Winner & Jennings v. Kohl’s Department Stores, Inc. (U.S. District Court, Eastern District of Pennsylvania, Case No. 2:16-cv-01541)

In a class action complaint, Lemberg Law is representing Lynne Winner and Destiny Jennings, who are suing Kohl’s Department Stores, Inc. for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that Kohl’s Department Stores sent unauthorized telemarketing text messages to Ms. Winner’s and Ms. Jennings’ cell phones.

Kohl’s Department Stores is a retail chain with more than 1,100 stores in 49 states. The complaint outlines that the company sends automated SMS messages to cell phones to promote sales, offers, and Kohl’s services. It alleges that Kohl’s Department Stores doesn’t provide consumers with a clear disclosure that providing a phone number will result in receiving automated text messages. Moreover, the complaint alleges that Kohl’s Department Stores disregards consumer requests to stop sending text messages in violation of the TCPA.

Ms. Jennings and Ms. Winner received “KohlsALERTS” that advertised in-store and online sales and promotions – even after they texted “STOP” to cancel the texts.

The class action suit proposes two classes of people represented: 1) those in the U.S. who, between April 4, 2012 and April 4, 2016, didn’t provide Kohl’s with clear and conspicuous prior express written consent to send “KohlsALERTS” to their cell phones; and 2) those in the U.S. who, between April 4, 2012 and April 4, 2016, received one or more “KohlsALERTS” after asking Kohl’s to stop.

Update: The defendant has filed a motion to dismiss the case. That motion is pending before the court.