Class Action: Kohl's Sent Text Messages Without Prior Consent

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From New Jersey comes a proposed class action claiming Kohl’s Department Stores, Inc. “clearly and unequivocally” violated the Telephone Consumer Protection Act (TCPA) by sending millions of text messages to consumers’ cell phones – using an automatic telephone dialing system – without permission.

The plaintiff claims she, at first, gave the defendant consent to send her text messages but then withdrew that consent, informing Kohl’s multiple times that she no longer wished to receive any communications. According to the lawsuit, the texts continued – even after Kohl’s allegedly informed the plaintiff that the only way she could cease receiving the messages was to text the word “STOP” to the defendant.