TCPA Lawsuit Alleges Hundreds of Unwanted Ocwen Loan Servicing Phone Calls

Ocwen Loan Servicing LLC is facing a new Telephone Consumer Protection Act (TCPA) lawsuit, alleging the company bombarded the claimant with hundreds of unwanted phone calls to collect on a home mortgage debt.

The TCPA lawsuit was filed by a woman from Ohio, who alleges she continues to receive unwanted phone calls from Ocwen Loan Servicing despite being asked to stop at least several times.

Plaintiff Teresa B. alleges the Ocwen Loan Servicing phone calls were made to her using an automated dialing system, which is a device used to generate random phone numbers and place calls.

Teresa alleges that every time she answered these calls, it would begin with a pre-recorded message stating “Good morning, and thank you for calling Ocwen” before being transferring her to a live representative who identified the company as Ocwen Customer Care Center.

Teresa further states that there was a pause of dead air every time she answered, which further indicates an automated dialing system was used. While an automated dialing system is not illegal under the TCPA, companies must have express prior consent from consumers before using it to call them.

Ocwen Loan Servicing allegedly did not have this consent before allegedly sending hundreds of unwanted calls to Teresa’s cellphone, with the calls continuing even after being asked to stop. According to the TCPA lawsuit, Teresa had asked an Ocwen Loan Servicing representative to stop calling her on May 24, 2018.

This means that even if Teresa had given express prior consent to being called, the company would have had to stop calling her after this request. When a customer revokes their consent from being contacted, the TCPA states they must place the consumer on their do-not-call list and respect this request for up to five years.

Ocwen Loan Servicing has allegedly not been respecting this or other rules of the TCPA, which eventually forced Teresa to file legal action. According to the TCPA lawsuit, approximately 200 calls were placed to Teresa’s phone with the number potentially much higher because Teresa was unable to log them all.

Overview of TCPA Policy

The TCPA was established by Congress in the early 1990s, to help consumers combat aggressive telemarketers. The TCPA requires companies to only call during reasonable daytime hours, and they can only call consumers using certain automated equipment if they had prior express consent beforehand.

This policy has since been amended to include text messages, with companies prohibited from sending solicitation texts without the prior consent from the consumer. Even with these policies in place, consumers are still plagued with consent spam texts and telephone calls.

According to the Federal Communications Commission (FCC), there were approximately 215,000 TCPA complaints submitted to the commission in 2014. Consumers who are considering filing a TCPA lawsuit should keep a log of all relevant phone calls including:

• Date and time of call
• Summary of call
• If an artificial voice or pre-recorded message responded
• If express prior consent had been given
• If consent had been revoked

Teresa alleges that these Ocwen Loan Servicing calls were made deliberately, with the company knowing and willfully violating the TCPA. If willful intent can be proven, Teresa could receive up to $1,500 per unwanted phone call along with any other relevant damages.

This Ocwen Loan Servicing lawsuit is Case No. 9:18-cv-81635-DMM, in the U.S. District Court of Southern Florida, West Palm Beach 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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