Navient Robocalls Class Action Lawsuit Claims Company Violated TCPA

Family members of a student debtor say Navient has been pestering them with debt collection phone calls, in violation of federal anti-telemarketing laws.

Plaintiffs Elizabeth P. and Joshua P. claim that Navient Solutions violated the Telephone Consumer Protection Act by calling them in an attempt to collect a college loan debt owed by Matthew, the son of Elizabeth and the brother of Joshua. They claim that these calls were made unlawfully because they were robocalls and were made without the consent of the recipients.
They are now filing a Navient robocalls class action lawsuit claiming the company violated the TCPA.

Allegedly, Elizabeth began receiving calls on her cell phone from Navient around October 2017, attempting to collect a debt allegedly owed for Matthew’s college tuition. These calls allegedly asserted that Elizabeth’s phone number was “associated” with Matthew’s, and gave this as a sufficient reason for calling her. Elizabeth claims that this information is incorrect.

Joshua claims that he began receiving comparable calls in December 2017. Joshua claims that Navient also incorrectly claimed that his phone number was “associated” with his brother’s, providing this as a justification for their call. Allegedly, Navient unlawfully obtained Elizabeth and Joshua’s numbers through a third party company.

TCPA Violations

Joshua and Elizabeth claim that these calls made to them were made using an automatic telephone dialing system, a device that “has the capacity to store or produce telephone numbers to call, using a random or sequential number generator.” The Navient robocalls class action lawsuit claims that the TCPA prohibits businesses from using automatic dialing systems to contact individuals, so Navient’s communication with Joshua and Elizabeth was unlawful.

Additionally, Joshua and Elizabeth claim that they never gave their prior express consent for Navient to contact them, despite the fact that Navient claimed their numbers were “associated” with Matthew’s.

Joshua and Elizabeth claim that they were inconvenienced by Navient’s calls because their privacy was invaded, and their phones were rendered unusable when they were being called by Navient. Additionally, Navient’s phone calls allegedly caused Joshua and Elizabeth financial injury by using their cellular data.

Allegedly, Navient has a corporate policy of making automated calls to numbers of non-borrowers in an attempt to collect debts owed to others. Joshua and Elizabeth seek to represent a group of consumers similarly impacted by Navient’s robocalls, and seek to collect damages on behalf of themselves and other similarly affected consumers.

The Navient robocalls class action lawsuit is only one recent example of numerous TCPA lawsuits that have consumers have filed. The TCPA was enacted to protect consumers’ privacy and protect them from annoying robocalls and telemarketing. Nonetheless, many consumers claim that companies either willingly or negligently violate the TCPA by calling them without their consent, using automatic dialing systems, and committing other TCPA violations.

If you or a loved one have received robocalls or gotten calls from a business when you did not give your prior consent, or received telemarketing calls on a number listed on a National Do Not Call Registry or other do not call lists, you may have a legal claim. Individuals can receive between $500 and $1,500 for every violation of the TCPA. Contacting an experienced TCPA lawyer can help you determine if you have a legal claim.

The Navient Robocalls Class Action Lawsuit is Case No. 3:18-cv-00058-RGE-HCA, in the U.S. District Court for the Southern District of Iowa.

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.

Get a Free Case Evaluation Now