Kohl’s Hit With TCPA Lawsuit Over Robocalls

A former Kohl’s customer filed a TCPA lawsuit alleging the department store chain repeatedly placed robocalls to her cellphone despite her lack of consent.

Plaintiff Lisa B. of Tennessee filed the TCPA lawsuit claiming that Kohl’s Department Stores Inc. harassed her by calling her cellphone in violation the Telephone Consumer Protection Act.

According to the TCPA lawsuit, Lisa began receiving calls from Kohl’s that used an automatic telephone dialing system made evident through a call delay prior to a representative speaking on the phone. The Telephone Consumer Protection Act lawsuit claims that each call Lisa received she had to pay for.

By September, Lisa says she specifically revoked her prior consent for Kohl’s to contact her on her cell phone. However, the plaintiff claims that the calls did not stop for several weeks. The TCPA lawsuit is seeking $500 per violation for statutory damages and $1,500 per violation for treble damages.

TCPA Violations Explained

The Telephone Consumer Protection Act was enacted by Congress in 1991 as an attempt to help customers avoid unsolicited calls from telemarketers. According to the TCPA, companies cannot contact customers using robocalls to deliver prerecorded messages without prior express consent. Congress later revised the law in order to define “express consent” to mean a signed written agreement between the business and customer.

When telemarketers use an automatic telephone dialing system a large number of calls go out at once, which means that if they are found in violation of the TCPA they are often penalized substantial sums.

Violations of the TCPA include:

• Using an automatic dialing system to place phone calls
• Calls to homes before 8 a.m. or after 9 p.m. local time
• Unsolicited cellphone calls
• Unsolicited text messages
• Robocalls with prerecorded messages
• Calls to consumers who specifically ask the company not to call them
• Unsolicited advertising faxes
• Failing to identify the person or entity on whose behalf the call is being made
• Calling consumers who are on the National Do Not Call Registry

TCPA Class Action Lawsuit Investigation

Customers of all ages are often victims of unwanted phone calls without realizing there are laws to protect them. As phone users begin to understand these rights, they often choose to hold businesses responsible for TCPA violations by filing a lawsuit.

Those wishing to file a TCPA lawsuit should start by documenting the various violations. Legal experts suggest saving all voice and text messages. They also indicate that keeping a written log of all unwanted communication, including dates and times will also help their case.

Hundreds of TCPA lawsuits have been filed across the nation with plaintiffs receiving settlements upwards of millions of dollars. Contact a TCPA attorney to find out if you have legal claim.

The TCPA Lawsuit is Case No. 2:15-cv-00285-JRG-MCLC in the U.S. District Court for the Eastern District of Tennessee.

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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