Kohl’s Alleges Plaintiff Consented to Its Calls When She Opened Her Charge Account

the retailer's answer Monday (docket 2:23-cv-01874) in U.S. District Court for Eastern California in Sacramento. Taylor alleges that Kohl’s inundated her with at least 30 “systematic” debt collection calls using a prerecorded or artificial voice. But Taylor “expressly or impliedly consented to and approved all of the acts and omissions” about which she now complains when she agreed to the terms of her Kohl’s charge card account in March 2022, said Kohl's answer. Taylor’s claims against the company are barred because the TCPA doesn’t permit her “to revoke consent after, as part of a bargained-for-exchange, she agreed to be contacted” when she applied for her Kohl’s charge card, it said. The company alleges that the damages Taylor seeks violate the Constitution’s due process clause and constitute excessive fines in violation of the Eighth Amendment, it said. Granting Taylor’s demand for damages “would result in unjust enrichment,” it said. Taylor hasn’t alleged that she suffered “any particularized and concrete injury, whether tangible or intangible," as a result of any contact Kohl’s made in connection with Taylor’s Kohl’s charge account, it said. Court records show Kohl’s has been sued nearly 70 times for alleged TCPA wrongdoing since May 2011. The retailer has repeatedly asserted affirmative defenses on constitutional grounds in many of those actions (see 2310060009).