Improper Robocall Consent Revocation Lets Kohl’s Off the Rack

Kohl’s Department Stores Inc. dodged a class action complaint alleging that the Wisconsin-based retail chain sent unauthorized robocall telemarketing text messages to consumers (Winner v. Kohl’s Dep’t Stores, Inc., 2017 BL 288598, E.D. Pa., No. 16-1541, motion to dismiss granted 8/17/17).

The case clarifies the Federal Communications Commission’s “reasonable means” standard for revocation of consent under the Telephone Consumer Protection Act by showing that courts will hold consumers to companies’ fact-specific requirements for revoking consent to receive telemarketing calls and texts.

In June, a federal appeals court similarly held that consumers can’t unilaterally revoke their consent to receive ...