Ocwen Robocall Lawsuit Filed over Nearly 1,000 Unwanted Calls

Plaintiff Tamara M. has filed a lawsuit against Ocwen Loan Servicing LLC in Florida federal court alleging violations of the TCPA, or Telephone Consumer Protection Act.

According to the Ocwen robocall lawsuit, Tamara is a resident and citizen of the state of Florida. She alleges as according to the claim that Ocwen had called her in an attempt to collect on a debt roughly 1,000 times since 2012.

Ocwen is a company that specializes in residential mortgage loans. Their loan servicing includes services for investor accounting, foreclosures, escrow, loss mitigation, and property disposition.

The Ocwen robocall lawsuit alleges that in an attempt to collect Tamara’s debt, Ocwen called her cell phone through the use of an “automatic telephone dialing system,” or ATDS. Using an ATDS is restricted under the TCPA, especially once the called party has asked for the calls to stop.

She states that she had asked Ocwen to stop placing such calls multiple times.

An ATDS, according to the Ocwen robocall lawsuit, is a mechanism that has the “capacity to store or produce telephone numbers to be called, using a random or sequential number generator (including but not limited to a predictive dialer) or an artificial or prerecorded voice…”

Tamara says she could tell that Ocwen had used an ATDS system because once she picked up the phone, she heard a pause before a representative’s voice came on the phone. The large number of calls she received also bespeaks use of an ATDS, she claims.

The Ocwen robocall lawsuit contends that “[f]rom each and every call without express consent placed by defendant to plaintiff’s cell phone, plaintiff suffered the injury of occupation of her cellular telephone line and cellular phone by unwelcome calls, making the phone unavailable for legitimate callers or outgoing calls while the phone was ringing from defendant’s calls.”

Telephone Consumer Protection Act Facts

According to the Federal Communications Commission (FCC), Congress had passed the TCPA in 1991 to help cut down on the increased number of telephone marketing calls that consumers were suffering from.

The TCPA regulates the use of an ATDS and artificial and pre-recorded voice messages. Callers must obtain express written consent before robocalling a consumer. An “established business relationship” is no longer grounds from allowing telemarketing calls to be made. Callers must also offer the called party a way to opt out of receiving similar calls in the future.

Additionally, individuals can list their phone numbers on the National Do-Not-Call registry to opt out of receiving calls from telemarketers. The Federal Trade Commission administers the Do-Not-Call registry and it went into effect back in October 2003.

The Ocwen Robocall Lawsuit is Case No. 6:17-cv-01849-ACC-GJK, 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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