Class Action Claims Kohl’s Automatically Opts Consumers into Text Message Campaigns Without Consent

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action filed in Florida claims Kohl’s Corporation has violated federal law by sending automated text message advertisements to consumers’ cell phones without first obtaining their prior express consent.

According to the complaint, the retailer baits individuals by offering them single-use coupons if they send a text message with the keyword “SAVE” to the defendant’s short code phone number. Kohl's then automatically enrolls consumers who text "SAVE" into its text message advertisement campaign, the lawsuit alleges. The plaintiff in the case claims she texted the defendant in late-May 2018 in response to an online third-party advertisement offering her a 15-percent-off Kohl’s coupon. The woman says she then received a reply from the company informing her that she had been enrolled in “Kohl’s Mobile Sales Alerts!” program despite never having agreed to sign up, the suit explains.

On June 14, 2018, the case continues, the plaintiff allegedly received a text message advertisement from the company that was sent using an automatic telephone dialing system (ATDS) for non-emergency purposes:

“At no point in time did Plaintiff provide Defendant with her express consent to be contacted by text messages using an ATDS,” the case reads, adding that the company’s practice of sending these messages without the recipients’ consent violates the Telephone Consumer Protection Act.