Carol Ostrow Jun. 8, 2015, 2:13pm


A Houston woman has sued a Minnesota-based business, alleging consumer law violations.

Mary Thomas, of Houston, filed a lawsuit June 5 against Bluestem Brands Inc., doing business as Fingerhut of Eden Prairie, Minnesota, in U.S. District Court Southern District of Texas, alleging encroachment of the Telephone Consumer Protection Act.

According to the suit, Fingerhut made repeated calls to Thomas’ cellular phone between January and March using an automated dialing system that were not made for emergency purposes. The plaintiff revoked any previously given consent to the defendant to call her cell number in February, the suit says. Thomas alleges when she spoke to Fingerhut representatives following revocation of consent, they became hostile, continued to call and sent her letters.

The complaint cites the defendant with violation of the Telephone Consumer Protection Act, stating it initiated multiple automated calls without the plaintiff’s consent, and the calls were made intentionally and with reckless disregard for the plaintiff’s rights.

Thomas seeks: injunctive relief; statutory damages of $500 and treble damages of $1,500 per violative call; actual damages; attorney fees; expenses; and costs. 

She is represented by attorney Amy Bennecoff Ginsburg of Kimmel & Silverman in Ambler, Pennsylvania.

U.S. District Court Southern District of Texas case number: 4:15-cv-01561

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