Judge Orders Parties to File Joint Motion for Dismissal of TCPA Case by April 1
U.S. Magistrate Judge Barbara Major for Southern California in San Diego signed an order Monday (docket 3:23-cv-00199) confirming plaintiff Matilde Cowen’s Telephone Consumer Protection Act settlement with Kohl’s and directing the parties to file their joint motion for dismissal of…
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the case by April 1. If the signed joint motion for dismissal is timely filed, the parties and attorneys aren’t required to make any further appearances, said the order. If the joint motion isn’t filed by April 1, then all counsel of record are required to appear in person for an April 4 settlement disposition conference, it said. If anyone fails to appear at the conference, or the parties fail to timely file the joint motion for dismissal, the judge will issue an order to show cause why sanctions shouldn’t be imposed for failing to comply with the order, it said. Cowen alleged she had to fend off calls from Kohl’s debt collection agents as often as twice a day, sometimes every day, in violation of the TCPA and also California’s Rosenthal Fair Debt Collection Practices Act (see 2302030043). Cowen estimates Kohl’s called her more than 150 times in total, after receiving written notice from her lawyers revoking any prior consent to call.