![]() The settlement notice indicates that Class Members will be automatically entered into the settlement. It will expire 90 days after it is issued, according to the settlement notice.Ĭlass Members will be identified through JCPenney’s records, including consumers who received more than eight text messages from the store, exceeding the terms and conditions of their text message service. The JCPenney payment will be delivered via text message or email, according to the settlement notice. The voucher can be used online or in brick-and-mortar retail locations. Under the terms of the settlement, Class Members are eligible to receive a $10 voucher or merchandise certificate to the store. The company refused to admit any wrongdoing, but agreed to a JCPenney settlement to end claims made in the class action lawsuit. The plaintiff was seeking statutory damages on behalf of the Class, along with costs and fees. The JCPenny class action lawsuit sought to represent other consumers who received unwanted text messages from JCPenney between approximately 2014 through 2018. The lawsuit describes the text messages as “unwanted, annoying, and a nuisance,” also contended that the advertising text messages were a widespread practice by the company. This means that a company found to be in violation of the TCPA can face a fine for each and every text, call, or fax it made contrary to the law, potentially amounting to thousands or even millions of dollars if multiple messages were sent to many consumers. Under the TCPA, companies are prohibited from sending advertising messages or telemarketing without first obtaining the express written consent of the recipient of the call, text, or fax.įines for violating the TCPA are steep, ranging from $500 to $1,500 per violation. ![]() The law is meant to protect consumers’ personal privacy and to shield them from constant harassment by advertisers. The Act was expanded to include messages sent by text. The TCPA is a federal law that was enacted to stymie the use of telemarketing, including by phone and fax. The complaint claimed that the messages were sent in violation of the Telephone Consumer Protection Act, or TCPA. JCPenney was hit with a class action lawsuit in 2018 alleging the company sent unwanted text messages to consumers. The message goes on to reassure recipients that the text message informing them of the JCPenney payment is not spam and provides contact information for the settlement administrator and an option to stop receiving the messages. ![]()
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