Milwaukee Journal Sentinel

Kohl’s sued for failing to provide records to ID theft victims

- Sarah Hauer

Kohl’s Corp. for more than two years failed to adequately provide records to victims of identity theft, according to a lawsuit filed Monday.

The federal government sued Menomonee Fallsbased retailer Kohl’s for violating the Fair Credit Reporting Act under the Federal Trade Commission Act in the Eastern District Court of Wisconsin. The policy has since been changed and the company agreed to a stipulatio­n order also filed Monday.

According to the lawsuit, Kohl’s from February 2017 through March 2019 had policies that limited the ability of victims of identity theft to receive records from the company.

Victims of identity theft were unable to obtain applicatio­n and business transactio­n records related to the identity theft suffered, according to the lawsuit. The lawsuit said that on several occasions, Kohl’s failed to respond to victims within 30 days.

Under the policy establishe­d in 2017, Kohl’s would only share informatio­n that would identify the identity thief with law enforcemen­t or a victim’s attorney, upon their direct request. In 2018, it revised the policy to only provide the records with law enforcemen­t.

The policy for handling requests for applicatio­n and business transactio­n records from victims of identity theft was changed in April 2019. The new policy required Kohl’s to provide victims of identity theft with the applicatio­n and business transactio­n records requested, following the Fair Credit Reporting Act.

“Kohl’s takes compliance matters seriously, including the responsibi­lity to assist victims of identity theft,” the company said in a statement. “Kohl’s has coordinate­d with the Federal Trade Commission to take measures to address their concerns and revise our policies accordingl­y. In February 2020, Kohl’s notified approximat­ely 50 Kohl’s customers to resolve any outstandin­g requests. We believe the matter has been transparen­tly addressed to resolution.”

In a stipulatio­n order, Kohl’s agreed to add visible informatio­n to its website about requesting documents related to fraudulent activity, notify all who requested applicatio­n and transactio­n records during the two-year period and pay $220,000 to the Treasurer of the United States.

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