Fingerhut and Blustem Face Nationwide TCPA Class Action Lawsuit

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Chicago, ILL: Online retailer and catalog Fingerhut is facing a proposed Telephone Consumer Protection Act (TCPA), class action lawsuit filed by a man who alleges he has received calls from the company seeking payment for products he never bought.

Filed by plaintiff Herman Fulwiley, the complaint states that he received numerous telephone calls made by an auto-dialer, in direct violation of the TCPA. Further, the calls continued even after he withdrew his permission for them to contact him by phone.

Fulwiley states he received several auto-dialed phone calls from agents of Bluestem Brands Inc., Fingerhut’s parent company, over allegedly unpaid debts on products the company mistakenly sent him to fulfill a different order he placed.

“As a result of Bluestem’s actions … plaintiff has suffered and continues to suffer stress, aggravation, emotional distress and mental anguish,” the complaint states.

In November 2016, Fulwiley purchased several items from Fingerhut, including a tablet computer, bedding and jewelry, according to the lawsuit. However, when the package arrived later that month, it did not contain the items he had purchased, rather items he had not purchased. He says he sent the package back to the company in an effort to return the items, obtaining a tracking number on the package “to ensure delivery,” the complaint states.

Fulwiley alleges that Bluestem began calling him about a month later, using what he says he could tell was an automatic dialing system. He asserts he received at least 20 auto-dialed calls from the company trying to collect unpaid amounts relating to previous purchases “despite the fact that plaintiff had paid for the purchased items and returned the items which he had not purchased.”

Despite speaking directly to Bluestem in August 2017, and revoking his consent for the company to call him, he continued to receive calls, the lawsuit states.

The lawsuit seeks to represent a nationwide class of people who receive any auto-dialed or prerecorded calls from the company within the last four years. It also asks a judge to order injunctive relief forcing the company to stop placing auto-dialed calls and to enter $500 for every negligent TCPA violation found, $1,500 for every knowing violation found and an award for court and litigation costs.

Fulwiley is represented by David Levin of Law Offices of Todd M. Friedman PC.

The case is Herman Fulwiley v. Bluestem Brands Inc. et al., case number 1:18-cv-01964, in the U.S. District Court for the Northern District of Illinois.

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Reader Comments

Posted by
My name is Alma Simmons
My name is alma Simmons I purchase two chair cover from finger hut the chair cover didn't fit so I return them to finger hut so out of the blue finger hut started calling me saying I own them for I owed 10.00 dollar 23.00 35 00 37.00 39.00 86.00 dollar I toll them I don't owed you all no money the lady said yes I do she said we cent the package to you so you for shipping and handling i toll them no I Don't you all owed me for sending the package back to you all

Posted by
Barbara Steel
me too. they set up two accounts for me and charged me and I keep filing disputes even after I received a letter from them they refuse to remove it

Posted by
robert diehl
i have gone through this as well i do not see how fingerhut stays in business with some of the things they pull.

Posted by
Angela Bowers
receive too many calls

Posted by
Yvonne Pullum
The items was not good material

Posted by
Juel Alfred
Recieve too many calls

Posted by
Alisha Cooper
Fraud call for payments i never brought any thing there

Posted by
adam kady
I had an issue with Fingerhut sending me stuff I never ordered, then they put it on my credit report when I didn't pay for it. I filed a claim with the BBB and sent them a certified letter telling them to stop bugging me!

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