Plaintiff Consented to Be Called When She Opened Charge Account, Says Kohl’s
Kohl’s denies it violated the Telephone Consumer Protection Act or the Ohio Consumer Sales Practices Act, as plaintiff Tina Schafer alleges in her Nov. 20 complaint (see 2311210003), said Kohl’s answer Monday (docket 5:23-cv-02245) in U.S. District Court for Northern…
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Ohio in Akron. Schafer alleges that Kohl's hounded her with debt collection calls after she fell into financial hardship and was no longer able to make the monthly payments on her credit card account. But Schafer’s claims are barred by the doctrines of unclean hands and waiver because she informed Kohl’s that she consented to be contacted about her Kohl’s charge account when she agreed to the terms of the Kohl’s card member agreement in December 2021, “including at the telephone number at issue in this case,” said Kohl’s answer. The damages Schafer seeks violate the due process clause of the Constitution, and constitute excessive fines in violation of the Eighth Amendment, the retailer said. Granting her demand for damages would result in unjust enrichment, Kohl’s said. Schafer also hasn’t alleged that she suffered any “particularized and concrete injury, whether tangible or intangible,” as a result of any contact made by Kohl’s in connection with her charge account, it said.