Kohl’s Accused of Violating TCPA Over Debt Calls

A California woman filed a lawsuit against Kohl’s accusing the retailer of violating the Telephone Consumer Protection Act (TCPA) and the Fair Debt Collection Practices Act.

Loretta G. alleges that she was called numerous times on her cell phone by representatives attempting to collect debt that Loretta accumulated by making purchases at Kohl’s.

The calls she received were allegedly in violation of the TCPA, illegally placed using an automatic telephone dialing system (ATDS). When she answered the phone, she says she heard silence, followed by an automated click, and then the call was transferred to an operator or the call was disconnected.

Loretta claimed that she did not provide her cell phone number to Kohl’s, and did not consent to be contacted by that means. On Dec. 20, 2014, Loretta says she called Kohl’s, demanding that the calls be stopped. However, she aleges that she received three to four unwanted cell phone calls a day over the next three months, a rate that was termed “harassing.”

Kohl’s is accused of violating the TCPA, which carries penalties of $500-$1,500 per offense, as well as the Fair Debt Collection Practices Act.

The Kohl’s TCPA Lawsuit is Case No. 5:15-cv-1570, in the U.S. District Court of the Central District of California, Eastern Division.

Telephone Consumer Protection Act (TCPA)

The TCPA was enacted in December 1992. Under this act, there are restrictions on live telemarketing calls, and limits on the use of automated dialer systems, artificial/prerecorded voice messages, SMS text messages and fax machines.

The National Do Not Call Registry was also created as part of the restrictions on telephone soliciting. There are also specific guidelines about when phone calls may be made, what kind of information solicitors must provide to consumers and more.

Kohl’s is one of many companies to have allegedly violated the TCPA. Many consumers are not aware of their legal rights under this law. A TCPA attorney can assist individuals in cases where they feel their rights under this act have been violated.

If you have been contacted on your cell phone by an automated telephone dialing system (robocall), received an unsolicited text message (text spam), you may have a legal claim for violations of the Telephone Consumer Protection Act.

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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