None of Kohl’s Debt Collection Calls Violated TCPA, Says Retailer's Answer

U.S. District Court for Southern Indiana in Indianapolis. Plaintiff Adrian Thomas alleges he fell behind on his monthly Kohl’s credit card payments, only to be hounded by the retailer’s incessant debt collection calls. Kohl’s answer asserted nine affirmative defenses against the allegations, including that Thomas “expressly or impliedly consented to and approved all of the acts and omissions” when he consented to be contacted by Kohl’s about his charge account when he agreed to the terms of the account in November 2022. Kohl’s alleges that the damages Thomas seeks violate the Constitution's due process clause, and constitute excessive fines in violation of the Eighth Amendment, said its answer. Granting Thomas’ demand for damages would result in unjust enrichment, it said. Thomas hasn’t alleged that he suffered any “particularized and concrete injury, whether tangible or intangible,” as a result of any contact Kohl’s made in connection with his charge account, it said. The damages Thomas seeks against Kohl’s, up to and including treble damages and punitive damages for willful and knowing TCPA infractions, after Thomas consented to be contacted, constitutes an excessive fine in violation of the Eighth Amendment, it said. Granting Thomas’ demand would result in his receiving more money than he’s entitled to receive, it said. That’s because none of the calls that Kohl’s made to Thomas was “in violation of the TCPA or any other law or theory of legal recovery,” it said.