Plaintiff Accuses Navient of Making Harassing Phone Calls

Plaintiff Stacy G. has filed a lawsuit in Alabama federal court against Navient Solutions LLC, alleging violations of the TCPA, or the Telephone Consumer Protection Act.

The TCPA was enacted to help consumers stop harassing phone calls and faxes, according to the Federal Communications Commission, or FCC.

According to her TCPA lawsuit, the plaintiff alleges that she suffered from harassing phone calls. The plaintiff alleges that beginning in May 2016 and through April 2017, she started receiving these harassing phone calls. She claims the defendant “placed repeated telephone calls to plaintiff’s cellular telephone number seeking to collect an account balance.”

Moreover, Navient allegedly used an automatic telephone dialing system or an “automated message and/or prerecorded voice” when they contacted the plaintiff.

The TCPA prohibits certain kinds of calls, texts, and faxes sent by solicitors and telemarketers using an automatic dialing system or a prerecorded message. Additionally, the TCPA maintains that telemarketers, or any business entity must obtain a consumer’s consent in writing before making automatically dialed calls or texts to a consumer. An establishment of a business relationship is not sufficient to establish consent for these kinds of communications, according to the FCC.

The TCPA maintains that unconsented calls to cell phones using any type of automated telephone dialing system or pre-recorded voice is prohibited.

According to the lawsuit, the plaintiff alleges that she knew that Navient was using an automated telephone dialing system, as the calls would begin with a recording before she was later transferred to a live representative.

Additionally, the plaintiff contends that the calls were not made for any emergency purposes but solely to collect on a student loan.

Thereafter, Stacy alleges that she asked the defendant to stop calling, and that her students loans were to have been allegedly “discharged” as she was now on disability.

However, Navient never stopped the alleged telephone calls and continued to call the plaintiff.

Stacy files the harassing phone calls lawsuit against the defendant alleging that they violated the TCPA.

The FCC contends, “your written or oral consent is required for ALL autodialed or prerecorded calls or texts made to your wireless number. Telemarketers have never been permitted to make robocalls to your wireless phone based solely on an ‘established business relationship’ with you.”

According to the TCPA, the only type consent that is required for a telemarketer or advertiser to make cell phone calls is a written consent by the consumer. Therefore, if a caller is attempting to contact you, the law requires them to have your consent in writing before they are able to make any robocalls.

Under the terms of the TCPA, consumers can be eligible to collect $500 in damages and as much as $1,500 per TCPA violation.

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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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