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A Nationstar TCPA lawsuit was recently filed in federal court against the mortgage company with allegations that it violated both the Florida Consumer Collection Practices Act as well as the Telephone Consumer Protection Act.
Plaintiff Laura G. filed the Nationstar TCPA lawsuit following her receipt of a phone call from the mortgage company in an attempt to collect an alleged debt.
Laura states that following the phone call she received from Nationstar, she sent a fax to the company revoking any prior express consent to contact her via her cell phone or by any other means of communication.
According to the Nationstar TCPA lawsuit, the fax was sent on January 14, 2016.
Along with her request to no longer be contacted by Nationstar, Laura’s fax included a directive asking Nationstar to contact her attorney and gave the mortgage company contact information for her attorney’s law firm.
Nationstar TCPA Lawsuit Alleges Request to Stop Calls
According to her Nationstar TCPA lawsuit, Laura received three additional calls from Nationstar. On two occasions, she was directly called in order to collect a debt. She told the company to stop calling her cell phone and to contact her attorney.
With the third call, an automatic telephone dialing system and prerecorded voice was used to contact Laura, but the call was disconnected before she was able to be transferred to a live representative.
“Defendant knowingly and/or willfully called Plaintiff’s cellular telephone after Defendant had an equivocal notice from Plaintiff to cease any and all calls and after Plaintiff withdrew any prior consent or permission to be contacted on January 4, 2016,” the Nationstar TCPA lawsuit states.
Laura states that Nationstar placed these calls after she had notified the business that she was represented by an attorney and states that she was harassed by having these calls continually placed to her despite her repeated requests.
In addition to receiving the phone calls after her requests to not receive them, Laura also alleges that “Defendant used an automatic telephone dialing system or an artificial or pre-recorded voice to place telephone calls to Plaintiff’s cellular telephone.”
As a result, Laura has brought forth a number of counts against Nationstar including two violations of the FCCPA and violation of the TCPA.
Laura is seeking actual damages, statutory damages, specific or injunctive relief, attorneys’ fees and costs, and increase in the amount of the award equal to three times the amount available under her allegation of a TCPA violation, and any additional relief as deemed just and proper by the Court. A trial by jury has been requested in this case.
Filing a Nationstar TCPA Lawsuit
If you have been repeatedly contacted by Nationstar Mortgage without your prior express consent, or after having revoked your prior express consent, you may be eligible to file a Nationstar TCPA lawsuit.
A TCPA attorney can review your case at no charge, and can help guide you should you be eligible to file a lawsuit or class action lawsuit against the company.
The Nationstar TCPA Lawsuit is Case No. 8:16-cv-03040, in the U.S. District Court for the Middle District of Florida, Tampa 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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