TCPA Damages Violate Due Process, 8th Amendment, Says Kohl’s
Kohl’s is the latest Telephone Consumer Protection Act defendant to challenge the statute’s constitutionality. Carson City, Nevada, consumer Mary Graehl alleges the retailer inundated her with “harassing” debt collection calls on her Kohl's credit card account (see [Ref:2211140063). But the…
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
damages she seeks violate the 14th Amendment’s due process clause, and constitute excessive fines in violation of the Eighth Amendment, said the retailer’s answer Friday (docket 2:22-cv-01341) in U.S. District Court for Eastern Wisconsin in Milwaukee. Granting Graehl’s demand for damages “would result in unjust enrichment,” it said. Graehl hasn't alleged “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 Kohl’s charge account, said the retailer. Graehl also consented to be contacted by Kohl’s under the terms of her card member agreement, obviating her claims for relief, it said.