Kohl's Scores Big Win in TCPA Case

In Viggiano v. Kohl’s Department Stores, Inc., plaintiff Amy Viggiano alleged that Kohl's sent her unsolicited text messages after she had opted-out from receiving previous messages. Viggiano replied to the marketing messages by saying, “I’ve changed my mind and don’t want to receive these anymore,” “Please do not send any further messages,” and “I don’t want these message anymore. This is your last warning!” The terms and conditions that she accepted when she originally opted-in included the following language: "To stop receiving future Text Messages from Kohl’s pursuant to the Kohl’s Mobile Sales Alerts Program, you can text any of the following commands to 56457: STOP, CANCEL, QUIT, UNSUBSCRIBE, END." Learn about the laws related to texting cell phones.

The court ruled that because Viggiano didn't include the right opt-out wording in her texts, "Plaintiff has not plausibly pled a TCPA violation". The defendant's motion to dismiss was granted. Read the court's opinion here. Learn more about telemarketing to cell phones, telemarketing rules, do-not-call regulations and telemarketing compliance. Contact a TCPA lawyer if you find yourself involved in a telemarketing lawsuit.

FTC Obtains Court Order Shutting Down Debt Collection Business

The FTC has obtained a court order against a company that was allegedly deceiving consumers by convincing them that they owed false debts. According to the complaint, the callers would act like lawyers from debt collection agencies and demand that the call recipients send in money to settle the debts. Included in the court order is a $702,059 judgment against the defendants. Read more about this FTC order here.