Offer of Judgment

01/30/2014

Court Denies J.C. Penney Co. Motion to Dismiss TCPA Suit

A proposed class action lawsuit against J.C. Penny Co. Inc. over spam text messages will continue after a California federal judge rejected J.C. Penny’s attempt to use an offer of judgment to moot the lawsuit. Plaintiff Tracy Maier sued J.C. Penny Co. in January 2013 for violations of the Telephone Consumer Protection Act (TCPA).  Maier had received unsolicited text messages from the retailer after signing up for J.C. Penney’s online rewards program and providing her cellphone number in the process.  The... Read More