A class action lawsuit was filed on January 12, 2017 by plaintiff Amy Viggiano, who claims that Kohl’s allegedly violated the Telephone Consumer Protection Act (TCPA) by sending her unwanted text messages. She is seeking up to $1500 per TCPA violation as well as financial compensation for attorney’s cost and fees. The complaint specifically states that Kohl’s “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 text messages were first allowed by the plaintiff. When she decided to unsubscribe, she replied via text message “I’ve changed my mind and don’t want to receive these anymore.” After receiving another text message, the plaintiff replied “Please do not send any further messages.” Her following and final text message read “I don’t want these messages anymore. This is your last warning.”
In a motion to dismiss the allegations, Kohl’s admits to receiving those text messages from the plaintiff but points out that there was an opt-out method available. By texting “STOP” the text messages would have been discontinued. This action is what the plaintiff references as “exclusive means.” Each time the plaintiff would attempt to cancel the unwanted text messages, the automated system would reply “Sorry we don’t understand the request! Text SAVE to join mobile alerts. Msg.&DataRatesMayApply. Receive 5-7 msgs/mon. Reply HELP for help, STOP to cancel.”
The Federal Communications Commission (FCC) has previously ruled that consumers have the right to withdraw consent by using any reasonable method: orally or written. What has yet to be determined is whether or not the the plaintiff’s method of withdrawing consent will be deemed “reasonable”. How the New Jersey federal court judges on this issue may set precedent for future TCPA lawsuits and push companies to rethink their automated messaging systems
The TCPA clearly states that consumers are protected against unwanted phone calls or text messages after they have withdrawn their consent to receive such contact. The act also prohibits the use of an automated dialing system (ATDS) to leave pre recorded voicemails or send text messages. Collection agencies and marketers alike have been found guilty of violating TCPA. You may be eligible to receive between $500 and $1500 per TCPA violation. Put an end to the harassing calls and messages when you contact the Law Offices of Jibrael S. Hindi.
It is important you know that your rights are protected. Millions of dollars have been recovered for consumers just like you through TCPA. An experienced Florida TCPA attorney with The Law Offices of Jibrael S. Hindi can analyze the details of your case and pursue legal action. Contact (844)-JIBRAEL to speak to a TCPA lawyer today! You owe us nothing until you get paid!