Nationstar Robocalls TCPA Lawsuit Allowed to Go Forward

A TCPA lawsuit filed over Nationstar robocalls is set to move forward after a federal judge decided not to toss it, ignoring the mortgage company’s request. The lawsuit alleges that the mortgage company engaged in illegal telemarketing and debt collection practices, in violation of the Telephone Consumer Protection Act (TCPA).

The plaintiff, Mark R., took out a $156,695 loan with Nationstar. The bankruptcy court ordered the debt be discharged. He had a creditors’ meeting scheduled in October 2015, and Nationstar was given notice, but representatives of the company did not appear at the meeting, the lawsuit alleges. Nationstar was also allegedly informed that it should not try to contact the plaintiff directly.

However, the lawsuit claims, Mark continued to receive regular Nationstar robocalls and debt collection letters, despite the bankruptcy court’s order of discharge. According to the lawsuit, Mark received at least 37 Nationstar robocalls between April 2016 and November 2016.

Nationstar said that the lawsuit should be dismissed on the grounds that the plaintiff failed to prove he had successfully discharged the debt. But the Illinois federal judge overseeing the case, U.S. District Judge Sharon Johnson Coleman, disagreed. The judge noted that “there is no reason to believe the discharge did not have its stated effect on the loan,” dismissing Nationstar’s argument.

An attorney for the plaintiff noted that they are “thrilled” with the judge’s ruling. “Simply put, once consumers receive a bankruptcy discharge, they are entitled to a fresh start and should not have to submit to continued collection activity and derogatory credit reporting,” the attorney told Law360.

Basics of the TCPA

The Telephone Consumer Protection Act, or TCPA, was first create back in 1991. The TCPA was intended to protect consumers from unwanted solicitation through technology. The TCPA has always focused on the placement of unwanted robocalls, or the use of an auto dialer or pre-recorded messaging system to contact consumers who have not given their explicit permission to receive such calls. Of course, as new technology such as cell phones has emerged over the years, the TCPA has further expanded to include text messaging as well.

Reporting TCPA violations or filing a lawsuit over unwanted robocalls can help keep companies in check, and may also reward consumers with a set amount of award money per individual violation. According to the Federal Communications Commission, or FCC, reports of TCPA violations are extremely common. In fact, the FCC received more than 215,000 individual TCPA complaints in 2014 alone.

Filing a TCPA Lawsuit

If you have been on the receiving end of unwanted or harassing Nationstar robocalls or TCPA violations by another company without having first given your permission, you may be able to report these TCPA violations and receive compensation.

Keep messages and phone records of the robocalls placed to your phone. In order for your TCPA claims to be most effective, you will need proof of these violations.

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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