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Plaintiff Tamara M. has filed a lawsuit against Ocwen Loan Servicing LLC in Florida federal court alleging violations of the TCPA, or Telephone Consumer Protection Act.
According to the Ocwen robocall lawsuit, Tamara is a resident and citizen of the state of Florida. She alleges as according to the claim that Ocwen had called her in an attempt to collect on a debt roughly 1,000 times since 2012.
Ocwen is a company that specializes in residential mortgage loans. Their loan servicing includes services for investor accounting, foreclosures, escrow, loss mitigation, and property disposition.
The Ocwen robocall lawsuit alleges that in an attempt to collect Tamara’s debt, Ocwen called her cell phone through the use of an “automatic telephone dialing system,” or ATDS. Using an ATDS is restricted under the TCPA, especially once the called party has asked for the calls to stop.
She states that she had asked Ocwen to stop placing such calls multiple times.
An ATDS, according to the Ocwen robocall lawsuit, is a mechanism that has the “capacity to store or produce telephone numbers to be called, using a random or sequential number generator (including but not limited to a predictive dialer) or an artificial or prerecorded voice…”
Tamara says she could tell that Ocwen had used an ATDS system because once she picked up the phone, she heard a pause before a representative’s voice came on the phone. The large number of calls she received also bespeaks use of an ATDS, she claims.
The Ocwen robocall lawsuit contends that “[f]rom each and every call without express consent placed by defendant to plaintiff’s cell phone, plaintiff suffered the injury of occupation of her cellular telephone line and cellular phone by unwelcome calls, making the phone unavailable for legitimate callers or outgoing calls while the phone was ringing from defendant’s calls.”
Telephone Consumer Protection Act Facts
According to the Federal Communications Commission (FCC), Congress had passed the TCPA in 1991 to help cut down on the increased number of telephone marketing calls that consumers were suffering from.
The TCPA regulates the use of an ATDS and artificial and pre-recorded voice messages. Callers must obtain express written consent before robocalling a consumer. An “established business relationship” is no longer grounds from allowing telemarketing calls to be made. Callers must also offer the called party a way to opt out of receiving similar calls in the future.
Additionally, individuals can list their phone numbers on the National Do-Not-Call registry to opt out of receiving calls from telemarketers. The Federal Trade Commission administers the Do-Not-Call registry and it went into effect back in October 2003.
The Ocwen Robocall Lawsuit is Case No. 6:17-cv-01849-ACC-GJK, in the U.S. District Court for the Middle District of Florida, Orlando 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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15 thoughts onOcwen Robocall Lawsuit Filed over Nearly 1,000 Unwanted Calls
I think I got some money from another Ocwen lawsuit, but I should have gotten more. They wrote the second mortgage to my house way back in 2002, and it was predatory all the way. Plus, they took my name off the loans and ONLY put my husbands name on. It was horrible. It was a 3 year balloon, it was Floating London Dollar APR at 17% interest or higher, we couldn’t pay it off in advance for at least 1 year? And it was rated as a C- LOAN, so no one would refinance us with it. Plus, after all is said and done, and you either sell or lose your home to foreclosure and they are listed on a bankruptcy filing….they claim that they were listed on a bankruptcy and turned the load over to another company that they really own call Willshire Financial.
Add me
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Please add me. Finally had to file bankrupt. These people would call constantly.
I was going through a Modification process. And Ocwen, call harnessed me day and night. I told them they need to contact my attorney. They told me “No”, we need to talk to you. And they continue to call. Until this matter modification was done. While this was going on they told me they going to do a foreclosure on me. I couldnt sleep until this process was completed.