TCPA Class Action Lawsuit Filed Against Kohl’s In Illinois

A Telephone Consumer Protection Act (TCPA) class action lawsuit was recently filed against Kohl’s Corporation. The TCPA class action lawsuit alleges that Kohl’s corporation violated the federal telephone consumer protection act and took illegal action to collect consumer debt.

The TCPA lawsuit was filed by Mark A., a resident of San Diego, Calif., on behalf of himself and other persons who experienced similar situations. According to the TCPA class action lawsuit, Kohl’s employs hundreds of people at different call centers located throughout the country. The call centers often use automatic dialing systems to help maintain records for their consumer accounts. The Kohl’s lawsuit also alleges that the company engaged in a practice of calling consumers repeatedly in order to collect accounts receivable.

Mark alleges that in July of 2014 Kohl’s began making debt collection calls to his cell phone using an automated dialing system. Mark states that these calls were made in error since he had never done business with Kohl’s, and never consented to contact from the company.

Between July 2014 and October 2014, nearly 105 calls were reportedly made to Mark’s cell phone by Kohl’s through its employees and an automated dialing system. Based on the prerecorded messages Mark heard during the times he answered the calls, he believes the department store was attempting to collect on a consumer loan granted to another customer.

In an attempt to make the phone calls stop, Mark tried to talk to personal representatives of the company. According to his TCPA class action lawsuit, Mark told Kohl’s call center representatives on multiple occasions that the company was dialing the wrong number, and asked that he be removed from the collection call list.

According to the TCPA class action lawsuit, the debt collection calls made to Mark’s cell phone were in violation of the federal Telephone Consumer Protection Act. Congress enacted the TCPA in 1991 in order to protect consumers from the aggressive and manipulative consumer debt collection practices of many companies.

One section of the act specifically prohibits companies from using automated dialing systems to place calls to cellular telephones. In enacting this provision the government felt that these sorts of calls, along with several other scenarios listed in the act were a greater nuisance and invasion of privacy than live in person calls.

Based on the facts detailed in his TCPA class action lawsuit, Mark is asking a jury to award both statutory damages as well as attorneys’ fees for Kohl’s various alleged violations of the act.

Consumer protection attorneys are currently looking for potential plaintiffs to bring Telephone Consumer Protection Act lawsuits and class action lawsuits. Plaintiffs will have the option to bring their lawsuits individually or as a member in a class action lawsuit. This is a decision that should be made on a case by case basis with the advice of a legal professional. TCPA lawsuits like these help hold companies accountable for their actions.

The Kohl’s TCPA Lawsuit is Case No. 1:15-cv-01303, in the U.S. District Court for the Northern District of Illinois, Eastern 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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