Hoover v. Sears Holding Corporation (U.S. District Court, District of New Jersey, Case No. 3:16-cv-04520)
In a class action complaint, Lemberg Law is representing William Hoover, who is suing Sears Holding Corporation for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that Sears Holding Corporation bombarded Mr. Hoover’s cell phone with unauthorized telemarketing text messages as part of its “Sears Alerts Program” without his consent, in violation of the TCPA.
Mr. Hoover says that Sears sent him 68 text messages on his cell phone as part of the Sears Alert Program, which offers information about sales, offers, and other deals at Sears’ stores. He received texts that read, in part, “It’s our Columbus Day Mattress Spectacular…,” “Surprise! It’s your lucky day,” and “Winning! You’ve just scored $7 in surprise points….” The complaint says that Sears used a company called Vibes Media to send the text messages via an automated telephone dialing system.
Mr. Hoover isn’t a Sears customer, didn’t enroll in the Sears Alerts Program, and didn’t provide his consent to receive cell phone text messages from that marketing program.
The proposed class of people represented are those in the U.S. who did not provide Sears with express written consent to send cell phone text messages and who received Sears telemarketing texts between October 17, 2012 and October 17, 2016.
Update: The District Court Judge denied Sears’ motion to dismiss the class action lawsuit. In her order, the judge rejected the defendant’s factual challenge that Mr. Hoover consented to receive Sears’ texts because he consented to receive K-Mart texts and both companies are owned by Sears Holding Company. The court also declined to grant the defendant’s motion to strike Mr. Hoover’s related class claim and its motion to stay the case.