Campbell v. Gap, Inc. (U.S. District Court, Northern District of New York, Case No. 1:17-cv-00081)

In a class action complaint, Lemberg Law is representing Roy Campbell, who is suing Gap, Inc. for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that Gap robocalled Mr. Campbell’s cell phone without his consent.

Gap is a gigantic clothing retailer that has more than 3,300 stores in 90 countries, but it also issues branded credit cards. When customers fall behind in payments, Gap starts robocalling in order to collect the debts. The complaint asserts that, invariably, Gap calls old phone numbers or bad phone numbers. The result? Unsuspecting customers receive unwanted robocalls. The lawsuit alleges that, even when customers request that Gap’s cell phone robocalls stop, the calls continue, which is a violation of the TCPA.

Mr. Campbell says that he received Gap robocalls and robocall voice messages on his cell phone for someone named “Charmaine,” whom he did not know. He told Gap that the company was calling the wrong number and asked them to stop calling and put his number on Gap’s do-not-call list. Mr. Campbell says that, nevertheless, Gap continued to robocall his cell phone. Mr. Campbell never gave his permission for Gap to call his cell phone, nor does he owe a debt to Gap.

The proposed class of people represented are those in the U.S. who, between January 25, 2013 and January 25, 2017, received Gap cell phone robocalls after telling Gap that they had the wrong number.