Ocwen Robocall Lawsuit Alleges Hundreds of Unwanted Calls

A woman has filed an Ocwen robocall lawsuit, accusing the loan company of violating the Telephone Consumer Protection Act.

Plaintiff Rose C. was being sought by Ocwen Loan Servicing LLC, which was attempting to collect an alleged residential mortgage loan debt incurred by Rose.

According to the Ocwen robocall lawsuit, the company used an automatic phone dialing system to call Rose’s cell phone numerous times.

Rose said when she answered the calls, she would hear either an automated voice message or “a noticeable period of ‘dead air’ while the caller’s auto-dialing system attempted to connect the plaintiff to a live telephone employee.”

Ocwen Robocall Lawsuit Alleges Hundreds of Calls

Ocwen is accused of calling Rose “hundreds of times in a campaign designed to apply maximum psychological stress with the aim of pressuring her into paying the debt.”

The “defendant’s calling campaign included multiple calls a day and/or calls on back-to-back days.”

As an example, the Ocwen robocall lawsuit shows calls were made at 10:50 a.m., 3:52 p.m. and 7:07 p.m. on Jan. 12, 2016 and again at 3:37 p.m. on Jan. 13, 2016.

Rose claims she did not give her consent to Ocwen to call her cell phone at all.  She claims her “privacy was improperly invaded, her peace was disturbed, her cellular telephone’s battery and memory were taxed, her cellular telephone was tied-up, and she was forced to spend time tending to unwanted calls.”

In addition, Ocwen stands accused of knowing its collection techniques violated the Telephone Consumer Protection Act, or TCPA.

Rose’s TCPA lawsuit says, “Congress enacted the TCPA to prevent real harm. Congress found that ‘automated or pre-recorded calls are a nuisance and an invasion of privacy, regardless of the type of call’ and decided that ‘banning’ such calls made without consent was ‘the only effective means of protecting telephone consumers from this nuisance and privacy invasion.’”

The TCPA was enacted in 1991 to protect consumers from unwanted telemarketing phone calls and faxes. The act is especially designed to prevent automatic phone dialing systems from sending unsolicited phone calls and faxes to consumers.

Florida’s Statute Adds More Protections

The Florida Consumer Collections Practices Act (FCCPA) “prevents debt collectors and persons, respectively, from engaging in abusive, deceptive, and unfair collection practices.”

The FCCPA states “In collecting debts, no person shall… willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family.”

If you have been the victim of an unwanted phone call or text message from a debt collector or other business, you could have a legal claim.

The Ocwen Robocall Lawsuit is Case No. 9:16-cv-81909 in the U.S. District Court for the Southern 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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