Kohl’s Class Action Alleges Text Spam Violations

A class action lawsuit alleges that Kohl’s violates the Telephone Consumer Protection Act by sending unwanted text messages and requiring consumers to text back “STOP” to cancel them.

The Kohl’s class action says the department store chain “sent millions of text messages to consumers after purporting to designate the exclusive means by which consumers may withdraw consent to receive such messages.”

The complaint asserts that this conduct is in violation of the Telephone Consumer Protection Act (TCPA).

Plaintiff Amy Viggiano states that in 2016 she allowed Kohl’s to send her text messages.

Viggaino claims that she later changed her mind, and informed the department store chain multiple times that she did not want to receive any more texts.

For example, Viggiano says she texted Kohl’s “please do not send me any further messages.”

However, Kohl’s continued to send Viggiano text messages, because she did not text “STOP” to that phone number.

The Kohl’s text spam class action lawsuit states that the TCPA protects consumers from unwanted calls and text messages.

The complaint cites an order from the Federal Communications Commission which holds that “[c]onsumers have the right to revoke consent [to unwanted texts or calls], using any reasonable method including orally or in writing.”

The complaint states that the TCPA allows consumers to receive up to $500 in statutory damages per violation, or up to $1,500 if the violations are “willful.”

The complaint asserts that Kohl’s actions are willful, “Defendant has designated a single, unreasonably restrictive, means by which a consumer may revoke consent to receive unwanted text messages – specifically, Defendant contends that consumers may only withdraw their consent to receive text messages by sending the word ‘STOP’ to Defendant.”

The Kohl’s spam text lawsuit requests certification of a Class of “[a]ll persons in the Untied States to whom Defendant has sent any automated commercial text message during the applicable statute of limitations period after designating an exclusive means by which consumers may revoke consent to receive text messages from Defendant.”

The Class seeks statutory damages for each negligent and willful violation of the TCPA, as well as an injunction “prohibiting such conduct in the future.”

“Defendant is liable to the Class for more than $100,000,000,” according to the complaint.

Viggiano is represented by Mark W. Morris and Gerald H. Clark of the Clark Law Firm PC.

The Kohl’s Unwanted Text Class Action Lawsuit is Amy Viggiano v. Kohl’s Department Stores Inc., Case No. 3:17-cv-00243, in the U.S. District Court for the District of New Jersey.

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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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