Navient TCPA Class Action Lawsuit Alleges Multiple Federal Privacy Violations

A Florida woman has filed a Navient TCPA class action lawsuit after receiving numerous unwanted cellphone calls and repeatedly ignoring her pleas to the company to stop contacting her.

According to the Navient TCPA class action lawsuit, the company has placed or sent a dozen similar spam calls and texts to class members while allegedly ignoring federal privacy laws.

Lead plaintiff Susan Fennell is filing this Navient TCPA class action lawsuit, seeking to represent herself and other class members who had similar experiences. Along with defendant Xerox Education Services, Navient Solutions LLC allegedly violated the Telephone Consumer Protection Act (TCPA) multiple times to make unwanted contact with Fennell and other class members.

The TCPA was established by Congress to help protect consumers against aggressive telemarketers by placing strict policies for businesses to follow. Under the TCPA, businesses are prohibited from using an automated dialing system to place calls or use an artificial voice to answer if the consumer responds.

Live representatives must be able to identify themselves and the company they work for, so the consumer knows they are talking to a real person. In addition to these calling policies, the TCPA also requires companies to keep a do-not-call registry and adhere to this list for five years.

This means that if a customer asks not be contacted by the company or revokes any previous consent given, the company must respect this request. Even though Fennell and other class members had requested for these calls to stop, Navient allegedly failed to adhere to these requests.

Overview of Navient TCPA Class Action Lawsuit

According to the Navient TCPA class action lawsuit, Fennell had begun receiving a barrage of unwanted cellphone calls and text messages from the company for solicitation purposes.

In most of these calls, an artificial voice would answer and would not give Fennell the chance to ask for the calls to stop. In addition to the artificial voice, Fennell also alleges the company used an automated dialing system based on the volume of unwanted cellphone calls.

Fennell reportedly told the company to stop calling her on multiple occasions, in which case she spoke to a live representative. These correspondences occurred between the years of 2015 to late 2017, in which Fennell expressly revoked her consent and asked the company to stop calling her.

The Navient TCPA class action lawsuit points out the company had received the notices and responded to her requests, with a written letter dated Aug. 7, 2017. The letter reportedly acknowledged she had asked for the company to stop calling and promised to adhere to Fennell’s request.

However, Fennell reportedly continued to get these unwanted calls until October 2017, which eventually spurred her to file the Navient TCPA class action lawsuit. Fennell is seeking damages for each TCPA violation made in these calls, and is seeking damages up to $1,500 per violation alleging willful intention.

Under the TCPA, businesses can be hit with statutory damages between $500 to $1,500 depending on whether or not the company was proven to be knowingly violating the federal privacy law.

Consumers who wish to file a TCPA lawsuit are encouraged to keep documented records of spam calls with information including the date and time of the call, the company calling, if a live representative answered, and a summary of the call.

This Navient TCPA Class Action Lawsuit is Susan Fennell v. Navient Solutions LLC and Xerox Education Services, Case No. 6:17-cv-02083-RBD-DCI, 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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