Trial is scheduled to begin Feb. 19.
The Seventh Amendment right to a jury applies here, Judge Wendy Beetlestone wrote Feb. 14 for the U.S. District Court for the Eastern District of Pennsylvania.
The companies argued the customers aren’t entitled to a jury because their restitution claims are equitable in nature.
But the type of restitution that Plaintiff seeks is generally classified as a legal remedy, the court said.
Jennifer Underwood sued Kohl’s and Captial One arguing the companies profited from a deficient credit-monitoring product called “PrivacyGuard” that was sold to her and other Kohl’s credit card holders.
Because Underwood didn’t complete the second step in registering for PrivacyGuard services, she didn’t receive the full range of promised credit-monitoring services, she says.
The court certified the case as a class action in Nov. 2017
Saltz Mongeluzzi Barrett & Bendesky P.C. represented the customers.
Ballard Spahr Andrews & Ingersoll LLP represented Kohls and Capital One.
The case is Underwood v. Kohl’s Dep’t Stores, Inc., 2019 BL 49340, E.D. Pa., No. 15-730, 2/14/19.