California Woman Files Kohl’s Robocall Class Action Lawsuit

A recent Kohl’s robocoall class action lawsuit has been filed by a California woman, alleging the retail giant had made several unwanted solicitation phone calls.

California plaintiff Sydney Barshay is filing this Kohl’s robocall class action lawsuit after she allegedly received unwanted calls to her cellphone after the company used an automated dialing system.

Barshay has had the same number for the past two years, with the calls beginning at some point between May and June 2016. Each time Barshay answered her cellphone, an automated voice would allegedly reply.

According to the Kohl’s robocall class action lawsuit, Barshay had received a series of calls within a short time span with one coming after the other.

Between June 26, 2016 to July07, 2016, Barshay had reportedly received seven solicitation calls alone.

Barshay has not now or never has been a customer of Kohl’s, and states she did not give permission to call her. In addition each and every time she answered these calls, a pre recorded voice would allegedly reply and would not cease.

Her Kohl’s robocall class action lawsuit alleges the retail company had directly violated the Telephone Consumer Protection Act (TCPA), and hopes to represent a class of plaintiffs who were affected by similar calls.

Barshay had filed for class action status because it is speculated there may be 50 or more consumers affected by the alleged TCPA violations, with the company costing consumers’ time and cellphone minutes.

Overview of TCPA Violations

Approved in the early 1990s, the TCPA was passed by Congress to protect consumers against aggressive telemarketing tactics. It had provided a number of rules and provisions for companies to follow when making these calls, with consumers also being able to impose serious fines if willful or negligible violation was proven.

Under the TCPA, companies cannot call or look up a customer’s phone number using an automated dialing system.

These systems often keep a registry or randomly generate phone numbers, which are then placed to consumers, oftentimes for marketing purposes.

Customers are often met with an artificial voice descrbing the advertisement, and have not way to respond to the offer.

This practice is now illegal, as customers must be able to talk to a living representative of the company and also must be able to request to be put on the company’s do-not-call registry.

Furthermore, companies must get express permission from the consumer before contacting them for marketing purposes.

According to Barshay’s Kohl’s robocall class action lawsuit the company did none of these things and is seeking damages for willful violations, which can go up to $1,500 per violation.

This Kohl’s Robocall Class Action Lawsuit is Sydney Barshay v. Kohl’s Corporation, Case No. 8:16-cv-01316, in the U.S. District Court for the Central District of California.

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.

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