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."

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.

Wednesday, December 13, 2017







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