Man Files TCPA Lawsuit Alleging More Than 50 Navient Robocalls Per Day

A man has filed a TCPA lawsuit against Navient Solutions, LLC and Allied Interstate, LLC over Navient robocalls.

Plaintiff Sim S. II alleges Navient and Allied violated the Telephone Consumer Protection Act (TCPA) , the Fair Debt Collection Practices Act, and the Florida Consumer Collection Practices Act. Sim allegedly owes a debt to Navient, and Allied is a debt collector.

Sim alleges he received more than 50 Navient robocalls per day as the company attempted to collect an alleged debt.

Some of the calls made to Sim allegedly came from an automatic telephone dialing system that used a pre-recorded voice before there was a pause allowing him to speak with a live agent. The TCPA restricts phone calls made by automatic dialing systems, known as robocalls. Many calls Sim alleges he received were Navient robocalls.

Sim alleges he asked a live representative many times to stop calling his cell phone number, but the calls persisted. In at least one occurrence, Sim asked the phone representative to stop the calls, but the representative responded that the calls would continue.

When Sim allegedly asked to speak with a manager, the phone representative refused his request.

According to the Navient robocall lawsuit, each subsequent call Navient or Allied made to Sutterby’s cell phone was “knowing and willful” and done without his “express consent.”

Plaintiff Claims Navient Robocalls Are Corporate Policy

Sim’s complaint alleges that Navient and Allied have a corporate policy of using an automated dialing system with a pre-recorded or artificial voice that does not allow any means for the consumer to remove his or her phone number.

The companies also allegedly “have a corporate policy to harass and abuse individuals despite actual knowledge the called parties do not wish to be called,” says the Navient robocalls lawsuit.

Navient and Allied are accused of “willfully and/or knowingly” violating the TCPA with respect to their behaviors toward Sutterby.

Navient Robocalls Wasted Time, Plaintiff Says

Sim alleges he suffered the unnecessary expenditure of his time every time he received Navient robocalls. For the times he answered their calls, he allegedly wasted time every time he asked the company to quit calling him because the calls continued.

Even when he did not answer the calls, he purportedly had to unlock his phone and contend with missed call notifications and call logs that listed the unwanted calls. The volume of unsolicited calls was such that it allegedly impaired the useful aspects of the call notifications and call logs.

Allied also is accused of violating the FDCPA  “by willfully engaging in conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.”

The Navient Robocalls Lawsuit is Case No. 6:18-cv-01142-RBD-KRS in the U.S. District Court for the Middle District of Florida, Orlando 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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