Man Alleges Unwanted Navient Phone Calls Violated TCPA

A Florida man recently filed a new TCPA lawsuit, alleging he received automated Navient phone calls from the giant student loan company.

The plaintiff, Thomas H., claims he was hit with hundreds of Navient phone calls as the company tried to collect his alleged student loan debt. According to the lawsuit, Thomas received around five hundred individual Navient phone calls.

Thomas claims that these calls were made using an autodialer system, which he noticed because of a distinct pause before the voice came on the line and the prerecorded messages he received.

Thomas says he requested that the Navient phone calls stop being placed to his cell phone, revoking his consent. However, Navient allegedly continued placing these automated calls to his cell phone, despite his request that they quit calling.

Having tried to put an end to the Navient phone calls by revoking consent, Thomas then turned to litigation, alleging that Navient violated the TCPA.

The lawsuit calls for treble damages of $1,500 for each one of these Synchrony harassing phone calls that knowingly violated the TCPA. A negligent violation of the TCPA would incur a $500 fine.

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 Navient 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 fine of $500, but a violation made in willful or knowing violation of the TCPA can increase that fine to up to $1,500.

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 Navient Phone Calls Lawsuit is Case No. 8:18-cv-01107-SCB-TGW, in the U.S. District Court for the Tampa 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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