Macy’s Class Action Says Harassing Robocalls Violate TCPA

Macy’s was hit with a class action lawsuit for allegedly violating the Telephone Consumer Protection Act by robocalling consumers without their consent.

Plaintiff Deborah Clark, a Florida resident, says she has been harassed by unwanted calls from Macy’s Credit and Customer Services Inc. in violation of the TCPA.

The lawsuit contends that Macy’s “intentionally harassed and abused plaintiff on numerous occasions by calling several times during one day, and on back-to-back days, with such frequency as can reasonably be expected to harass.”

Clark states that she first received a telephone call from Macy’s on or about Nov. 1, 2014. The call was made, however, to try and retrieve some debt that Macy’s claimed she owed.

Clark says she picked up the call and explained that she, “doesn’t owe any money,” and “you have the wrong phone number.” When the phone calls continued, the plaintiff allegedly told Macy’s that she felt harassed by the number of calls and asked them to stop calling.

Macy’s attempt to collect “debt” from the plaintiff is an alleged violation of the TCPA, according to the class action lawsuit, as these calls were made without the express consent of the plaintiff. The calls were also allegedly placed using an ATDS or a pre-recorded or artificial voice.

Clark says she has been the subject of aggravation but also suffered actual harm as she had to pay her cell phone service provider for these repeated robocalls. Additionally, she argues that these calls were undoubtedly a waste of her time and diminished her cell phone battery life as a result.

According to the class actions lawsuit, Macy’s has a corporate policy of using an “ATDS or a prerecorded or artificial voice message to collect debts from individuals such as plaintiff for its financial benefit.”

The Macy’s class action states that today, “’robocalls,’ are the #1 consumer complaint in America.” There have been 3,800 complaints concerning robocalls made by individuals to the Better Business Bureau (BBB) in the last three years, for Macy’s alone, the lawsuit claims.

Clark states that the TCPA was specifically enacted to, “prevent companies like Macy’s from invading American citizens’ privacy and prevent illegal robocalls.” She files the class action individually and on behalf of all those similarly situated.

The plaintiff is represented by William “Billy” Peerce Howard and Amanda J. Allen of The Consumer Protection Firm PLLC.

The Macy’s TCPA Class Action Lawsuit is Deborah Clark v. Macy’s Credit and Customer Services Inc., Case No. 6:17-cv-00692-GAP-TBS, in the U.S. District Court for the Middle District of Florida, Orlando Division.

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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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