Settlement Said ‘Ultimately Likely’ in TCPA Case vs. Kohl’s
The parties in plaintiff Matilde Cowen’s complaint alleging Kohl’s violated the Telephone Consumer Protection Act and California’s Rosenthal Fair Debt Collection Practices Act by inundating her with debt collection calls (see 2302030043) propose Aug. 10, 2024, as a trial date…
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and estimate a trial would last no more than four days, said their joint status report Monday (docket 3:23-cv-00199) in U.S. District Court for Southern California in San Diego. Their proposed joint discovery plan sets a Feb. 1 deadline for completing fact discovery, said the report. The parties believe settlement “is ultimately likely,” but no settlement has been reached during settlement discussions, it said. Cowen's complaint alleges Kohl's called her more than 150 times in total, after receiving written notice from her lawyers revoking any prior consent to call. Kohl's denies any wrongdoing, and asserts the TCPA doesn't allow revoking consent after the fact (see 2303300005).