Two Debtors Take Action Against Ocwen Phone Calls

Two debtors have initiated a TCPA lawsuit regarding Ocwen phone calls. According to the Ocwen phone calls lawsuit, the defendant allegedly contacted them illegally multiple times. Plaintiffs Diana and Jason W. allege that these Ocwen phone calls violated the Telephone Consumer Protection Act.

The Telephone Consumer Protection Act was created to protect consumers from abusive robocalls and to protect the privacy of American citizens. The number one type of complaint filed with the FCC are those involving unwanted calls and texts. In 2014, for example, more than 215,000 complaints were lodged directly with the FCC about violations of the TCPA.

The plaintiffs in the Ocwen phone calls lawsuit are residents of the state of Pennsylvania and claim that they were contacted by the creditor defendant more than 1,000 times in the defendant’s effort to collect on a debt.

The Ocwen phone calls lawsuit says that the defendant contacted the plaintiffs cellular phone numbers using an automatic telephone dialing system. An automatic telephone dialing system uses a sequential or random number generator and produces the telephone numbers to be contacted.

The plaintiffs in the Ocwen phone calls lawsuit claim that the calls most definitely came from an auto dialer because of the high number of phone calls received and because they heard a pause when the phone call was answered prior to a voice coming on the line. Both Jason and Diana say that they were contacted an exorbitant number of times in the defendant’s effort to collect a debt.

The plaintiffs claim that on several occasions since January 2011, they requested that the defendant discontinue calling each of their cellular telephones. However, they allege the Ocwen phone calls came coming despite their requests that they stop.

The Ocwen phone calls lawsuit says that the plaintiffs repeated their request numerous times with the defendant to discontinue calling cellular telephone. They claim that the defendant continued to abuse and harass them in violation of the TCPA.

Although debt collection companies are allowed to carry out an effort to collect on a debt, this must be done within the bounds of the law and through approved communication means. When a consumer initially gives consent to be contacted with an autodialer, the TCPA gives them the right to revoke this consent at a later point in time.

In recent years, more consumers have complained about harassing behavior not just by debt collectors, but by other companies attempting to make use of phones and faxes as well as text messages.

As a result, the TCPA now prohibits particular types of communication from companies to consumers who haven’t consented to those communications. This same legislation is what allows consumers to fight back with legal action when they have been repeatedly contacted in violation of those laws. Previous claims against Ocwen led to a robocall class action settlement in 2017.

The Ocwen Phone Calls Lawsuit is case 9:18-cv-81455-DMM filed in the U.S. District Court Southern District of Florida, West Palm Beach Division.

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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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