JC Penney Can't Escape TCPA Class Action Over Robo-Texts

Law360, Chicago (June 14, 2013, 6:26 PM EDT) -- A California federal judge on Thursday rejected J.C. Penney Co. Inc.’s bid to toss a proposed class action accusing the retailer of peppering consumers with unsolicited text messages, finding the plaintiff had made a reasonable case that the texts came from an automated system.

In a brief order, U.S. District Judge Irma E. Gonzalez denied J.C. Penney’s motion to dismiss the case, which alleges violations of the Telephone Consumer Protection Act predicated on the use of an “automatic telephone dialing system.”

“Because this court must construe...
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Case Information

Case Title

Maier v. J.C. Penney Corporation, Inc. et al

Case Number



California Southern

Nature of Suit

Other Statutory Actions


Cynthia Bashant

Date Filed

January 20, 2013

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