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

By Lance Duroni (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 and draw all reasonable inferences from factual allegations in favor of the nonmoving party… the...

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