Campbell v. J.C. Penney Company, Inc. (U.S. District Court, Northern District of New York, Case No. 1:17-cv-00080)

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

JCPenney is a department store that operates more than 1,000 stores across the U.S., but it also issues branded credit cards. When customers fall behind in payments, JCPenney starts robocalling in order to collect the debts. The complaint asserts that, invariably, JCPenney calls old phone numbers or bad phone numbers. The result? Unsuspecting customers receive unwanted robocalls. The lawsuit alleges that, even when customers request that JCPenney’s cell phone robocalls stop, the calls continue, which is a violation of the TCPA.

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

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