Nationstar Robocall Lawsuit Alleges TCPA Violations

A Texas woman filed a Nationstar robocall lawsuit alleging the residential mortgage service company repeatedly called her cell phone using an automated telephone dialing system in violation of the Telephone Consumer Protection Act (TCPA).

The TCPA was enacted by Congress in 1991 to regulate interstate intrusive nuisance calls.

The Act prohibits the use of pre-recorded messages to make any call to a wireless number, including debt collection calls, in the absence of an emergency or express consent of the party called.

Specifically, the Nationstar robocall lawsuit alleges the plaintiff received harassing robocalls, auto-dialed calls, pre-recorded calls or artificial voice messages to her cell phone without her permission.

In most instances, robocalls and unsolicited text messages violate the Telephone Consumer Protection Act (TCPA). Generally, a TCPA violation results in a penalty of $500 to $1,500.

Nationstar Robocall Lawsuit Allegations

Plaintiff Dawnell S. says that within the past 4 years, Nationstar began calling her on her cell phone regarding her home mortgage.  Shortly after calls began, Dawnell communicated her desire that Nationstar cease calling her.

Despite this communication, Nationstar continued to call Dawnell on her cell phone on an almost daily basis. “Nationstar’s collection efforts, including but not limited to its telephone calls, caused Dawnell emotional distress in the form of frustration, annoyance, aggravation, and anxiety.

Nationstar’s collection efforts also intruded upon Dawnell’s privacy,” the Nationstar robocall lawsuit states.

The Nationstar robocall lawsuit seeks the allowable penalties of $500 per TCPA violation, $1,500 for each call considered willful, which could include all those made after the company was told to stop calling. Dawnell also is asking for punitive damages.

Are Robocalls Legal?

Robocalls include automated phone calls made using autodialers, as well as those that contain pre-recorded messages. This means that even if you receive a phone call from a live person, the call is still considered a robocall if it is made using an autodialer.

Companies placing robocalls must provide recipients with various types of information.

At the beginning of a message, a caller must state:

• His or her identity
• The identity of the business on whose behalf he or she is making the call

During or after the message, the caller must provide:

• The address of the business responsible for placing the call
• The phone number of that business

Unsolicited robocalling is against the law. The Telephone Consumer Protection Act (TCPA), enforced by the Federal Communications Commission (FCC), sets strict requirements for companies using an auto dialer or robocalling system.

The requirements are meant to help consumers prevent unwanted prerecorded or auto dialed phone calls.

Filing a TCPA Lawsuit

Current TCPA regulations prohibit businesses, like Nationstar, from making automated, pre-recorded calls without written consent from those on the receiving end.

The law permits any “person or entity” to bring an action to enjoin violations of the statute and/or recover actual damages or statutory damages ranging from $500 to $1,500 per violation.

If you receive unwanted debt collection or telemarketing calls from a company such as Nationstar, an experienced TCPA attorney may be able to help you file a claim for compensation.

The Nationstar Robocall Lawsuit is Case No. 4:16-cv-00926 in the U.S. District Court for the Northern District of Texas, Fort Worth Division.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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