J.C. Penney Hit with Class Action Lawsuit Over Robocalls

By on March 28, 2011

A class action lawsuit has been filed in U.S. District Court for the Eastern District of California alleging that J.C. Penney placed robocalls to customer cellphones without consent, in violation of federal law.  The plaintiff seeks $500 in statutory damages for every call J.C. Penney made to every class plaintiff and a court order prohibiting J.C. Penney from making similar calls in the future.

J.C. Penney’s actions violate the Telephone Consumer Protection Act of 1991 (TCPA), the lawsuit states, which prohibits autodialed calls with recorded or automated messages to cellphones, except in emergencies or when the recipient of the call has given prior consent to receive automated cellphone calls.

In a 2008 declaratory ruling, the Federal Communications Commission, which regulates the TCPA, extended the ban on automated calls to cellphones and calls for debt collection.

The action discussed here was not filed by Milberg.

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