Woman Files Sallie Mae TCPA Lawsuit After Repeated Robocalls

An Ohio woman has filed a Sallie Mae TCPA lawsuit because of repeated calls to the woman’s cell phone. Sallie Mae is a student loan company.

Within the last four years, Navient, Inc., aka Sallie Mae, began calling Rebecca Sutton’s cell phone by using an automatic telephone dialer system (ATDS) and using a pre-recorded, automated voice.

Upon answering Rebecca heard a pre-recorded message.

On Aug. 24, 2016, Rebecca spoke with a live person and demanded that all calls to her cell phone cease.

The calls persisted, which led to the Sallie Mae TCPA lawsuit.

Rebecca “was annoyed, harassed and inconvenienced by the continued calls.”

Each call made in negligent violation of the TCPA translates to an award of $500 in statutory damages for the Plaintiff. However, as a result of each call “made in knowing and/or willful violation of the TCPA, Plaintiff is entitled to an award of treble damages in an amount up to $1500…”

Why the Sallie Mae TCPA Lawsuit Is Important

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.

At the time the TCPA was written, most cell phone plans charged by the phone call or by the minute, which means the recipient of such calls would be charged to receive them. This is still the case with some, but not all, cell phone plans today.

In 2012, the FCC revised the TCPA rules. Telemarketers now must obtain written consent from each consumer before robocalling them.

It is no longer enough to prove “an established business relationship” with a consumer. That relationship is not the same as obtaining consent to robocalls.

In addition, telemarketers must provide an automated, interactive opt-out choice during each automated call so that consumers can immediately convey to the telemarketer that the calls should stop.

When a business such as Sallie Mae uses an automated dialing system to reach consumers without consent, that business should be held accountable for violating the TCPA.

If you have been the victim of an unwanted phone call or text message from Sallie Mae or any other business, you could have a legal claim that is similar to the Sallie Mae TCPA lawsuit.

The Sallie Mae TCPA Lawsuit is Rebecca Sutton v. Navient Solutions, Inc. aka Sallie Mae, Case No. 3:16-cv-03092-JGC in the U.S. District Court for the Northern District of Ohio.

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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