Kohl’s Repeatedly Called Woman’s Cellphone Despite Pleas to Stop, Lawsuit Says

Kohl’s was hit with a lawsuit alleging that the retailer violated the Telephone Consumer Protection Act (TCPA) by persistently placing robocalls to her cellphone, despite repeated explanations that she was not the intended recipient and requests to place her on the company’s do not call list.

According to the Kohl’s TCPA lawsuit, beginning in Nov. 2013 and continuing until Dec. 2015, Kohl’s placed unwanted cell phone calls to plaintiff Shannon C.’s number on a repetitive and continuous basis.

The unwanted cell phone calls, intended for Shannon’s ex-boyfriend, originated from an automatic telephone dialing system and contained prerecorded messages, according to the TCPA lawsuit.

When Shannon answered the calls — which were sometimes received at a rate of two to three times a day — she was given two options: press one if she was the intended caller, or press two if she was not. Despite repeatedly choosing the second option, Shannon claims she continued to receive unwanted cell phone calls from the Wisconsin-based retailer.

In November 2014 and January 2015, Shannon says she spoke with actual Kohl’s representatives explaining that they had the wrong number, and asking them to please stop calling and to place her information on the do not call list.

While the Kohl’s representative, allegedly contacted in January 2015, acknowledged the mistake and said that Shannon’s phone number would be placed on the do not call list, Shannon says she continued to receive calls intended for her ex-boyfriend.

By filing the TCPA lawsuit, Shannon is seeking statutory damages of $500 per telephone call in violation of the Telephone Consumer Protection Act (TCPA). However, the Kohl’s TCPA lawsuit notes that it is possible Shannon could receive up to $1,500 per call if a jury determines Kohl’s willfully or knowingly violated TCPA.

The Kohl’s TCPA Lawsuit is Case No. 1:16-cv-00108-CCC in the U.S. District Court for the Middle District of Pennsylvania.

About the Telephone Consumer Protection Act

The TCPA is a federal statute which prohibits certain automated calls, texts and faxes sent by telemarketers and others. The law is implemented by regulations from the Federal Communications Commission (FCC).   The TCPA allows victims of illegal calls to collect damages of a minimum of $500 per illegal call, text or fax.

Although the TCPA has been around since 1991, the FCC frequently updates its regulations to match changes in technologies and to better protect consumers from abusive telemarketing or debt collection practices. New regulations went into effect in 2013 which radically increase consumer protection by requiring that telemarketers obtain a consumer’s consent in writing before making a call or sending a text.

Under the TCPA, the following types of phone calls are prohibited:

• Calls to cell phones using any form of artificial or pre-recorded voice without your consent
• Calls made to cell phones using an “automated telephone dialing system,” without your consent, including telemarketing and non-telemarketing calls

Even if you gave your consent to be called in the past, you can revoke the consent any time. Any call made after revocation is illegal.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

Get a Free Case Evaluation Now