On September 21, the Eastern District of Wisconsin denied a motion to partially dismiss a class action complaint alleging violations of the Telephone Consumer Protection Act (TCPA), holding that the Do Not Call provision of the TCPA applies to text messages.
In Reimer v. Kohl’s, Inc., the plaintiff provided his cell phone number to the defendant to receive promotional text messages. Later, the plaintiff decided to opt out of receiving text messages. In May 2022, August 2022, and October 2022, the plaintiff informed the defendant in writing that he no longer wished to receive the promotional text messages. The plaintiff also requested a copy of the defendant’s do-not-call policy. Despite the written requests, the defendant allegedly sent at least seventy-four text messages after the plaintiff’s initial May 2022 request for cessation.
