JC Penney Can't Shake TCPA Suit Over Robo-Texts

Law360, New York (January 22, 2014, 5:51 PM EST) -- A California federal judge Wednesday rejected J.C. Penney Co. Inc.’s attempt to dodge a proposed class action accusing the retailer of peppering consumers with unsolicited text messages, finding that the retailer's previous offer of judgment does not moot the lawsuit.

Judge Janis L. Sammartino denied J.C. Penney’s motion to dismiss the lawsuit for lack of subject matter jurisdiction. In the suit filed in January 2013, Tracy Maier alleged the retailer sent text messages to her cellphone without her consent, in violation of the Telephone Consumer Protection...
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