Joanna Szabo  |  June 14, 2018

Category: Consumer News

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After reportedly experiencing years of harassing robocalls, a Florida man filed an Ocwen robocall lawsuit alleging the calls violated TCPA rules.

The plaintiff, Mark M., alleges in his Ocwen robocall lawsuit that he began receiving auto-dialed calls to his cell phone from Ocwen Loan Servicing in June 2015 over an alleged mortgage loan debt dating back to the turn of the millennium. Mark says he informed Ocwen that he doesn’t owe them any money and demanded they stop calling him, revoking any prior express consent he may have provided.

However, Ocwen allegedly continued to place robocalls to his cell phone for the next two years, through September 2017. During this time, Ocwen placed more than four hundred robocalls to Mark’s number, which he alleges in his Ocwen robocall lawsuit amounts to harassment. Indeed, the Ocwen robocall lawsuit claims that the company willfully and/or knowingly violated the TCPA in their frequent and intrusive calls, despite his clear demand that they stop.

The Ocwen robocall lawsuit was filed on May 22, 2018, in the U.S. District Court for the Middle District of Florida.

Background of the TCPA

The Telephone Consumer Protection Act, or TCPA, was introduced back in 1991 and intended to protect consumers from unwanted solicitation through technology.

The Telephone Consumer Protection Act has always focused on the placement of unwanted solicitation calls, or the use of an auto dialer or pre-recorded messaging system to contact consumers who have not given their explicit permission to receive these calls. However, in more recent years, the TCPA has expanded to include SMS text messaging as well as traditional unwanted solicitation calls.

Reporting TCPA Violations

Reporting violations of the TCPA or filing a lawsuit can help force companies like Ocwen and countless others to comply with TCPA regulations. Reports of violations may also grant consumers award money per individual violation.

These kinds of TCPA violations are extremely common—so common that many consumers are used to it, and may not even know that these practices are illegal. According to the Federal Communications Commission, or FCC, the agency received more than 215,000 individual TCPA complaints in the year 2014 alone.

If you have received unwanted robocalls or prerecorded messages from a company like Nvaient without having given prior express permission, or after placing your name on a federal Do Not Call telemarketer list, you should be able to report these violations and receive compensation.

Unwanted robocalls or texts in willful or knowing violation of the TCPA may be subject to statutory damage awards of $500 to $1,500 for each violating call or text message.

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

The Ocwen Robocall Lawsuit is Case No. 5:18-cv-00250-JSM-PRL, in the U.S. District Court for the Ocala Division of the Middle District of Florida.

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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