendant to transmit thousands of automated text messages without any human involvement,” alleges the Kohl’s class action lawsuit. “The platform utilized by Defendant has the capacity to store numbers using a random or sequential generator and to dial sequentially or randomly at the time the call is made, and to dial such numbers, en masse, in an automated fashion without human intervention.”
The plaintiff says that the thousands of automatically generated and sent advertisement text messages violated the TCPA and also caused consumers harm, including privacy violations, annoyance, trespass, and conversion.
According to the Kohl’s advertising text message class action lawsuit, the plaintiff and other consumers are responsible for paying for messages and data on their phones. The messages also use up valuable time and energy.
The Kohl’s TCPA class action lawsuit seeks to represent a nationwide Class of consumers who have received the unwanted text messages from the retailer within the past four years.
According to the Kohl’s class action lawsuit, the plaintiff and proposed Class are entitled to damages under the TCPA. Statutory fines under the TCPA can reach $1,500 per violation. Additionally, the plaintiff seeks a court order stopping Kohl’s from using an automatic dialing system and sending unwanted text messages.
The plaintiff is represented by Manuel S. Hiraldo of Hiraldo PA, and Ignacio J. Hiraldo of IJH Law.
The Kohl’s Advertising Text Messages Class Action Lawsuit is Urias v. Kohl’s Corporation, Case No. 0:18-cv-61800-RNS, in the U.S. District Court for the Southern District of Florida.
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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.
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