JCPenney Settlement Class Members Being Contacted

Class Members in a JCPenney settlement that ends allegations the retailer violated federal law by sending unwanted text messages are reportedly receiving text messages notifying them about details of the settlement.

“This is a Court-ordered notice from the Southern District of New York regarding the Hernandez v. J.C. Penney Company, Inc.,” reads the JCPenny payment notice text message.

“A class settlement has been negotiated that may affect your rights. To learn more about this proposed settlement and receive your $10.00 Merchandise Certificate, please reply to this text message with your email address, and a more detailed notice will be emailed to you.”

The message goes on to reassure recipients that the text message informing them of the JCPenney payment is not spam and provides contact information for the settlement administrator and an option to stop receiving the messages.

JCPenney was hit with a class action lawsuit in 2018 alleging the company sent unwanted text messages to consumers. The complaint claimed that the messages were sent in violation of the Telephone Consumer Protection Act, or TCPA.

The TCPA is a federal law that was enacted to stymie the use of telemarketing, including by phone and fax. The Act was expanded to include messages sent by text. The law is meant to protect consumers’ personal privacy and to shield them from constant harassment by advertisers.

Under the TCPA, companies are prohibited from sending advertising messages or telemarketing without first obtaining the express written consent of the recipient of the call, text, or fax.

Fines for violating the TCPA are steep, ranging from $500 to $1,500 per violation. This means that a company found to be in violation of the TCPA can face a fine for each and every text, call, or fax it made contrary to the law, potentially amounting to thousands or even millions of dollars if multiple messages were sent to many consumers.

Consumers can file lawsuits against companies for TCPA violations, including class action lawsuits on behalf of others who may have been harassed by the same messages.

According to the class action lawsuit, JCPenney violated the TCPA with repeated, unwanted texts sent to consumers who shopped in the store.

The lead plaintiff says that she was subject to more than 100 unwanted texts after providing her cell phone number to a sales clerk after checking out of the store in 2016.

The complaint alleged that these unwanted texts included information about sales and price drops on specific items.

The plaintiff said that she and other consumers did not want these messages and had not consented to receive them.

The lawsuit describes the text messages as “unwanted, annoying, and a nuisance,” also contended that the advertising text messages were a widespread practice by the company.

The JCPenny class action lawsuit sought to represent other consumers who received unwanted text messages from JCPenney between approximately 2014 through 2018.

The plaintiff was seeking statutory damages on behalf of the Class, along with costs and fees.

The company refused to admit any wrongdoing, but agreed to a JCPenney settlement to end claims made in the class action lawsuit.

Under the terms of the settlement, Class Members are eligible to receive a $10 voucher or merchandise certificate to the store. The voucher can be used online or in brick-and-mortar retail locations.

The JCPenney payment will be delivered via text message or email, according to the settlement notice. It will expire 90 days after it is issued, according to the settlement notice.

Class Members will be identified through JCPenney’s records, including consumers who received more than eight text messages from the store, exceeding the terms and conditions of their text message service.

The settlement notice indicates that Class Members will be automatically entered into the settlement. Class Members who wish to opt out of or object to the settlement must do so by June 26, 2020.

The final hearing in the JCPenney settlement is scheduled for July 28, 2020.

In addition to offering a $10 voucher to each Class Member, JCPenny has also agreed to pay $750,000 in attorneys’ fees and costs as well as $5,000 to the lead plaintiff in the class action lawsuit.

Have you received a text message about the JCPenney settlement? Let us know what happened in the comments section below!

Plaintiffs are represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The JCPenney Unwanted Text Messages Class Action Lawsuit is Hernandez v. J.C. Penney Company Inc., Case No. 1:18-cv-05759, in the U.S. District Court for the Southern District of New York.

Join a Free TCPA Class Action Lawsuit Investigation

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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