Ballard Spahr partner Daniel McKenna, representing Capital One NA and Kohl's Department Stores Inc., has asked a Pennsylvania federal judge to throw out a putative class action claiming the companies forced customers into frivolous payment protection and credit monitoring programs when signing up for credit cards.

McKenna told U.S. District Judge Wendy Beetlestone that the suit was governed by a three-year statute of limitations under Virginia state law, and that the statute was triggered the first time the plaintiffs were charged for the services.

“It is clear that the claim occurs at the instance of the setting of the fee,” he said.

The 2015 lawsuit attacked Capital One NA and Kohl's Department Stores Inc. over a service known as Privacyguard credit monitoring. Each of the named plaintiffs say they have paid more than $100 in fees related to these services.

Kohl's and Capital One are represented by Martin C. Bryce Jr., Daniel JT McKenna, Sarah Schindler-Williams and Joseph J. Schuster of Ballard Spahr LLP.