Navient Robocall Lawsuit Alleges Debt Collection Calls Would Not Stop

A Navient robocall lawsuit was recently filed by a woman from Pennsylvania, alleging the company had violated the Telephone Consumer Protection Act (TCPA).

The Navient robocall lawsuit alleges the company repeatedly used automated dialing equipment to call the claimant’s cell phone trying to collect on an alleged student loan debt. The plaintiff claims these calls were harassing in nature and were made in violation of federal telemarketing laws.

Plaintiff Caroline H. filed this Navient robocall lawsuit alleging defendant Navient continued to pester her with robocalls even after she asked the calls to stop. According to the Navient robocall lawsuit, Caroline had regularly received cellphone calls beginning in 2009 or 2010 regarding the alleged student loan debt.

Caroline states that each time she answered a call, an artificial or pre-recorded voice message would respond and state that she owed a student loan debt to Navient. Based on the number of calls made and the pre-recorded messages used, the Navient robocall lawsuit alleges that an automated dialing system was most likely used to make these calls.

The Navient robocall lawsuit further states that Caroline had spoken with a company representative at some point in late 2015 or early 2016, and explained that she was disabled and unable to pay the loan. Caroline had also demanded for the calls to stop, which would be later repeated at different times as the calls continued.

The Navient robocall lawsuit points out that the company was aware that the calls were unwanted and were harassing in nature, but still continued to call Caroline’s cell phone. She claims Navient did not have her consent to place autodialed calls to her phone number.

Overview of TCPA Violations

The Telephone Consumer Protection Act was enacted in the early 1990s to help consumers combat aggressive telemarketers. The TCPA prohibits telemarketers from using automatic dialing equipment to call persons who have not previously consented to being contacted in that manner.

The TCPA also regulates the time phone calls are placed. The TCPA states that telemarketers can only call consumer between 8 a.m. to 9 p.m., and only if the consumer gives prior consent to being contacted.

The TCPA also applies to spam text messages, prohibiting companies from sending unwanted, automated messages to consumers. If the consumer asks for the calls, texts, and faxes to stop, the company must place them on its own do-not-call list and respect the request for the next five years.

Companies that violate the TCPA can face statutory penalties between $500 to $1,500 per violation. Consumers who are considering filing a TCPA lawsuit can document evidence that can help prove intentional violation including:

• Save all phone records, texts, or faxes, and highlight incoming calls from debt collectors and telemarketers
• Make a call log of calls received, and include the date and time of the call, the caller’s identity, a summary of the call, and note if a live representative or if a pre-recorded voice was used
• Save all relevant voice messages
• Note whether or not consent was revoked and document calls after consent was revoked

Caroline is seeking compensation for all TCPA violations, along with any other relevant damages

This Navient Robocall Lawsuit is Case 2:18-cv-01166-CB, in the U.S. District Court of the Western District of Pennsylvania.

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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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