J.C. Penney Facing Class Action Over Unwanted Robocalls

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From New York district court comes a proposed class action that claims defendants J.C. Penney, Inc. and J.C. Penney Corporation, Inc. broke the law by “knowingly and/or willingly” placing automated calls to consumers’ cell phones. The lawsuit claims that when consumers fall behind on payments for their JCPenney-branded credit cards, the retailer “commences autodialing telephone numbers to collect the debts.” As a result of this, the lawsuit claims, JCPenney “inevitably calls old or bad numbers,” which results in some consumers receiving unwanted autodialed calls in violation of the Telephone Consumer Protection Act.

The plaintiff claims the defendants have left numerous rerecorded voice messages on his cell phone. Even after advising the defendants that it was calling the wrong number and they should stop, JCPenney alleged ignored the plaintiff’s request and continued to use automatic dialing technology to call him.