Navient Lawsuit Alleges Serious TCPA Violations

A Florida man filed a Navient lawsuit, alleging the financial institute violated various federal privacy laws including the Telephone Consumer Protection Act (TCPA). The lawsuit claims the company had sent numerous unwanted phone calls despite being repeatedly asked not to, which eventually forced the claimant to take legal action.

Plaintiff Michael H. is filing this Navient lawsuit alleging the financial institution knowingly violated the TCPA when making these calls, and eventually forced him to file for damages. According to his Navient lawsuit, Michael had received numerous calls from the financial institution trying to collect on an alleged debt.

While Michael had been initially making monthly payments to the defendant, he started falling behind in July 2015.

Navient is a financial institution company that prides itself on providing financial assistance to different industries including education, healthcare, and government. According to Navient’s website, the company also helps on a local level and assists millions of Americans “achieve financial success through our services and support.”

With these facets in play, Navient also acts as a debt collector of student loans and conducts debt collection when necessary on assistance provided.

Debt Collection Laws

While debt collection is perfectly legal, Navient and other companies must adhere to strict debt collection policies set by the Federal Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). The Navient lawsuit alleges the company failed to adhere to both federal laws, with Michael reportedly receiving hundreds of unwanted phone calls between July 2015 to July 2017.

Based on the number of calls received in the short time span, it has been alleged that Navient used an automated dialing, or robocall system. Automated dialing systems are devices that generate and call random phone numbers, and are strictly prohibited under the TCPA unless the caller has the call recipient’s permission to use such equipment.

In addition, companies are not allowed to use an automated voice without consent. The TCPA requires companies to cease contacting the consumer if requested, and must add the consumer to their do-not-call list.

The Navient lawsuit alleges the company failed to comply with these TCPA regulations, and eventually forced Michael to file legal action.

Overview of TCPA Policy

The TCPA was established by the federal government to help combat the growing problem of aggressive telemarketing, which continues to plague American consumers. The TCPA provided guidelines for companies to follow when contacting consumers including calling between the hours between 8:00am to 9:00pm, and to get the consent of consumers before making contact with them.

The TCPA was recently amended to include text messages, prohibiting companies from sending unwanted texts. Companies that are found to be in violation of TCPA laws can faces damage awards of between $500 to $1,500 per violation, depending on whether or not willful intent can be proven.

Consumers who wish to file a TCPA claim should document any unwanted phone calls they receive and basic facts about the interaction including:

• Day and time
• Summary of discussion
• Whether or not artificial voice was used
• If the company ignores requests to stop

At this point in time, Michael has been forced to file this Navient lawsuit and is seeking damages for all TCPA violations.

This Navient Lawsuit is Case No. 5:18-cv-00108-JSM-PRL, in the U.S. District Court of Middle Florida, Ocala 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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