Gap Class Action Says Retailer Repeatedly Calls Wrong Numbers

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Gap Inc. has been with a class action lawsuit accusing it of violating the Telephone Consumer Protection Act by using an autodialer to contact consumers on their cell phones without their consent.

The TCPA is a federal law intended to protect consumers from unwanted solicitations from companies that do not have permission to contact them or who don’t provide an option to opt out of the unwanted communications.

Plaintiff Roy Campbell says he received several calls from or on behalf of Gap seeking to collect on a consumer debt on a Gap-brand credit card.

However, he claims he never had a Gap credit card and that the retailer continued to call him even though he told the company they had the wrong number.

The Gap class action lawsuit explains that the retailer uses an autodialing system to contact Gap credit card holders who fall behind in their payments. Campbell says that Gap inevitably contacts old telephone numbers, causing consumers who have never held a Gap credit card to be contacted about other customer’s debts.

“Gap fails to heed these consumers’ requests that it cease placing calls to their cellular telephones,” the Gap class action lawsuit states. “Gap’s continued calls cause consumers great inconvenience and invasion of privacy, in violation of the TCPA.”

According to Campbell, he received calls from Gap regarding the collection of a debt. The automated message reportedly stated that the call was intended for someone of a different name.

Campbell says he returned one of the debt collection phone calls and informed a live Gap representative that the company had been dialing his number in error as he was not the intended recipient. He instructed Gap to add his number to the “Do Not Call” list and stop calling him, the Gap class action lawsuit states.

Despite his instruction to stop calling, the retailer continued the unwanted automated calls, according to the Gap class action lawsuit. These calls were in willful and violation of the TCPA, Campbell asserts.

Campbell seeks to represent a Class of U.S. consumers who received a non-emergency telephone call on their cell phones that was placed by Gap using an autodialer or prerecorded voice after the call recipient had explained to Gap that the call was to a wrong number. He believes that there are thousands of putative Class Members.

The Gap TCPA class action lawsuit is seeking statutory damages of $500 for each call that was made in violation of the TCPA, or $1,500 for each call that was made in willful violation of the TCPA. Campbell is also seeking injunctive relief to prohibit Gap from violating the TCPA in the future.

Campbell is represented by Sergei Lemberg of Lemberg Law LLC.

The Gap TCPA Class Action Lawsuit is Roy Campbell v. Gap Inc., Case No. 1:17-cv-00081, in the U.S. District Court for the Northern District of New York.

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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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