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Kohl’s Text Messages Subject of TCPA Class Action

Kohl’s Text Messages Subject of TCPA Class Action

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On August 2, 2018, a class action complaint was filed against Kohl’s Corporation in United States District Court, Southern District of Florida, seeking, among other relief, statutory damages under the Telephone Consumer Protection Act (“TCPA”) for allegedly “harvest[ing] the cellular phone numbers of potential customers” by “advertis[ing] single-use coupons to those who text message [Kohl’s] with a keyword (e.g. ‘SAVE’).”  The TCPA class action alleged that “[w]ithout their consent, upon receipt of a coupon request, [Kohl’s] automatically opts consumers into its text messaging campaigns,” and “[b]y automatically opting consumers who are merely seeking a coupon, [Kohl’s] fails to obtain the requisite express written consent to send these consumers its marketing text message campaigns.”

According to the complaint, Kohl’s “caused thousands of unsolicited text messages to be sent to the cellular telephones of Plaintiff and Class Members, causing them injuries, including invasion of their privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion.”

In or about May 2018, according to the complaint, the Plaintiff became aware that Kohl’s was offering a discount coupon through www.dontwasteyourmoney.com.  The Plaintiff texted “SAVE” to “short code” 564-7 to receive a coupon providing a 15% discount “redeemable at kohls.com.”  The day the Plaintiff texted Kohl’s to receive the discount coupon, Kohl’s, allegedly, “caused two automated text messages to be transmitted to Plaintiff’s cellular telephone number.” One message “welcomed Plaintiff to ‘Kohl’s Mobile Sales Alerts!’,” and the other text message “provided Plaintiff with the 15% off coupon she was seeking.”

According to the complaint, Kohl’s “automatically opted Plaintiff into its text messaging marketing campaign,” and the Plaintiff received a third text message marketing/promoting Kohl’s “business, goods and services,” which “was outside the scope of the limited consent provided by Plaintiff when she texted [Kohl’s] for a single-use coupon.”

Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the TCPA.

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.