So earlier this week we celebrated Brittany–i.e. the Baroness– reaching one full year working for me.
Amazing how fast the time passes. Yet it is amazing how big an impact she has had so quickly.
Multiple huge wins. And everyone feels like they know her already.
Plus she’s a nationally-recognized “go to thought leader.”
Remarkable.
Even more remarkable is her attitude:
“One year down.. forever to go.”
-Brittany Andres on working for the Czar
I love that.
She exudes such loyalty and gratitude. Simply a perfect person to build around. So so fortunate to have had her at my side as we embarked on this incredible adventure– we started the firm together for goodness sake!
Just amazing.
In other news… check out this new filing against Kohl’s. Kohl’s Complaint
Guy signs up for Kohl’s messages. Allegedly decides he does not want to receive them anymore.
So what does he do?
In May 2022, “Plaintiff sent a written correspondence to Defendant (1) stating he no longer wished to receive telephonic communications from Defendant, including text messages; and (2) requesting a copy of Defendant’s Do Not Call Policy.”
Texts continue.
In August 2022, “frustrated with Defendant’s unwanted text messages, Plaintiff sent a second written request to Defendant (1) again stating he no longer wished to receive telephonic communications from Defendant, including text messages; and (2) again requesting a copy of Defendant’s Do Not Call Policy.”
Texts continue.
In October 2022, disturbed by Defendant’s continuing text messages, Plaintiff sent a third written request to Defendant (1) again stating he no longer wished to receive telephonic communications from Defendant, including text messages; and (2) again requesting a copy of Defendant’s Do Not Call Policy.
“Astonishingly,” texts continue.
So he files a class action seeking millions from Kohl’s.
I mean, come on.
The only actually astonishing thing here is that the guy didn’t just text “stop” but instead decided to CLEARLY set up a TCPA lawsuit by evading the “stop” functionality and sending a letter to–who knows where.
Suits like this are such scams in my opinion. Pains me that Kohl’s has to deal with this nonsense.
Plaintiff wants to represent a class of: All individuals in the United States (1) to whom Defendant, or a third party acting on Defendant’s behalf, sent, or caused to be sent, a text message; (2) directed to a cellular telephone number; (3) that is registered on the National DoNot-Call Registry; (4) in which the purpose of the text was to market Defendant’s products or merchandise; (5) without the individual’s written consent; (6) within the four years preceding the date of the original complaint through the date of class certification
Notice this is a “no consent” class and not a revocation class so I dont even think the guy is an adequate rep. What a mess.
One interesting thing to pay attention to though is that Plaintiff–a Virginia resident–is suing Kohl’s in Wisconsin under Virginia law.
Specifically Virginia law requires a texter communicating for marketing purposes to disclose the name of the individual sending a text. Plaintiff claims Kohl’s violated §59.1-512 of the VTPPA, which provides:
A telephone solicitor who makes a telephone solicitation call shall identify
himself by his first and last names and the name of the person on whose behalf
the telephone solicitation call is being made promptly upon making contact with
the called person.
Will be fascinating to see how the Court deals with this provision–as there is no real case law on the subject yet.
We’ll keep an eye on this.
And you keep an eye on Brittany. She’s amazing.