This lawsuit claims that GAP violated the Telephone Consumer Protection Act (TCPA) by placing automated calls to consumers’ cell phones without consent.
One plaintiff in this lawsuit is a resident of Glen Falls, New York. In the past four years, GAP has placed automated calls to his cell phone from their number 888-248-3128. Upon answering a call from GAP, the plaintiff heard a prerecorded voice message indicating that the call was from GAP regarding the collection of a debt. There was no human representative to speak to on the incoming calls. When he did not answer the phone, GAP left a prerecorded voicemail asking to speak to “Charmaine Thomas,” a person unknown to the plaintiff. On one occasion, the plaintiff answered his phone and was able to get through to a customer representative. He requested to be removed from the calling list, and the representative acknowledged his request and stated that GAP would cease calling. However, GAP continued to place automated calls to his cell phone.
GAP is a clothing retailer operating 3,300 stores across 90 countries. Like many other large stores, GAP issues Gap-brand credit cards to consumers. When the consumers fall behind in payments, GAP commences autodialing telephone numbers to collect the debts. Inevitably, GAP calls old or bad numbers for its customers, resulting in unwanted autodialed calls being placed to unsuspecting consumers. These consumers often request to be removed from GAP’s calling list, but GAP has failed to heed these consumers’ requests.
Based on the facts of the case, the plaintiffs in this class action lawsuit allege that GAP violated the TCPA.