Kohl’s Department Store Alleged TCPA Violations

Kohl’s department store is facing allegations that it violates the Telephone Consumer Protection Act (TCPA) by using an automatic-capable dialer to send unsolicited text messages to plaintiffs and consumers nationwide, even after consumers have withdrawn their consent. Attorneys are investigating complaints of Kohl’s unsolicited messages and may seek to file Kohl’s TCPA violation lawsuits.

Telephone Consumer Protection Act (TCPA)

The TCPA, originally enacted 1991, was intended to protect consumers from the dreaded onslaught of dinner-time telemarketers, but much has changed since then:

• Marketing has evolved to include mobile telephones and new media;
• Traditionally more conservative institutions, like banks, have stepped aggressively into the sale of financial products; and
• Criminal enterprises have gone cyber To adapt to these changes, the definition of what a TCPA violation is has evolved to include:
• Automated dialing, especially if an artificial voice clicks on;
• Text or fax spamming;
• Contacting customers without providing a choice to opt out of future contact, calls to individuals who have asked not to be contacted and cold robocalls;
• Calling numbers on the "Do Not Call" Registry;
• Calling before 8:00 AM or after 9:00 PM; and
• Failing to identify the company making the call.

There are some circumstances where, if a company has prior written consent from a customer, it can call or text a customer. For example, with consent, a bank may legitimately call or text a customer about suspicions of a data breach, potentially nefarious account activity or that the customer’s checking account has a low balance.

Still the telemarketers persist and evolve. In 2013 and 2014, the Federal Communications Commission received roughly 5,000 or 6,000 consumer complaints about calls to mobile telephones per month, a continuing consumer concern.

Kohl’s TCPA Lawsuit

Kohl’s Department Stores has faced allegations that it violated the TCPA by using an automatic-capable dialer to send unsolicited text messages to plaintiffs and consumers nationwide, even after consumers have withdrawn their consent.

According to a 2016 complaint made against Kohl’s, a customer in Ocean County, NJ, consented to receive automated commercial text messages. Later, she withdrew her consent and notified Kohl’s on multiple occasions to stop sending her commercial text messages. However, Kohl’s refused to stop sending her texts, claiming that the only way that she could withdraw her consent to receive unwanted texts was to text “STOP.”

Telemarketing Lawsuit Settlements

Since 2012, many companies have settled TCPA class action lawsuits, including AT&T for $45 million; MetLife for $23 million; Papa John's Pizza for $16 million; and Walgreen's Pharmacy for $11 million.

In addition to retailers settling TCPA claims, a number of financial institutions and banks have settled TCPA lawsuits as well. Some of the financial services companies that have agreed to multimillion-dollar payouts to settle TCPA claims include Chase for $34 million; Citizens Bank for $4.5 million; and Bank of America for $1 million.

Kohl TCPA Violations Legal Help

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Last updated on Sep-11-17