Third TCPA Action vs. Kohl’s in 4 Months Is Filed in San Diego

The third known complaint in less than four months alleging Kohl’s violated the Telephone Consumer Protection Act was filed Friday in U.S. District Court for Southern California. Plaintiff Matilde Cowen, a San Diego County resident, fended off calls from Kohl’s debt collection agents often as much as twice a day, sometimes every day, said her complaint (docket 3:23-cv-00199), which also alleges violations of California’s Rosenthal Fair Debt Collection Practices Act. Cowen estimates Kohl’s called more than 150 times in total, after receiving written notice from her lawyers revoking any prior consent to call, it said. Kohl’s didn’t comment Friday. It has defended at least one of the two recent complaints by asserting the TCPA violates the 14th Amendment’s due process clause, and also the Eighth Amendment’s protections against excessive fines (see 2301090028).