TCPA Lawsuit Filed Against Kohl’s

A TCPA lawsuit was filed against Kohl’s Department Stores Inc. claiming that the company violated the Telephone Consumer Protection Act. The TCPA was created to protect individuals against unsolicited phone calls and text messages.

Plaintiff Ivette V. is a New Jersey resident who claims in the TCPA lawsuit that she had a cell phone which she used for over a year and is charged for each incoming call. Between November 2014 and February 2015, she says she received multiple unsolicited phone calls from the defendant.

The TCPA lawsuit states, “On some occasions when Plaintiff answered Defendant’s calls, she was greeted by a computerized voice.”

Even though the plaintiff revoked her consent, which she claims she never granted in the first place, she continued to receive unsolicited phone calls. She claims that these were TCPA violations.

The TCPA lawsuit describes the defendant’s actions as performed with “malicious, intentional, willful, reckless, wanton and negligent disregard for Plaintiff’s rights under the law and with the purpose of harassing Plaintiff.”

The plaintiff is filing for statutory damages of $500 for each unsolicited phone call and $1,500 in treble damages for every phone call.

TCPA Violations

The TCPA states that no company can contact a customer unless express written consent is granted. And if a consumer requests that a company cease all communications, the company must comply. Kohl’s has allegedly broken this rule by not only making unsolicited phone calls, but also by not stopping when she asked them to.

It also states that no company can use an automated telephone dialing system to contact a consumer. This could be any system that contacts and individual without human intervention.

Often, an individual can tell if a company has used an automated telephone dialing system by whether an automated voice is speaking on the other end or if there is a pause or a clicking sound before a person speaks on the other end. Use of this kind of device is considered a TCPA violation.

TPCA lawsuits can help individuals win compensation for all TCPA violations. Some plaintiffs are awarded $500 to$1,500 for each violation.

This Kohl’s TCPA Lawsuit is Case No. 1:15-cv-03627, in the U.S. District Court for the District of New Jersey.

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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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