Kohl’s Hit With Robocall Class Action by Texas Resident

A Texas resident is suing Kohl’s, claiming that its debt collection practices violate the Telephone Consumer Protection Act (TCPA).

Plaintiff Maria M. filed the TCPA class action lawsuit, claiming that Kohl’s used an automatic telephone dialing system to place unwanted cell phone calls to her many times over a three-month period — in an attempt to collect an alleged debt.

Maria alleges that Kohl’s violated the TCPA by making the debt collection calls to her cellphone even after she spoke with a Kohl’s representative in December 2014 and requested the defendant cease placing calls to her cell phone.

According to the TCPA class action lawsuit, even after Maria revoked her consent to receive automated telephone calls from Kohl’s, the defendant placed at least 178 telephone calls using an automatic telephone dialing system between January 2015 and April 2015.

Maria is seeking $500 in statutory damages for each negligent TCPA violation and $1,500 in statutory damages for each knowing and/or willful violation of the TCPA. She has demanded a jury trial for this case.

Telephone Consumer Protection Act

The TCPA is designed to protect consumers from receiving calls placed from an automatic telephone dialing system or pre-recorded messages on their cell phone unless the consumer has provided prior express consent (it also covers text message spam). The most common violators of the TCPA are debt collectors, banks and telemarketers.

Under the TCPA, the Federal Communications Commission (FCC) established rules addressing robocalls or unsolicited phone calls by telemarketers and debt collectors in 1991.

The Unwanted Telephone Marketing Calls Guide on the FCC website lists three rules all telemarketers and debt collectors must follow:

• Anyone making a telephone solicitation call must provide his or her name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address where that person or entity can be contacted
• Telephone solicitation calls are prohibited before 8 a.m or after 9 p.m.
• Telemarketers must comply immediately with any do-not-call request made during a solicitation call.

TCPA Lawsuits

Many people are under the false impression that TCPA laws do not apply to debt collectors, but the FCC clarified in 2008 that indeed debt collectors fall under the TCPA statute. So for the last several years, many TCPA lawsuits have been filed in order to protect consumer rights against debt collection companies.

If you received an unsolicited phone call or text message spam you may be entitled to $500 up to $1,500 per call or text.

The Kohl’s TCPA Class Action Lawsuit is Case No: 3:15-cv-01397-B in the U.S. District Court for the Northern District of Texas, Dallas Division.

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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