NEW YORK (Legal Newsline) – A Bronx County resident has filed a class-action lawsuit against a department store over allegations it sent her promotional text messages without her consent.
Janimary Hernandez, on behalf of herself and all others similarly situated, filed a complaint on June 26 in the U.S. District Court for the Southern District of New York against J.C. Penney Co. Inc. over alleged violation of the Telephone Consumer Protection Act.
According to the complaint, Hernandez alleges that in December 2016, after making her purchase and receiving her discount at defendant's store, she allegedly began receiving promotional and marketing text messages on her mobile phone. She alleges she consented when a retail associate asked if she would provide her phone number and email address for a discount but did not consent to receiving text messages.
As a result, Hernandez claims the messages were disruptive and diminished her usage and enjoyment of her phone.
The plaintiff holds J.C. Penney Co. Inc. responsible because the defendant allegedly used an automated telephone texting system to send unsolicited and unauthorized marketing texts to various cellular phones without prior express consent.
The plaintiff requests a trial by jury and seeks statutory or treble damages, prejudgment interest, award of attorney's fees, expenses, costs of suit, and such other and further relief as the court deems just and proper. She is represented by C.K. Lee of Lee Litigation Group PLLC in New York.
U.S. District Court for the Southern District of New York case number 1:18-cv-05759-PKC