Kohl's Is "Willfully Ignoring" Shopper Requests, New Lawsuit Claims
The retailer is being sued over its promotional text messages.
Department stores have been suffering immensely over the last few years, leading to the near extinction of many iconic retailers such as Kmart and Sears. Kohl's, on the other hand, has just barely managed to escape the fate that many of its rivals have met. To further prevent this, the popular department chain has recently been working on a major transformation to better connect to consumers. But Kohl's doesn't appear to be in the best standing with some of its shoppers right now, according to a new lawsuit. Read on to find out why the retailer is currently being sued for "willfully ignoring" shopper requests.
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Kohl's is being hit with a new lawsuit.
Kohl's is now coming under fire for how it communicates with consumers. On May 11, Plaintiff Ruhi Reimer filed a new class action lawsuit against the retailer in the U.S. District Court for the Eastern District of Wisconsin. Reimer claims that Kohl's is violating the Telephone Consumer Protection Act (TCPA) by sending unwanted promotional text messages to certain people, according to Top Class Actions.
Best Life has reached out to Kohl's about this new suit, and we will update this story with their response.
The retailer says shoppers can opt-out of promotional text messages.
Kohl's sends promotional text messages to consumers who sign up for the retailer's Mobile Sales Alerts. This is a recurring service where participants receive automated texts that may contain "mobile alerts relating to Kohl's marketing and promotional events, order and product information, and abandoned cart reminders," the company states on its website. "The maximum number of messages you will receive per month will vary based on the program that you have enrolled in."
But you should be able to opt out of getting these texts if you decide you no longer want them, according to Kohl's SMS Alerts guidelines. To stop the promotional messages, the retailer says that consumers can text STOP to KOHLS, email its technical department, or call an 866 number. "After doing so, you will receive confirmation of your opt-out, and thereafter, you will no longer receive any Kohl's messages," the company explains on its website.
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But the plaintiff claims the requests are "willfully ignored."
Reimer is accusing Kohl's of not following its own terms, however. According to his class action, the retailer allegedly still continues to send promotional text messages to consumers that have sent opt-out requests. Reimer claims that alongside his number being listed on the National Do Not Call Registry, he has attempted to stop the alerts but has been ignored by Kohl's—resulting in him receiving at least 74 unwanted texts from the retailer.
"Defendant willfully ignored Plaintiff's requests that Defendant cease telephonic communications with Plaintiff and continued sending invasive promotional text messages to Plaintiff's cellular phone number," the suit states, per Top Class Actions.
The suit accuses Kohl's of violating consumer privacy.
Reimer is looking to represent consumers nationwide through his lawsuit, covering anyone on the National Do Not Call Registry who has received a promotional text message from Kohl's without given written consent. As a result of the unwanted messages, he is arguing that Kohl's has created a nuisance, invading his privacy, wasted his time, and heightened his risk of personal injury due to potential distraction, Top Class Actions reported.
According to the legal news outlet, companies are prohibited from texting consumers once they've opted out of alerts as a result of the TCPA. "Federal law requires businesses to maintain an internal 'do-not-call' list and honor any opt-out requests they receive," Top Class Actions explains. "Failure to comply with TCPA can result in steep damages—up to $1,500 per text message—owed to consumers who receive unsolicited text messages."
